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...........
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...........
