Hindu Succession Act, 1956, Section 30 -- Will by Hindu Male bequeathing property - Hindu male bequeathed his share in favour of his brother/defendant No.1 - Interest of a Hindu male in Mitakshara coparcenary property can be bequeathed or capable of being disposed of by him by a testamentary disposition i.e by way of bequest under a Will - Trial Court committed error in..........
Hindu Marriage Act, 1955, Section 13(1)(i), (ia), (ib) -- Divorce - Cruelty, desertion and adultery - Petition by husband - Husband and witnesses on his behalf failed to prove adultery by wife - Cruelty as alleged by husband also not proved, on the contrary ground of cruelty as alleged by wife by way of demand of dowry, same was compromised - Ground of desertion also not..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Merely because wife is residing in her parental house since last 17 years, by itself cannot be a ground for dissolution of marriage, unless factum of desertion is proved and animus decidendi is also established - Decree of divorce set aside...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Divorce petition - Proposed amendment sought by husband is not likely to change nature of relief originally claimed in suit - Both the reliefs i.e originally claimed in suit and now in proposed amendment are founded on ground specified u/ss 10, 13(1) of Hindu Marriage Act - No apparent conflict shown if..........
Hindu Marriage Act, 1955, Section 13(2)(iv) -- Marriage performed when wife was just 13 years of age - Marriage repudiated when wife was more than 15 years but less than 18 years - Provision of S.13(2)(iv) of the Act, squarely applies to her case - No evidence led by husband except denying date of birth of wife and muklawa ceremony which cannot be given credence over and..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Couple has solemnized their second marriage and relations of both the sides have become miserably hostile to each other - Even conjugal relationship have ceased, both are apprehending threat to each other's life from other side - Fiduciary relations and mutual trust basics of wedlock..........
Hindu Succession Act, 1956, Section 30 -- Joint Hindu Family Property - Interest of a male Hindu in Mitakshara coparcenary property can be disposed of by him by Will or any other testamentary disposition - Claim of plaintiff to independent share as a member of family in joint family properties is without substance for the reason that plaintiffs have no independent share in..........
Hindu Marriage Act, 1955, Section 13(1)(i), 13(1)(ib), 12 -- Forced marriage - Divorce petition by husband - Plea of husband that he was compelled to marry at gun point - Not tenable as petition is filed u/ss 13(1)(i) & 13(1)(ib) and not under S.12 of the Act - Moreover, male child has been born out of the wedlock hence, allegation of forced marriage loses its relevance -..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Petition by wife - Husband is ready and willing for dissolution of his marriage with wife on the condition that she would not ask to pay amount towards permanent alimony or towards maintenance pendente lite - Wife on the other hand also stated that she would not claim either maintenance pendente lite, permanent alimony or..........
Hindu Succession Act, 1956, Section 8 -- Succession - If property has devolved upon heirs after coming in effect of Act, in accordance with S.8 of the Act, same is not ancestral property in the hands of recipients rather it is their individual property...........
