Juvenile Justice (Care and Protection of Children) Act, 2015, Section 56(3), 80, Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Adoption deed - Presumption - Once an adoption deed is executed and registered under the Act, Court shall presume that adoption is made in compliance with provisions of the Act until it is disproved...........
Matrimonial litigation -- Furnishing of affidavit of assets, income and expenditure - Directions issued to Family Courts in the States of Punjab, Haryana and Union Territory of Chandigarh and also to all Courts handling matrimonial litigation in the said states that : (i) Courts shall insist upon parties to furnish "Affidavit of assets, income and expenditure" in given..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Consent given for divorce by mutual consent can be withdrawn by one of parties before Court grants decree of divorce by mutual consent and when said consent is withdrawn, Court cannot pass a decree of divorce by mutual consent...........
Hindu Succession Act, 1956, Section 14(1) -- Property of Hindu female - Life interest was given to Hindu Female and she was in possession of same - She died in the year 1996 after coming into force of the Act - Even before her death, she become absolute owner of suit property - Since she sold the property to defendant in 1991 and sale deed shows absolute right over..........
Hindu Adoptions and Maintenance Act, 1956, Section 15, 16 -- Adoption deed - Presumption - No presumption can be raised u/s 15 of the Act, in absence of signature of natural father or mother of adoptee as was mandatorily required in terms of S.16 of the Act itself - Adoption deed not valid...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Withdrawal of consent by husband - Consent given can be withdrawn by one of the parties before Court grants decree of divorce by mutual consent - Dismissal of petition for divorce by mutual consent, upheld...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife is a government employee, working as Headmistress in primary School and receiving handsome salary for maintaining herself - She can even bear expenses of litigation - Husband is paying Rs.4000 p.m to each of daughters regularly (total Rs.8,000/-) for their maintenance - Wife held, not entitled to..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Income of husband from various sources as pleaded was not established by any cogent evidence on record - Wife has no adequate source of income and she has to travel from UP to Kota for attending each date of hearing - Order of trial Court directing husband to pay Rs.4000 pm towards maintenance pendente..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion by wife - Husband alleged in his petition that he was driven out from quarters by his father-in-law and brother-in-law - However, no such allegation was made by husband in his cross-examination - Evidence of witnesses of husband is inconsistent and contradictory to each other - Wife on the other hand stated..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Legal course adopted by wife to protect her rights cannot be considered as inflicting cruelty on husband...........
