Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Non-disclosure of true income by husband - Keeping in view income tax returns, machinery deployed and number of workmen engaged by husband, inference can be drawn that income tax returns do not truthfully reveal his income - Monthly income generated by husband under no circumstances can be less than..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Object - Providing maintenance to spouse during pendency of matrimonial proceedings, so that spouse can maintain herself/himself and have sufficient funds to carry on litigation and do not suffer in conduct of the case for want of funds...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Spouse unable to maintain himself/herself is entitled to maintenance on principle of equi-status and respect, as that spouse would have enjoyed if he/she continued to live with each other...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Provision u/s 24 of the Act are beneficent in nature - Court has to exercise its power not only out of compassion but also by way of judicial duty so that indigent spouse may not suffer at instance of affluent spouse...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Where parties do not come forward with there exact income, Court has no alternative but to apply its guess work...........
Hindu Adoptions and Maintenance Act, 1956, Section 4 -- Overriding effect - Adoption took place in 1980 - Provisions of `Duttak Chandrika and Duttak Mimansa' have no application, as S.4 of the Act has an overriding effect on earlier text of Hind Law relating to adoption...........
Hindu Adoptions and Maintenance Act, 1956, Section 10 -- Adoption - There is no condition either u/s 10 or any other provision of the Act that only son or daughter's son cannot be given in adoption. (Para10)..........
Hindu Adoptions and Maintenance Act, 1956, Section 11, 12 -- Adoption of minor son by his maternal grandmother - Ceremonies of adoption duly performed in presence of 25 persons - Consent of natural mother for giving her minor son in adoption and ceremonies of adoption proved - Even actual giving of adoptee by his natural father and mother in adoption was proved - Adoption..........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Registered adoption deed - Presumption - Adoption deed registered, as such it cannot be said that it was procured subsequently in back date - Due execution of adoption deed proved by witnesses - Even adoption was published in the newspaper - Mere no, signing of adoption deed by natural mother, does not affect the..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Term cruelty is a mixed question of law and fact - `Cruelty' for the purpose of divorce should be of such a nature that parties cannot reasonably be expected to live together and situation must be so grave that wronged spouse cannot be reasonably expected to put up with the wrong doer spouse - Intention to..........
