Hindu Marriage Act, 1955, Section 25 -- Permanent Alimony - Divorce granted to parties - There are three grown up children out of the wedlock of parties - Wife granted permanent alimony of Rs.55 lakhs to enable her to get monthly income of Rs.40,000/- from interest on the said amount...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Impleadment of LRs of plaintiff - Plea of joint Hindu Family Property introduced by LRs in addition to challenge to alienation made by their father does not run contrary to pleas already set up by their father plaintiff - LRs cannot be foreclosed to introduce any other plea which becomes available to..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Willful refusal to fulfill matrimonial obligations in certain circumstances can also amount to cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Deprivation of company to husband and denial of enjoyment of married life is cruelty on physique and mind of husband - Divorce granted to husband...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion is the negation of living together which is the essence of matrimony - If it is unjustifiable, it constitutes a ground for matrimonial relief...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Wife took away her jewellery and articles and refused to come back in her matrimonial home and living separately for almost 4 years - Animus deserendi proved on her part - Divorce granted to husband...........
Civil Procedure Code, 1908, Order 7, Rule 11, Hindu Marriage Act, 1955, Section 13 -- Rejection of plaint - Divorce petition filed by wife in Indian Court - Cannot be rejected on the ground that husband had already obtained a decree of divorce from a Foreign Court, as it is not a ground for rejection of plaint - However, husband can raise plea of res judicata as one of..........
Hindu Marriage Act, 1955, Section 5 -- Customary form of marriage - Kudivaippu Marriage - Suit for partition - Under the Pristine Hindu Law, married daughters are not entitled to a share if their marriage was in Kudivaippu form after payment of streedhana to them at the time of their marriage - In the instant case, though defendants failed to prove the marriage of..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Divorce petition by husband alleging mental and physical cruelty on part of wife - Acts of cruelty stood condoned by husband and parties started living together - No evidence that wife caused any further cruelty to husband - Dismissal of divorce petition merely on basis of said fact, improper - Limited..........
Hindu Succession Act, 1956, Section 6(As - - Coparcenary property - Rights of daughters under the amended provision - Amended provision of S.6 of the act is retroactive in nature - Rights u/s 6(1)(b) and (c) are available to all daughters living on date of coming into force of Amendment Act i.e. 9.9.2005 though born prior to this date - Daughters born on or after this date..........
