Hindu Minority and Guardianship Act, 1956, Section 6 -- Custody of minor girl - Claimed by father - Father living an immoral life, as he is living with another woman in live-i, relationship and got a child also from that woman, without obtaining any decree of divorce from her legally wedded wife and also labeled as a habitual drunkard - Welfare of child would not be in..........
Hindu Succession Act, 1956, Section 8 -- Succession - Co-parcenary ancestral property - Property inherited by legal heirs u/s 8 of the Act and after number of suits acknowledging family settlements, property cannot be claimed to be ancestral co-parcenary property and is exclusive property...........
Hindu Marriage Act, 1955, Section 13B, 24, Civil Procedure Code, 1908, Section 151, Constitution of India,1950, Article 227 -- Matrimonial dispute - Compromise u/s 13-B HMA - Non-adherence of compromise - Refund of amount of Rs.6 lakhs - Amount given to wife at the stage of first motion in petition u/s 13-B of HMA - However, wife not responded to stage of second motion -..........
Hindu Marriage Act, 1955, Section 24, Family Courts Act, 1984, Section 19(1) -- Maintenance pendente lite - Writ petition and not appeal there against is maintainable...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Income of Husband assessed by Family Court as Rs.1,10,000 p.m - Husband not questioned the said income by filing separate petition or otherwise - Family Court ought to have granted 25% of total income as interim maintenance to wife - Wife held, entitled to Rs.27,500 p.m from date of grant of maintenance...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Recall of compromise decree on the ground that the same was obtained by playing fraud - Wife rightly approached trial Court instead of filing an appeal thereagainst...........
Hindu Succession Act, 1956, Section 14(1) -- Widow of maternal grandson - Has no pre-existing right of maintenance in property of maternal grandfather, consequently, her life interest does not enlarges into absolute ownership u/s 14(1) of the Act...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Can be granted only when wife has no independent income sufficient for her support and necessary expenses of the proceeding and not that husband is earning a lot and wife has to get a substantial share out of the same...........
Hindu Marriage Act, 1955, Section 15, Contempt of Courts Act, 1971, Section 2(b) -- Remarriage by husband during pendency of appeal filed by wife within limitation against decree of divorce - Notice of appeal not served on husband - Nothing on record to show that husband made any effort to find out as to whether any appeal had been filed or not - Conduct of husband amounts..........
Hindu Succession Act, 1956, Section 6 -- Joint family Property - Notional partition - Right of daughter - Death of father of parties long ago prior to amendment being made to S.6 of the Act - Principle of notional partition would apply for the purpose of diving properties between legal representatives of father - They would get half share and in half share of father, his..........
