Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Non payment despite order passed by High Court to pay arrears within a specified time or by a particular date - Court can proceed to initiate contempt proceedings against respondent...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Non-payment by husband inspite of Court directions - Amounts to `wrong' u/s 23 of the Act, leading to conclusion that husband is taking advantage of his own wrong disentitling him relief of divorce as claimed by him u/s 13 of Hindu Marriage Act...........
Hindu Marriage Act, 1955, Section 24, Civil Procedure Code, 1908, Order 8, Rule 1 -- Divorce petition filed by husband - Filing of written statement before disposal of application filed by wife u/s 24 of Hindu Marriage Act - Wife appeared in the case but written statement not filed for four years - Wife already received litigation expenses as well as costs - Appeal against..........
Hindu Law -- Co-parcenary property - Gift by co-parcenar - Validity - Co-parcener has no right to execute a gift deed in respect of her undivided interest in co-parcenary property, as gift of co-parcenary property is void...........
Hindu Marriage Act, 1955, Section 15, 28 -- Decree of divorce in favour of husband - Husband remarrying before expiry of limitation to file appeal - While holding that there is no merit in appeal filed by wife, husband burdened with costs of Rs.1,00,000/- payable to wife, on ground of errant conduct of husband. Paras 7 to 9)..........
Custom -- Valid custom - Ingredients necessary to establish a valid custom are : (a) Continuity; (b) Certainty; (c) Long usage; and (d) reasonability. (Hindu Adoptions and Maintenance Act, 1956, S.3(a)...........
Hindu Adoptions and Maintenance Act, 1956, Section 10, Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Customary adoption - Pleading and proof - Custom of adoption of married sons in community of appellant - Appellant failed to plead in his written statement about existence of any custom as such - Parties to a suit are always governed by their pleadings - Any amount of..........
Hindu Adoptions and Maintenance Act, 1956, Section 10 -- Customary adoption - Custom of adoption of married sons in community of appellant, as contended by him not proved - Lots of contradictions in evidence of witnesses on all material aspects of adoption on record - Appellant in fact failed to prove and plead factum of adoption, as he failed to explain circumstances as..........
Hindu Law -- Joint Hindu family - Right of a person to claim to be a member of Hindu Joint Family or coparcener is founded on right of succession to joint family properties - But there is no bar to claim to be an ordinary member of a family - Strangers to family who are brought up by original owner treating them as his children, become members of family of original owner,..........
Hindu Succession Act, 1956, Section 14 -- Property of Hindu female - Property settled absolutely in favour of Hindu female under Settlement deed through her mother - Settlement deed executed prior to coming into force of 1956 Act - After coming into force of said Act, suit property settled in favour of Hindu female under settlement deed, even if it is construed as life..........
