Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Parties entered into an agreement/MOU for dissolution of their marriage with consent - Pursuant thereto petition for divorce by mutual consent filed - After waiting period of six months wife did not appear - Petition dismissed - Appeal against - Divorce by mutual consent granted by holding that (a)..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Wife if tries to implicate husband and parents-in-law in criminal proceedings on the basis of unfounded and exaggerated allegations, then it can be assumed that she is committing cruelty towards them...........
Hindu Adoptions and Maintenance Act, 1956, Section 11 -- Adoption - Proof of date of birth - Date of birth noted in a private school, is not a valid proof of date of birth unless the person who gave the date or made the entry is examined...........
Hindu Adoptions and Maintenance Act, 1956, Section 11 -- Adoption - Date of birth certificate - Can be used to prove the date of birth of a child or a person - It cannot be used as proof of adoption...........
Hindu Adoptions and Maintenance Act, 1956, Section 11 -- Adoption - Progress report of school - Cannot be accepted as piece of evidence to prove adoption...........
Hindu Marriage Act, 1955, Section 26, Constitution of India, 1950, Article 226 -- Custody of minor child - Application pending before family Court u/s 26 of HMA, 1955 - Writ of habeas corpus by father - When application is pending before family Court, any issue raised in the proceedings is to be decided by such Court in accordance with law - However, there is no occasion..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Filing of false complaint against husband by wife - Wife filed a criminal case against husband making allegation of demand of dowry and performance of second marriage - However, second marriage of husband not proved and criminal complaint alleging commission of cruelty and demand of dowry also..........
Hindu Succession Act, 1956, Section 14(2) -- Will - Husband executed a Will in favour of his wife of his self acquired property by giving her life interest - Such life interest neither enlarged nor ripened into an absolute interest in the suit house and remained a life interest i.e restricted estate till the death of wife u/s 14(2) of the Act - Case of wife falls u/s 14(2)..........
Hindu Minority and Guardianship Act, 1956, Section 6, Guardians and Wards Act, 1890, Section 25 -- Custody of child given to mother with visitation rights to father - Validity - Serious allegations were made against mother by father - However, since father not appeared rather no evidence led by him before trial Court, there being no rebuttal to evidence led by mother,..........
Hindu Marriage Act, 1955, Section 13B -- Setting aside decree of divorce by mutual consent - One of the requirements that parties are residing separately for at least a period of one year preceding the institution of petition - In the instant case it stands established that at the time of first motion parties were not living separately for one year - At the time of second..........
