Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Legally wedded wife - Marriage between husband and wife not legal as per Hindu Marriage Act, as husband entered into a `Sagai Vivah' with wife - Even both husband and wife are previously married and entered into a customary divorce, which is also not legal - Thereafter both entering into relationship with..........
Hindu Law -- Coparcenary property - Adoptive son takes a legal birth in the adoptive family at the time of his adoption and accordingly gets a right in property of his adoptive father as much as a natural born son...........
Hindu Law -- Joint family property - Partition - It is not necessary for coparcener to seek a specific declaration for setting aside alienation affected by another coparcener in favour of third party...........
Hindu Law -- Joint family property - Deceased was sole surviving coparcener of joint Hindu Family at the time of adoption of defendant No.1 - Upon adoption defendant No.1 got a right in the property of his adoptive father/deceased - Property in the hands of defendant No.1 is a joint family property - Plaintiffs being children of defendant No.1 upon birth acquired rights in..........
Hindu Law -- Joint family property - Alienation - Legal necessity - It is a mixed question of law and facts - Burden of proving such legal necessity is upon purchaser and his predecessor...........
Hindu Law -- Joint family property - Alienation - Bona fide purchaser - Purchaser was maternal uncle of coparcener - He admittedly knew the plaintiffs and their relation with coparcener at the time of execution of sale deed - Possession of wife of coparcener over suit property is proved and such possession amounted to constructive notice of rights of plaintiffs being her..........
Hindu Marriage Act, 1955, Section 5, 11, Specific Relief Act, 1963, Section 34 -- Legally wedded wife - Suit for declaration - Marriage between plaintiff and deceased solemnized during the subsistence of first wife of deceased - Second marriage not valid as per Hindu law - Solemnization of marriage between plaintiff and deceased again after death of first wife of deceased..........
Hindu Law -- Partition suit - Joint family property - A prima facie material should be placed by the parties to indicate that it is their family property held jointly and available for partition - Mere acceptance or denial of contesting parties is not sufficient to decide claim unless there is prima facie material to show contesting parties are owners of properties in..........
Hindu Law -- Partition suit - Joint family property - Property held by female member cannot be treated as joint family property, particularly, when there is no proof to show that said property was held on behalf of other family members and property was purchased in her name out of joint family income - Said property is absolute and exclusive property of female member and..........
Hindu Succession Act, 1956, Section 15(2)(b) -- Issueless widow inheriting property from husband - Unregistered compromise decree in favour of sister's son is illegal - Property reverts back to husband's heirs...........
