Hindu Succession Act, 1956, Section 6 - - Coparcenary property - Father died intestate leaving behind his widow and four sons - On his death S.6 proviso of Act would apply - Equally upon application of S.6 Explanation 1 of Act, a partition must be said to have been effected by operation of law immediately prior to death...........
Hindu Law -- Joint family property - Partition - Father died in 1973 leaving behind his widow and four sons - Ancestral property in the hands of father and other coparceners, devolved by succession u/s 8 of Hindu Succession Act and thus, ceased to be joint family property on the death of father - Widow and other co-parceners held the property as tenants in common and not..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiving of waiting period of six months - Divorce petition converted into a petition u/s 13-B of the Act to seek divorce by mutual consent - Waiting period already elapsed during pendency of original proceedings - Statutory period of waiting of six months waived...........
Civil Procedure Code, 1908, Order 11, Rule 14, Hindu Marriage Act, 1955, Section 13 -- Summoning of medical record - Divorce proceedings - Proposed medical record of wife is summoned from Hospital in order to prove cruelty and mental harassment on part of wife - Before necessary permission to summon medical record is accorded to husband, trial Court has permitted wife to..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - While granting maintenance pendente lite, Court is under legal obligation to evaluate the income of parties, as provision of S.24 of Act is beneficial in nature and such power is exercised by Court not only out of compassion but by way of judicial duty so that indigent spouse should not suffer...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Husband admitted his income to be Rs.15,000/- - Grant of one third of income is sufficient for maintenance allowance keeping in view the status of parties - Maintenance pendente lite enhanced from Rs.2,000/- to Rs.5,000/-...........
Evidence Act, 1872, Section 65A, 65B, Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Recording of statement of a party by video conferencing through Skype - Family Courts are justified in seeking the assistance of any practicing lawyer to provide the necessary Skype facility in any particular case - By using the Skype technology parties can not only..........
Evidence Act, 1872, Section 65A, 65B, Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Where a witness or a party requests that evidence of a witness may be recorded through video-conferencing, Court should be liberal in granting such a prayer in order to save time and avoid delay - Court should take pragmatic view...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Word `after hearing the parties' used in S.13-B(2) of Act does not necessarily mean that both parties have to be examined...........
Hindu Marriage Act, 1955, Section 13B, Civil Procedure Code, 1908, Order 18, Rule 4(3) -- Divorce by mutual consent - Recording of statement through Video conferencing - Presence in Court - Does not necessarily mean physical presence - Rule 4(3) provides for recording evidence either by writing or mechanically in presence of the Judge...........
