Hindu Law -- Joint Hindu Family Property - Settlement - Great grandfather of plaintiff died in the year 1997 and his only son predeceased him in the year 1987 - Thus when he is survived by a male member, it is father of plaintiff only who becomes Karta and by death, plaintiff also becomes a coparcener and a right is accrued in his favour - When on birth of plaintiff a..........
Guardians and Wards Act, 1890, Section 25, Hindu Minority and Guardianship Act, 1956, Section 13 -- Custody of minor daughter - Claimed by father - Child was emotionally attached to her mother, as she is residing with her mother - She did not want to go with her father - Mother of child is well educated and a working lady - She was looking after her daughter with all love..........
Hindu Marriage Act, 1955, Section 24, Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Rejection of earlier claim for maintenance u/s 125 Cr.P.C made by wife is not a bar to file an application for grant of interim maintenance in proceeding initiated by husband...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - There can be desertion without previous cohabitation by parties or without marriage having been consummated...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion is not withdrawal from place but from a state of things for what law seeks to enforce is recognition and discharge of common obligations of married state, state of things may usually be termed for short, the home...........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Parties were married in 2002 and their married life was happy for about 6 years - Thereafter wife remained in her parent's house for years together - Husband filed petition for restitution of conjugal rights, which was withdrawn at behest of wife - Conduct of..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Period of 2 years of desertion on part of wife had not expired on date of presentation of plaint - Precondition provided u/s 13(1)(ib) of the Act, therefore, was not fulfilled on date of presentation of suit - Subsequent events which have taken place after institution of suit are..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Petition by husband - Parties are not living separately on account of their own free will - It is husband, who refused to keep wife along with minor children with him - Husband never discharged his liability towards wife nor paid attention towards his children - No evidence on record..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Mere trivial irritation, quarrels and normal wear and tear of married life, which happen in day to day life, would not be adequate for grant of divorce on ground of mental cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - A few isolated instances over a period of years will not amount to cruelty - Ill conduct of wife must be persistent for a fairly long period - Such instances of cruelty should be near proximity with filing of divorce petition...........
