Hindu Succession Act, 1956, Section 6, 29A(Andhra -- Right of daughter - Partition - Property originally belonged to grandfather of plaintiff and it was his self acquired property - Self acquired property of grandfather of plaintiff which defendant no.1/ father of plaintiff succeeded though ancestral property but not coparcenry property, thus declared as his separate..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Long time of separation - Amounts to cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Parties living separately for 14 years - No possibility of reunion of the parties to live together - Since marriage has irretrievably broken down, any attempt to force the parties to live together would tantamount to causing mental cruelty and would only prolong the mental agony of the parties for the rest of their..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Accusation by one spouse against character of other spouse by making false, malicious unproved accusations either in pleadings or by way of making complaints to various authorities constitute mental cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia), 9 -- Divorce - Mental cruelty - Restitution of conjugal rights - Accusation of adulterous relations between husband and jethani, has disastrous effect on husband to the extent that he has to leave his village and has to settle in Rajasthan to save matrimonial life of his own brother - Such type of aspersion has deleterious..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Wife left matrimonial home for her delivery and went to her parent's home - No complaint of any physical violence, harassment of dowry demand or any other reason compelling her to leave matrimonial home was made by her after leaving matrimonial home - Petition seeking restitution of conjugal rights..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Parties living separately for nearly 14 years - In case of irretrievable break down of marriage, any attempt to force the parties to live together would tantamount to causing mental cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Irretrievable breakdown of marriage - Parties living separately for about 14 years - Long time separation itself leads to mental cruelty - Therefore, irrespective of the fact that wife has failed to prove mental cruelty, she is entitled to a decree of divorce on sole reason that there is no possibility for..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Desertion - A long and continuous separation without any attempt to reconcile gives rise to the presumption that a spouse has deserted the other forever...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Duty of Court - In case of divorce petition, the Court of first instance must make every effort for couple's reunion - But once its efforts do not fructify, it is always desirable for warring spouses to get separated and lead their respective lives in peace, rather than being forced to live together in an unhappy and..........
