Hindu Succession Act, 1956, Section 15 -- Property of female Hindu dying intestate - Property shall devolve firstly upon sons and daughters (including the children of any pre-deceased son and daughter) and husband - Thirdly, the property would devolve upon mother and father and fourthly upon heirs of father and lastly upon heirs of mother - Mother of deceased female Hindu..........
Hindu Succession Act, 1956, Section 15 -- Property of female Hindu dying intestate - Succession - Husband of deceased is in first category legal heir who is entitled to her property - Succession certificate rightly issued in favour of husband...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Filing of false criminal cases by wife - Family Court can examine factual foundation of criminal action instituted by wife and examine it for limited purpose whether allegations on face of it, appears to be fake or concocted so that aspect of `cruelty' can be decided...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband initially filed petition u/s 9 of the Act which was permitted to be withdrawn when wife set in motion criminal action - Allegations of cruelty are subsequent to filing of petition u/s 9 of the Act by husband - Contention of wife that application filed u/s 9 of the Act itself..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Filing of false criminal cases by wife - Wife lodged complaints which became foundation of criminal cases after started living separately from her husband - Court below raised serious doubt regarding genuineness of complaint lodged by wife - No amount of pleading or argument were advanced by..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Husband alleges that he is unemployed - However, it is unacceptable that husband who is 26 years old and holding a degree in BBA continues to remain unemployed - Affidavit of assets, income and expenditure filed by husband is found to be extremely ambiguous - Except for writing "NA" in most of columns..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Hurling of false accusation which ended in acquittal of husband, amounts to cruelty against husband within meaning of S.13(1)(ia) of the Act - Divorce rightly granted in favour of husband...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Family Court has no power to decree suit on the ground of irretrievable breakdown of marriage as it is a ground unrecognized in law - Decree to that extent unsustainable - However, since there are no emotional ties left between parties, as admittedly they are living in separation since..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband is working as a driver - Whereas, wife is a lady without any independent source of income and only maintenance @ Rs.2000 p.m awarded, which would not be sufficient to take care of her needs - Scale of minimum wages entitled to skilled workmen that husband would be earning in range of Rs.15,000 to 25,000..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by husband - Wife could not get opportunity to contest the case as her counsel failed to discharge his duty - No written statement was filed on behalf of wife which goes to show that counsel of wife did not take proper care of case - It is thus, proper to give an opportunity to wife to contest..........
