Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband is gainfully employed - Two options were given to husband i.e first option is to make payment to Rs.10 lakhs to wife as one time permanent alimony or the second option is to make payment of Rs.5 lakhs to wife as alimony and amount of Rs.5,000 p.m as monthly maintenance - Marriage between parties stands..........
Hindu Marriage Act, 1955, Section 13(1)(i), 13(1)(ib) -- Divorce - Adultery - Desertion - Petition by husband - Wife herself admitted that she lived at her matrimonial home only for 7 days - She lived at her paternal home for a long time during which a child was also born, when there appeared to be no connection between both parties - Refusal of wife for DNA test goes..........
Civil Procedure Code, 1908, Section 25, Hindu Marriage Act, 1955, Section 13(1) -- Transfer of divorce petition - Husband filed divorce petition at Ahmedabad (Gujarat) - Wife residing at Rajasthan - Distance between Ahmedabad and Rajasthan is about 200 kms and it is very difficult for wife to travel such a long distance - Moreover, husband already appearing in Rajasthan in..........
Hindu Adoptions and Maintenance Act, 1956, Section 19, 20 -- Maintenance to child - Self acquired property - Child born out of void or voidable marriage can not claim inheritance in ancestral coparcenary property but is entitled to claim share in self acquired property...........
Hindu Marriage Act, 1955, Section 19 -- Maintenance - Widow daughter-i, law - Maintainability of application - Specific pleadings and proof by petitioner that she is Hindu and governed by Hindu Law is essential for claiming relief u/s 19 of the Act - Omission of pleadings by parties regarding applicability of Hindu Law, would render the application not maintainable...........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Adultery - Wife was caught red handed in her bed room with respondent no.2 - Statements of PWs are on record supporting said fact, which is further corroborated by testimony of independent witness - There is no serious opposition on record by wife to said illicit relationship of wife with respondent no.2, rather..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Compromise - First motion statement on behalf of husband has already been recorded and recording of second motion statement is rejected by trial Court without recording any reason as it was to be recorded by Special Power of Attorney of husband - Wife has no objection in case statement of Special Power of..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Threat to commit suicide - Solitary instance of threat to commit suicide in hot talks with husband - Such spontaneous statement is quite obvious during course of minor quarrels but by no stretch of imagination can be termed and treated as cruelty sufficient to annul marriage...........
Hindu Marriage Act, 1955, Section 13(1)(ia)(ib) -- Divorce - Ground of cruelty and desertion - Wife preferred an application u/s 9 of the Act - This fact establishes that wife is interested in maintaining the marriage...........
Hindu Succession Act, 1956, Section 6(1)(as -- Two - expressions appearing in the proviso to S.6(1) of the Act are: (i) disposition; and (ii) alienation...........
