Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by husband - No evidence led by husband that a decree of conjugal rights could be passed in his favour yet trial Court proceeded to grant a decree for restitution of conjugal rights - Even issues were not framed, which assumes significance especially when wife had not even admitted claim of..........
Hindu Law -- Joint Family Property or coparcenary property - Person who claims a particular property to be joint Family Property or Coparcenary has to establish his plea by leading evidence - Nature of suit property to be joint Hindu Family Coparcenary Property cannot be decided on the basis of admission made by a contesting party or any other party to litigation...........
Hindu Law -- Joint Family Property or co-parcenary property - Plaintiff contended that property in question purchased in the joint names of defendants from funds of co-parcenary property in the hands of father of defendants - However, defendant No.2 never stated that sale consideration in respect of land purchased in his name was paid by his father - Statement of..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife is residing with his in-laws with her two minor children and husband is not living with his parents - Husband disowned by his parents, because he performed ring ceremony with one girl - Father-in-law maintained wife and her two children - Statements of parents of husband..........
Hindu Law -- Ancestral property - Succession - Prior to Commencement of Hindu Succession Act - Succession opened in 1951 on the death of great grandfather of plaintiff - Nature of property inherited by his son i.e grandfather of plaintiff was co-parcenary in nature - Even though grandfather of plaintiff had effected a partition of co-parcenary property amongst his sons in..........
Hindu Adoptions and Maintenance Act, 1956, Section 18, Criminal Procedure Code, 1973, Section 125 -- Maintenance u/s 18 of Act of 1956 - Wife cannot be non suited on the ground that she already availed remedy u/s 125 Cr.P.C. - Neither provision of S.125 Cr.P.C. nor provision of S.18 of Act of 1956 prohibit applicant from availing both the remedies under said provisions of..........
Hindu Law -- Ancestral property - Alienation by Karta - Legal necessity - Plaintiff could not have been asked to place any negative evidence on record to show that, there was no legal necessity - Parties are required to adduce positive evidence - Statement on oath by plaintiff that defendant had no legal necessity to sell lands was therefore, sufficient to hold it..........
Hindu Law -- Ancestral property - Alienation by Karta - Legal necessity - Casual statements made in sale deed regarding sale of land for necessity is not sufficient evidence, as details of said necessity were not given in recital of sale deeds - Moreover, there is no need to challenge sale deeds, though sale deeds were executed by defendant No.1 without any legal..........
Hindu Law -- Ancestral property - Alienation by Karta - Legal necessity - It is for defendants to prove that Karta of family was required to sell property and had no alternative left to raise funds for family - Mere statements by witnesses that Karta/defendant No.1 was heavily indebted due to medical expenses incurred on treatment of his wife was not sufficient for..........
Hindu Succession Act, 1956, Section 14 -- Property held by Hindu Female in lieu of pre-existing right of maintenance after coming into force of the Act, would blossom into complete ownership and therefore, she can deal with the same in any manner, she likes in accordance with law - No hurdles or fetters can be placed on such ownership...........