Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Merely because wife was neglecting her duties or that she was abusive and insulting, would not be sufficient to constitute an act of cruelty unless and until specific instances showing such a conduct are pleaded and proved...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Mere frustrations or desperations cannot be a ground of divorce - Cruelty should be of such a nature that it becomes impossible for a spouse to live with the other...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Burden of proof - Burden is on husband to prove acts of cruelty, as petition for divorce was filed by husband...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Isolated instance alone and that too without any proof cannot be a ground to dissolve marriage...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Averments in petition are general and repetitive and mere incidents of any marriage and its normal wear and tear - Husband not pleaded any incident which would be of such a grave or serious nature so as to give rise to a danger or an apprehension that it was dangerous to live with wife - He..........
Hindu Succession Act, 1956, Section 6(as - - Right of married daughter to file partition suit - Retrospective application of daughter`s right in co-parcenary property was not available when earlier partition suit filed in 2004 came to be decreed - Daughter held, justified in filing subsequent suit for partition, as fresh cause of action has arisen to her to maintain the..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Mere fact that wife unable to conceive, cannot be treated to be an act of cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Instances of cruelty quoted by husband was termed to be trivialities of a married life - If a decree of divorce is granted on minor wear and tear of matrimonial alliance, then very institution of marriage would stand crumbled - Moreover, instances pleaded by husband not proved on record -..........
Hindu Minority and Guardianship Act, 1956, Section 8(3) -- Transfer of property by natural guardian of minor by a registered sale deed in contravention of S.8 of the Act - Alienation made on behalf of minor can be avoided by minor or any person claiming under him - In event, minor dies before attaining majority, obviously, his legal heirs will have right to avoid..........
Hindu Minority and Guardianship Act, 1956, Section 8(3), Limitation Act, 1963, Article 60 -- Minors property - Sale in contravention of S.8(3) of Act of 1956 - Alienation made on behalf of minor can be avoided by minor or any person claiming under him by filing a suit - Suit to be filed within three years of attaining majority of minor or within three years of death if..........