Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Vague pleas - Divorce cannot be granted on ground of cruelty unless it is specifically pleaded with reliable evidence - Mere statement that cruelty was committed is not enough - Plea of husband that wife assaulted him with kick on private part - Husband neither stated specific date and time of such incident nor..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Desertion - Plea that wife refused to cohabit with husband and frequently visit her parental house without information - Period of frequent visits not specifically stated by husband - Wife not only having marital relationship with husband but also conceived pregnancy twice and gave birth to a child - Suit filed after one year..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for partition and separate possession - New plea raised u/s 14 of Hindu Succession Act, 1956 by plaintiff that mother is full-fledged owner of suit property - It is mixed question of law and fact - Such issues cannot be allowed to be raised for first time in second appeal - Appeal dismissed...........
Hindu Succession Act, 1956, Section 14(1) -- Property acquired by Hindu female - Mutation entry in favour of Hindu female - No other document in her favour - Words `in any other manner whatsoever' are not sufficient to attract elements of acquisition by mutation entry u/s 14(1) of the Act - Said term needs to be construed and interpreted in context of partition or..........
Will -- Validity - Property of Hindu female - Property mutated in revenue record by son in favour of mother without executing any other document for transferring the suit land - On basis of mutation entry, it cannot be said that mother has acquired said property - Mutation entries are relevant only for collection of land revenue - Therefore, such mutation entry, cannot..........
Hindu Law -- Ancestral property - Sale for legal necessity by Karta - Once factum of existence of legal necessity stood proved, no coparcener has a right to challenge sale made by Karta...........
Hindu Law -- Ancestral property - Sale for legal necessity by Karta - Karta of family had every right to sell suit land belonging to family to discharge debt liability and spend some money to make improvement in agricultural land for maintenance of his family - Existence of legal necessity stood proved - Plaintiff being son of Karta was one of coparceners along with his..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband alleges that wife used to mix some powder given by tantric in his food - However, husband himself admitted in his cross-examination that wife never cooked food for him - Allegation not proved - Divorce petition rightly dismissed...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife alleges that husband had illicit relationship with one lady working in his office and he left matrimonial home for this reason - Husband chose not to cross-examine her on this aspect - Wife also produced RW2 who corroborated her allegation against husband and husband not chose to..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Allegations against wife are vague in nature and husband could not prove these allegations - Husband cannot be allowed to take advantage of his own wrongs firstly by leaving house with an ulterior motive to enjoy life without performing his legal duties towards wife and his children..........
