Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Adoption deed - Validity - Natural guardians of adoptee did not sign the adoption deed as executant's thereof but appended their signatures thereto as attesting witnesses - This is merely a technicality and adoption deed duly registered could not be declared invalid, particularly when other persons also signed the..........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Adoption - Suit for declaration that adoption deed in question is void, illegal and inoperative in law - Adoption deed is duly registered - A declaratory decree regarding validity of adoption was already taken by adoptee in his favour and adopting father had admitted factum of adoption - Concurrent findings of trial..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Wife/husband who suffered a decree of nullity is entitled to maintenance/permanent alimony u/s 25 of Act, as phrase `any decree' enumerated in S.25 of Act includes even decree of nullity u/s 12 of Hindu Marriage Act...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 6, Rule 4 -- Rejection of plaint - Non-disclosure of cause of action - Partition suit - Hindu undivided family property - Where a person claiming share in joint family, detailed facts as required U.O.6.R.4 CPC has to be specifically pleaded as to how and in what manner an HUF and each separate..........
Hindu Widow's Re-marriage Act, 1856, Section 2, Hindu Succession Act, 1956, Section 14 -- Remarriage of widow - Succession of property of deceased husband - Widow after her remarriage divested of any right, interest and title in property of her deceased husband in view of S.2 of 1856 Act - Since widow had no subsisting interest or estate in the property of her husband,..........
Hindu Widow's Re-marriage Act, 1856, Section 2, Hindu Succession Act, 1956, Section 14 -- Remarriage of widow - Succession of property of deceased husband - Widow remarried within three years from the date of death of her husband and their daughters were also married - No documentary evidence of widow's long continued possession much less possession under any semblance of..........
Hindu Law -- Co-parcenary property - Release deed - Validity - Where in the release deed share itself is released for the benefit of all other members of Joint Hindu Family and would have no claim or any other right in properties of Joint Hindu Family, said release deed is valid...........
Mysore Hindu Law Women's Rights Act, 1993, Section 4, Hindu Succession Act, 1956, Section 6 -- Partition - Female`s right to share - Succession to Hindu male dying intestate will vest only in widow u/s.4(1)(ii) of the Act to exclusion of daughters...........
Mysore Hindu Law Women's Rights Act, 1993, Section 8(1)(d) -- Partition - Plaintiff/unmarried daughter of deceased claiming share - Deceased left behind property partitioned in joint family property - S.8(1)(d) of the Act refers to property passing to single coparcener only by survivorship - S.8(1)(d) of the Act has no application in instant case - Plaintiff has no share..........
Mysore Hindu Law Women's Rights Act, 1993, Section 10(1)(g) -- `Stridhana' - Exclusion of unmarried daughters - Includes property taken by inheritance by female from her husband - Does not include inheritance by female from her father...........
