Hindu Marriage Act, 1955, Section 24 -- Maintenance u/s 24 of the Act has to be awarded from date of filing application...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - No specific incident of cruelty alleged by husband nor he examined any witness who can support the allegations of cruelty - Ordinary wear and tear of life cannot be said to be cruelty - More so, husband was living in same house with wife even after petition for divorce was filed -..........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Adultery - Petition by husband - Allegation that wife used to visit her brother-in-law which he did not like and many times prevented her - However, evidence on record shows that wife was living away from her native place and her sister and her husband lived at the place where wife resides, so her visit to her sister..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Not recognized under statue - Irretrievable breakdown of marriage may have academic relevance but it cannot become a ground for seeking divorce in a petition before Court...........
Indian Penal Code, 1860, Section 498A, 406, 323, 354, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Dowry demand - Quashing of proceedings - Plea that FIR was lodged as a counter blast to filing of divorce petition - Filing of divorce petition or petition u/s 9 of Hindu Marriage Act cannot be taken into consideration to..........
Hindu Law -- Custom - Inheritance - Right of daughter - Virgin daughter is not barred to inherit right of her father, rather collateral is excluded - Since defendants admitted plaintiff to be daughter of original owner, mutation which does not confer title in favour of grandmother of plaintiff after demise of her mother, was non est, illegal, null and void in eyes of law...........
Hindu Minority and Guardianship Act, 1956, Section 8 -- Property of minor - Agreement to sell by mother - Suit filed by minor for symbolic possession by way of specific performance - Agreement to sell does not by itself create any interest in or charge on property - Same thus, not fall within meaning of word `otherwise', which requires previous permission of Court before..........
Hindu Marriage Act, 1955, Section 13, 9, 21, 23A, Civil Procedure Code, 1908, Order 8, Rule 6A -- Divorce - Counter claim to seek relief under the Act of 1955 - There is no period of limitation prescribed for filing counter claim in proceedings under Hindu Marriage Act - It is S.23-A of the Act of 1955 which is applicable for seeking counter claim as such O.8.R.6-A CPC is..........
Hindu Marriage Act, 1955, Section 13, 9, 21, 23A, Order 8, Rule 6A, Protection of Women From Domestic Violence Act, 2005, Section 18, 19, 20, 21, 22, 26, Family Courts Act, 1984 -- Divorce petition filed in Family Court - Counter claim seeking relief under Hindu Marriage Act and Domestic Violence Act - Counter claim for such reliefs is maintainable in divorce petition..........
Agreement to sell -- Agreement to sell by Karta - Joint Hindu Family property - Plea of legal necessity taken by legal Heirs of Karta - Karta signed the agreement after obtaining consent of his legal heirs - Very fact that one son of Karta was a signatory to agreement was sufficient to draw a presumption that agreement to sell was made by Karta with consent of other..........
