Hindu Law -- Joint family property - Where a person used to get income from ancestral property and same was utilized by him for the construction of building i.e the suit property, it amounts to putting the said property in hotchpot of joint family property...........
Hindu Marriage Act, 1955, Section 7 -- Validity of marriage - Saptpadi ceremony - Unless it is established that Saptpadi ceremony was part of ceremonies to be performed by one of parties as per their customs, no, performance of Saptpadi ceremony does not affect the marriage performed by parties...........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Even if parties had not lived together as husband and wife after marriage, even then wife has every right to seek remedy of restitution of conjugal rights as legally wedded wife of appellant/husband by invoking provisions of S.9 of Act...........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Validity of marriage - No substantial pleading that marriage was not performed in accordance with customary rites and ceremonies - There is also no plea on the part of husband that Saptpadi was one of rites and ceremonies to be performed as per custom of husband or wife - Marriage held proved to..........
Hindu Marriage Act, 1955, Section 11, 12 -- Void marriage - Even if marriage has been solemnized between a bride who is less than 18 years and a bridegroom aged less than 21 years, it cannot be held to be void marriage under Hindu Marriage Act...........
Hindu Succession Act, 1956, Section 8 -- Coparcenary property - Partition - After partition in Hindu family, the property fallen to the share of one of the coparceners becomes his separate property - In case of death of such a Hindu male, intestate, the property fallen to his share devolves through succession in favour of his Class-I heirs...........
Hindu Succession Act, 1956, Section 8 -- Coparcenary property - Whenever, a Hindu male who is a member of coparcenary dies before any partition in family, his interest in coparcenary property would devolve by survivorship on other coparceners and not by succession u/s 6 of Hindu Succession Act...........
Transfer of Property Act, 1882, Section 123 -- Gift - deed executed by wife of a Hindu male dying intestate belonging to Mitakshara, in respect of separate property of her husband exclusively to her daughters is void as such property devolves by succession in favour of Class-I heirs of Hindu male u/s 8 of Hindu Succession Act...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Wife attending late night parties and socializing - Socializing to some extent in present society is permissible - As there is no evidence that on particular date wife was drunk or had excess liquor - Husband on the other hand also in the habit of enjoying parties and in the nature of socializing -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Husband alleges that his wife frequently visited his office and created scenes in the office - Evidence on record shows that due to litigation between parties, wife interested to know the income of husband so that she can claim maintenance - It is possible that wife misbehaved in the office but..........
