Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17, Hindu Marriage Act, 1955, Section 13 -- Ex parte decree of divorce - Setting aside - Service of summons through publication - Summons when received back with endorsement `unclaimed' Court without resorting to provision of O.5.R.17 which provides service by affixation resorted to..........
Hindu Adoptions and Maintenance Act, 1956, Section 6 -- Valid adoption - Mere proof of giving and taking is sufficient to prove a valid adoption unless and until it is rebutted - When adoption is ancient and had taken place long prior to challenge, heavy burden lies upon person who challenges the adoption to disprove the same...........
Hindu Adoptions and Maintenance Act, 1956, Section 6, 11 -- Valid adoption - Datta Homam (customary ceremony) is not essential to validity of adoption if valid requisites and conditions u/ss 6 & 11 of Act are complied with then adoption is deemed to be valid adoption...........
Hindu Adoptions and Maintenance Act, 1956, Section 12 -- Adoption - Right of adoptee - Adopted son would be entitled to properties of his adoptive father in absence of any testamentary disposition in respect of suit property u/s 12 of Act...........
Hindu Law -- Partition - Plaintiffs contended that suit property is Undivided Hindu joint Family Property while defendants contended that partition took place between father of defendant No.1 and husband of plaintiff No.1 under a registered partition deed - However, defendants failed to examine the attestors and scribe of the document to prove execution of partition deed..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Second marriage by wife during subsistence of her first marriage - Claim of maintenance from second husband - Second marriage is void u/s 11 of Hindu Marriage Act - There is no dispute between parties as regards the existence or validity of first marriage of wife - Second husband not required to seek formal..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 12(1)(a) -- Maintenance - When marriage is annulled or declared null and void due to some mischief or wrong committed by husband, he will have to pay maintenance u/s 125 of Cr.P.C. despite declaration of nullity or annulment of marriage...........
Indian Penal Code, 1860, Section 494 -- Bigamy - Prosecution alleges that second marriage has been solemnized by applicant during subsistence of first marriage - No evidence on record that applicant ever performed a second marriage in accordance with customary rites so as to attract S.17 of Hindu Marriage Act, offence of which punishable u/s 494 IPC - Prosecution failed to..........
Transfer of Property Act, 1882, Section 122, 123 -- Gift of immovable property - Transfer of possession - Held, transfer of possession of property covered by registered instrument of gift duly signed by donor and attested as required is not sine qua non for making of valid gift under provisions of T.P. Act, 1882 - S.123 of the Act supersedes rules of Hindu Law insofar as..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by husband - Husband made genuine attempts so that wife joins his society but it is only on account of her adamant attitude, his attempts proved abortive - Wife also admitted that her husband sent notice requiring her to join him and to lead a happy marital life but she is not willing to stay..........
