Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by husband - Wife stayed at her matrimonial home for about 15 days as she was mal-treated, harassed and black magic applied on her by husband and her i, laws - She became apprehensive of being unsafe in her matrimonial home which caused her to live separately - No report of cruelty and demand..........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Waiving of 6 months period - Family Court has no power to waive period of six months prescribed in S.13B(2) of Act and allow the parties to make the motion before expiry of said period...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Deserting spouse - Two essential conditions are : (i) the factum of separation and (ii) the intention to bring co-habitation permanently to an end, animus deserendi - Similarly, two elements are essential so far as the deserted spouse is concerned, viz., (i) the absence of consent and (ii) the absence of conduct..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Burden of proof is on the petitioner - Even if deserting spouse does not prove just cause for living apart, deserted spouse had still to satisfy Court that desertion was without cause...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Words `not less than two years' - Suggests that this is the minimum requirement for presentation of petition on the ground of desertion but no maximum period has been laid down within which petition must be presented - It is for the deserted spouse to determine the period after which she should seek a..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Delay in institution of petition - It is a question of fact - Lapse of time in presentation of cases falling u/s 13(1)(ib) of Act cannot necessarily be taken as unnecessary or improper delay...........
Hindu Marriage Act, 1955, Section 13(1)(ib), 23 -- Divorce - Desertion - Delay in filing petition - There was no unnecessary and improper delay by wife in filing petition for divorce - Wife conclusively established the ground of desertion through her evidence which is unrebutted on record - Family Court committed error by concluding that in view of provision of S.23 of Act..........
Hindu Marriage Act, 1955, Section 13(1), 13B -- Divorce - Petition u/s 13(1) of Act cannot be converted to be one u/s 13-B of Act - A new petition u/s 13-B of Act is required to be filed before District Court...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - An application for divorce by mutual consent u/s 13B of Act being an original application could only be filed before District Court...........
Hindu Law -- Joint family property - Claim of joint ownership and joint possession - Plaintiffs are required to plead and prove the same and said fact should be reflected in plaint itself...........
