Hindu Marriage Act, 1955, Section 26, Guardians and Wards Act, 1890, Section 19, Hindu Minority and Guardianship Act, 1956, Section 13 -- Custody of Child - Finance cannot be reason for change of custody...........
Hindu Marriage Act, 1955, Section 26, Guardians and Wards Act, 1890, Section 19, Hindu Minority and Guardianship Act, 1956, Section 13 -- Custody of Child - Mother re-married - Family Court changed custody of child from mother to father - Held, it is found that minor boy is happy and comfortable in his present surroundings viz, with mother - Therefore, any alteration of..........
Hindu Marriage Act, 1955, Section 26, Guardians and Wards Act, 1890, Section 19, Hindu Minority and Guardianship Act, 1956, Section 13 -- Custody of Child - Mother re-married - Family Court changed custody of child from mother to father - Presumption of Family Court that boy will be comfortable with his father in adolescent age does not have any basis and such generalised..........
Civil Procedure Code, 1908, Order 1, Rule 10, Hindu Succession Act, 1956, Section 6 -- Impleadment of daughters - Partition suit - Father died in 1970 before amendment in S.6 of Hindu Succession Act - Daughters thus, had no right or legal interest in suit property - They are neither necessary nor a proper party in suit - Impugned order of impleading daughters in partition..........
Hindu Law -- Ancestral property - Alienation by Karta for legal necessity - Once it was held that sale of suit property was made by Karta and it was made for legal necessity and benefit of family, same was binding on all members of family including plaintiffs/sisters...........
Hindu Adoptions and Maintenance Act, 1956, Section 12(b) -- Adoption - Right to property - There is no bar in creating obligation even after the adoption inasmuch as if the property is lawfully vested before adoption hence, right to enjoy vested property shall continue even after adoption...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Parties entered into compromise - Since parties have separated from each other over a long period of time, statutory period of 6 months is hereby dispensed with - Marriage solemnized between parties held, dissolved...........
Will -- Proof - None of attesting witnesses was available for examination in Court - Certified copy of Will does not bear signature/thumb impression of testator or attesting witnesses - Plaintiff examined the witnesses to prove signatures of attesting witnesses on entry made in register of Scribe of Will - However, plaintiff did not examine a witness to prove that..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Filing of criminal complaint against husband in which he had to undergo judicial custody of 111 days but resulting in acquittal amounts to mental cruelty to husband and itself sufficient to dissolve marriage between parties, as husband being employed in Armed Forces and his reputation..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - No specific incidents, dates or particulars of cruelty, harshness or unusual temperament, detailed in divorce petition - Husband failed to provide necessary particulars in terms of R.7 of Hindu Marriage Rules - Mere sweeping allegations are made in pleadings and in affidavit leading..........
