Hindu Law -- Claim of joint ownership and joint possession - Ancestors of plaintiffs do not belong to one family but three different families having three different castes - Joint possession of plaintiff cannot be accepted...........
Hindu Marriage Act, 1955, Section 13, 12(1)(c) -- Divorce - Fraud by husband - Consent of wife for the purpose of marriage was obtained by fraud, considering husband as qualified doctor - Evidence on record shows that husband was not having any qualification beyond intermediate - Name of husband in Ration card described as `Dr' - Even in matrimonial advertisement in..........
Hindu Marriage Act, 1955, Section 29(2) -- Divorce by custom - An agreement executed whereby wife gave consent to her husband to contract second marriage and further stated that there would be no relation of husband and wife but not stating that marriage was dissolved - Held, this document must be taken as an instrument that would have given protection against husband for..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Petition by husband - Subsequent events which are established on the basis of no, disputed material brought on record can be taken into consideration...........
Hindu Marriage Act, 1955, Section 13(1)(ia)(ib) -- Divorce sought on the ground of desertion - Desertion not proved - Petition also contained allegations of mental cruelty, but decree not sought on ground of cruelty - Divorce granted on ground of mental cruelty which was perceptible from material on record by invoking powers u/art. 142 of Constitution of India...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - For the offence of desertion so far as the deserting spouse is concerned, two essential conditions must be there (1) the factum of separation, and (2) the intention to bring cohabitation permanently to an end (animus deserendi) - Similarly two elements are essential so far as the deserted spouse is..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Continuous desertion for a period of not less than two years - Petition filed in the year 2001 - In between husband lived with wife for two days - No definite conclusion can be reached that wife deserted husband with intention to bring matrimonial relationship to an end and further period of two years was..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Mental cruelty - Mental cruelty and its effect cannot be stated with arithmetical exactitude - It varies from individual to individual, from society to society and also depends on the status of the persons - What would be a mental cruelty in the life of two individuals belonging to particular strata of the society may not..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Divorce granted to husband on following grounds: (a) False allegations against husband by wife u/s.498-A IPC and his relatives also dragged into controversy (b) Husband & his parents are ignored in the naming ceremony of the son; (c) Husband comes to learn from others that wife had gone to Gulbarga..........
Hindu Marriage Act, 1955, Section 25 -- Maintenance - Divorce between husband and wife - Minor child aged 16 years living with mother - Although mother is earning but that does not mean that father should absolve his liability - Regard being had to social status and strata and concept of effective availing of education a sum of Rs.25 lakhs fixed towards maintenance and..........
