Hindu Law -- Disinheritance of son from estate of father - Has to be by way of registered document and mere advertisement/publication in the newspaper cannot be legitimately accepted to be an act of legal inheritance...........
Civil Procedure Code, 1908, Order 11, Rule 14, Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce petition on ground of cruelty - Production of documents - Documents sought to be produced pertains to educational course or earning of wife as teacher - These documents not related with ground taken by wife - Application rightly rejected...........
Hindu Marriage Act, 1955, Section 11, 5(i) -- Annulment of marriage - Void marriage - Limitation - There is no period of limitation for seeking a decree of nullity as regards a void marriage...........
Hindu Marriage Act, 1955, Section 11, 5(i) -- Annulment of marriage - Suppression of living spouse of husband of his earlier marriage - Husband at the time of marriage with wife stated to be divorcee - However, evidence on record shows that it was not in the knowledge of wife that husband did not get decree of divorce from his earlier marriage - Factum of living spouse of..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Divorce petition by husband - Plea of husband that he has been acquitted of false criminal case on basis of benefit of doubt - Held, not tenable - Order granting divorce held, erroneous...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Desertion - Divorce petition by husband - Wife is residing with her 2 children and father-in-law in rented house is indeed her matrimonial house - Even, wife never left matrimonial house and there is no animus deserendi on her part - Moreover, affidavit by father-in-law rejecting every claim of husband regarding cruelty and..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24 -- Maintenance to wife - Amount of maintenance granted u/s 125 Cr.P.C is adjustable with pendente lite maintenance awarded u/s 24 of Hindu Marriage Act...........
Hindu Marriage Act, 1955, Section 24 - - Wife and daughter are not staying with husband - Husband failed to produce any documentary evidence to establish that wife is a Government employee - He is not regular and is evading responsibility of making payment - Order of maintenance held, proper - Husband directed to clear all arrears of maintenance and continue to pay amount..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Several false complaints filed by wife against husband - Wife deserted husband without any reasonable cause - Husband alleges that wife is living with another person for a quite long time as her paramour - All these facts amounts to mental cruelty to husband - Divorce rightly granted..........
Hindu Marriage Act, 1955, Section 27 -- Return of gold ornaments - Husband succeeded in proving that on the date when he purchased property, amount was separately withdrawn from his account, which was utilized for purchasing property - Contention of wife that her gold ornaments were sold by husband for purchasing property is not correct - Claim of gold ornaments rightly..........
