Hindu Succession Act, 1956, Section 14(2) -- Widow acquired right in property after commencement of Act by virtue of instrument i.e. Will dated 23.11.1962 - Case falls within purview of S.14(2) of the Act - Widow cannot be considered as absolute owner of property in question...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Relationship between parties deteriorated on account of arrogant attitude, indifferent behaviour and aggressive approach of wife - Wife shown her unwillingness to disclose her accurate age as she had not produced any record for her age - It was proved on record that wife had withdrawn herself from the..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Petition by husband on ground of cruelty and desertion - Plea that wife deserted him and started living with her parents for no reason - Plea of wife that she was beaten and turned out from matrimonial home - Husband miserably failed to prove desertion and cruelty against wife - On the contrary it was..........
Hindu Law -- Joint family property - Partition - Any co-owner may apply for partition at any time of an ancestral property - Death of earlier co-owner is not material...........
Hindu Succession Act, 1956, Section 6, Limitation Act, 1963, Section 3 -- Devolution of interest - Suit for administration and partition of estate of deceased - Limitation - Right to sue any of heirs and LR's of deceased father would accrue on the death of father - Plaintiff applied for partition more than a decade after death of his father when he learnt that defendant..........
Hindu Marriage Act, 1955, Section 11, 2 -- Nullity of marriage - Husband Parsi and wife Hindu - Provisions of Hindu Marriage Act are applicable when both spouses are Hindus and it does not apply to any party who is a Parsi, Jew, Christian or Muslim - Parsi husband cannot avail the provisions of the Act - It is also necessary that at the time of filing of petition, both the..........
Hindu Marriage Act, 1955, Section 11, 2 -- Nullity of marriage - Husband admitted that he got married to respondent in the year 1999 - Petition was filed before Family Court in 2011 - There is delay of 12 years and in between a baby boy was also born to parties out of said wedlock - No reason is pointed out by husband to show that what compelled him to suddenly realize..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Matter referred to Mediation Centre during pendency of appeal filed against dismissal of petition of husband for divorce - Parties amicably settled the matter - Petition u/s 13(1) of the Act converted into a petition u/s 13-B of the Act - Statement of parties recorded on 9.4.2014 and 10.10.2014 perused -..........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Earlier divorce petition on ground of cruelty withdrawn with permission to file fresh petition after properly verifying the petition - Ground of adultery not taken in earlier divorce petition - Allegations of cruelty pertain to period prior to filing of the earlier..........
Hindu Law -- Partition - Separate property - Partition has already been effected about 40-43 years ago - After the death of father of plaintiff her mother became absolute owner of separate property left by her father - In the capacity of an absolute owner of suit property sale deed executed by her was valid and genuine as she was possessed of property of her husband on..........
