Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband himself is the wrongdoer who made several phone calls to his aunt's daughter and sent 200 to 300 text messages during off hours, compelled his aunt's daughter much to her resistance with an intention to marry her when marriage between him and wife was subsisting - For having..........
Hindu Succession Act, 1956, Section 30 -- Testamentary succession - Ancestral property - Will by Hindu male bequeathing property - A Hindu male can dispose of ancestral property by Will beyond his share...........
Hindu Marriage Act, 1955, Section 5(iv), 11 -- Void marriage - Degrees of prohibited relationship - Petition by husband - Validity of marriage questioned by husband after leading marital life for more than 25 years, that too after giving birth to three children - Moreover, custom prevailing in community of parties permits such a marriage and both husband and wife consented..........
Civil Procedure Code, 1908, Section 92, 93, Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, Section 5(e) -- Ss.92, 93 of the Code not applicable to Hindu Religious Institutions and Endowments as per S.5(e) of Act of 1959...........
Civil Procedure Code, 1908, Section 92, 93, Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, Section 5(e) -- Suit for possession of trust properties - Maintainability - Institution in question is a Hindu religious institution and endowment, having regard to duties discharged by it and intentions of propounder of trust - Temples were established for..........
Guardians and Wards Act, 1890, Section 7, 9, 12, 13, 17, 25, Hindu Minority and Guardianship Act, 1956, Section 6 -- Custody of child - Paramount consideration is the welfare of minor child and not statutory rights of parents...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Grant of maintenance pendente lite is not aimed to enrich any of spouse, rather the same is made to prevent destitution and vagrancies...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Though respondent/wife is proved to have evocation of beauty parlour, still upbringment of minor children would require healthy amount in these days - Particularly when both the children are studying - Respondent entitled to live as per status of her husband - Award of Rs.10,000/- towards maintenance..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Petition filed under wrong provision of law - Husband filed reply to the divorce petition and stated that he has no objection if divorce petition is accepted - Court dismissed divorce petition by holding that matter is being contested by both the parties in a collusive manner to obtain decree of divorce..........
Hindu Succession Act, 1956, Section 6(as -- Right of daughter to coparcenary property - - Amendment to S.6 of the Act is prospective in nature - Properties sold by father and brothers before amendment is exempted from said amendment...........
