Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of written statement - Amendment sought to incorporate that petition u/s 9 of Hindu Marriage Act is not maintainable and Family Court has no jurisdiction to try the same - In the absence of any material on record, High Court unable to decipher as to whether trial has commenced when application for..........
Civil Procedure Code, 1908, Order 6, Rule 17, Hindu Marriage Act, 1955, Section 21 -- Amendment of plaint - Petition u/s 13 of Hindu Marriage Act - Amendment sought to incorporate certain facts which occurred during restitution of married life - Only subsequent events were brought by way of amendment - It cannot be said that these facts were in the knowledge of wife while..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 24, 26 -- Maintenance - Non-payment of maintenance amount to wife during pendency of appeal or during pendency of divorce petition - Amounts to cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia), 24, 26 -- Divorce - Cruelty - Dismissal of petition filed by wife - In appeal thereagainst husband did not pay maintenance pendente lite - Amounts to cruelty - Decree of divorce granted on this very ground without going into further details and other merits or demerits of the case...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Instances like wife not accompanying husband to attend social gathering, not sharing bedroom with him, not preparing food for family or finding excuses not to maintain sexual relations with him, visiting parent's house with children during their vacation or her relations visiting her in matrimonial home -..........
Hindu Marriage Act, 1955, Section 11, 5(i), 29(2) -- Second marriage during subsistence of first marriage - Petition by wife for declaring marriage as nullity - Plea of husband of customary divorce by mutual consent in Panchayat - Requirement of law in terms of S.29(2) of the Act not spelled out, nor particulars of custom and its enforcement and application in the area..........
Hindu Succession Act, 1956, Section 6(as -- Succession - Amended provision of S.6 of the Act applies prospectively and not retrospectively - Alienation of property prior to amendment cannot be challenged by daughter...........
Civil Procedure Code, 1908, Order 17, Rule 2, 3, Hindu Marriage Act, 1955, Section 13(1) -- Divorce - Evidence of wife closed when she failed to produce evidence inspite of grant of eight opportunities and more opportunity was granted subject to payment of costs of Rs.1,000/- - Taking a liberal view that divorce petition be adjudicated on merits in view of serious..........
Partition -- Inheritance of property from maternal ancestor - Can be ancestral property but it cannot be HUF property or joint Hindu Family property, as HUF never comes into existence on inheriting of property by a person from his maternal ancestor - A person under traditional Hindu Law of Joint Hindu Family had a right to a property which was inherited by a person from..........
Hindu Minority and Guardianship Act, 1956, Section 6 -- Child custody - Denial of visiting rights to father - Visitation rights cannot be denied to father, whatever be the background of case - Mother directed to produce the child in Family Court and permit the child to interact with father - It would be open to grandparents also to be present along with father - In view of..........
