Hindu Law -- Ancestral property - Once the property is received through any other mode except through succession, it looses its character of being ancestral...........
Hindu Law -- Self acquired property - Where property is self acquired property of father, sons and daughters even if acting as coparceners u/s 6 of Hindu Succession Act do not have any right in the same...........
Hindu Law -- Ancestral property - Partition - A coparcener cannot claim partition during lifetime of karta...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Appeal against decree - Decree of divorce by mutual consent is entirely different from a consent decree passed by a Civil Court in non matrimonial matters - When there is violation of formalities and requirement prescribed u/s 13-B of the Act or there is allegation of fraud, undue influence, coercion,..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Petition by husband - Husband contracting second marriage during subsistence of first marriage - Relief of divorce sought by husband cannot be granted to him as he disobeyed the law by contracting second marriage - Husband cannot be permitted to take advantage of his own wrongs - Petition rightly dismissed...........
Hindu Adoptions and Maintenance Act, 1956, Section 7 -- Proviso - Adoption by male Hindu - Without taking consent of wife - Validity - Consent of legally wedded wife is mandatory for taking adoption by male Hindu in case wife is not falling in excepted category of S.7 Proviso of the Act - In absence of same, adoption by male Hindu is invalid...........
Hindu Marriage Act, 1955, Section 16, 5, 11, Hindu Succession Act, 1956, Section 10 -- Second marriage during subsistence of first marriage - Children born from the wedlock with the second wife are entitled to a share of family pension and death-cum-retirement gratuity but second wife is not entitled to anything...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Cruelty - Wife used to make false allegations and also indulged in character assassination against husband - False case was also made against husband and his family members in which all of them were acquitted - Wife subjected husband to physical and mental cruelty as she used to misbehave and humiliate him in front..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Wife remained in the company of husband for few months and thereafter she went to her parents house and refused to come back - Wife joined husband in proceedings u/s 9 of the Act and again left his company without any cogent reason - Husband always ready and willing to keep the wife with him - It is the..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Adjustment of amount awarded u/s 125 Cr.P.C. against amount of maintenance as permanent alimony u/s 25 of Hindu Marriage Act is permissible - However, there cannot be thumb rule of its application in each and every case - Amount of Rs.10,000/- as permanent alimony was granted by family Court in addition to..........
