Benami Transactions (Prohibition) Act, 1988, Section 4 -- Wife purchased property on behalf of husband by utilizing funds of husband - Property, even if, conveyed or transferred in the name of wife, she holds the property only as a trustee of husband - S.4 of the Act does not protect wife...........
Guardians and Wards Act, 1890, Section 17, 4(1), 3, 4(a) - - Daughters - Custody - Elder daughter attained age of majority - Application for her custody became infructuous - Second daughter who was of age of understanding refused to go with father - Wife alongwith her two children left house of husband 15 years ago and husband did not take care of his two daughters nor has..........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Adultery - Single incident of sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another person, without the consent or connivance of that other person, amounts to adultery which comes within the ambit of S.13(1)(i) of the Act...........
Civil Procedure Code, 1908, Section 13, Hindu Marriage Act, 1955, Section 13 -- Dissolution of marriage - Foreign decree - Validity of - Plaintiff-wife did not contest the claim nor agree to passing of the decree - In fact, plaintiff in present case did not have the wherewithal to contest the impugned proceedings - Her bank account had been fraudulently operated by..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Possession - Statement of defendant by itself is not sufficient to belie the entries in the revenue record - Testimony of PW1 that his wife being co-sharer was in possession thereof remained uncontroverted - Defendant is not justified in claiming that she alone is the owner in possession of the suit land, in..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Maintenance - Notice sent by registered post to husband received back - Husband proceeded ex parte - Award of Rs.5,000/- as maintenance to wife from the date of order - Both wife and husband filing appeal - Appellate Court enhanced maintenance to Rs.10,000/- p.m. whereas appeal of husband dismissed as time..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 19, 29 -- Right to residence - In self acquired property of father-i, law or in the alternative to pay rent at the rate of Rs.5,000/- p.m. - Husband offering wife to reside in house under his exclusive control - Order for residence in house of father-i, law without considering fact that said house is his..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - If a husband casts aspersions on the character of wife, it amounts to cruelty committed by him...........
Hindu Marriage Act, 1955, Section 13, 9 -- Divorce - Merely filing a petition u/s 9 of the Act by husband does not ipso facto lead to the conclusion that he desired to live with his wife - Application filed u/s 9 of the Act is irrelevant...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Award from date of application - Validity - Applicant/wife is married wife of revisionist/opposite party whereas opposite party had contracted second marriage - Revisionist/opposite party had sufficient means to maintain his wife applicant - Court below had recorded a finding that wife is entitled for maintenance..........
