Family Law
Guardian and Wards Act, 1890, Section 26 – Relocation – We take serious note of the Father, without notifying or taking the permission of the Civil Judge, leaving its jurisdiction along with the minor – Prima facie this undermines the authority of the court and it may even tantamount to contempt of court
Hindu Minority and Guardianship Act, 1956 (32 of 1956) - Guardian and Wards Act, 1890, Section 26 - Relocation -...
Read moreHindu Minority and Guardianship Act S. 6 – It immediately provides that the custody of a minor who has not completed the age of 5 years shall ordinarily be with the mother – A proviso is in the nature of an exception to what has earlier been generally prescribed – The use of the word “ordinarily” cannot be overemphasised. It ordains a presumption, albeit a rebuttable one, in favour of the mother
Hindu Minority and Guardianship Act, 1956 (32 of 1956) Section 6 - Is of seminal importance - It reiterates Section...
Read moreHMG S. 8 – Permission to sell immovable properties – Share of the minors in the two properties is quite negligible and agreement to sell have already been entered into and land of the minors would be sold along with the share of the appellant in the said land
Hindu Minority and Guardianship Act, 1956 S. 8 - Guardians and Wards Act, 1890 - Grant of permission to sell...
Read moreHindu Law – Joint Family Property – Alienation of – Where an alienation is not made with the consent of all the coparceners, it is voidable at the instance of the coparceners whose consent has not been obtained
Hindu Law – Joint Family Property – Alienation of – Challenge as to – Where an alienation is not made...
Read moreHindu Law – Gift – Joint Family Property – ‘pious purpose’ – A deed of gift in regard to the ancestral property executed ‘out of love and affection’ does not come within the scope of the term ‘pious purpose’
Hindu Law – Gift – Joint Family Property – ‘pious purpose’ - A deed of gift in regard to the...
Read moreHMA S.13-B(2) – Stipulation of six months’ period indicated in Sub-section (2) of Section 13-B of the Act dispensed with .
Hindu Marriage Act, 1955 - S.13-B, S.13-B(2) - Though settlement agreement has been arrived at between the parties for seeking...
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HMA S. 13 – Cruelty – Appellant was leading an adulterous life which was worse kind of mental cruelty caused to the respondent, the conclusion irresistible is that the marriage between the parties had reached a dead end
Hindu Marriage Act, 1955 (25 of 1955) Section 13 – There being enough evidence to establish that the appellant and...
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Evidence act S. 112 – DNA test – Presumption is rebuttable – Presumption of being legitimate child rebutted by producing DNA report.
Evidence act S. 112 – DNA test - Presumption is rebuttable - Presumption of being legitimate child attached with the...
Read moreHMA S. 13(1)(ia) – Mental cruelty – In case of mental cruelty it will not be a correct approach to take an instance of misbehavior in isolation and then pose the question whether such behaviour is sufficient by itself to cause mental cruelty – The approach should be to take the cumulative effect of the facts and circumstances
Hindu Marriage Act, 1955, S. 13(1)(ia) – Cruelty - What is the meaning and import of the expression 'cruelty' as...
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HMA S. 13(1)(ia) – Cruelty – Wife lodged several false FIR, legal proceedings – Quashed – Refusing to attend household chores and showing disrespect to the husband and his family members amounted to cruelty towards the husband.
Hindu Marriage Act, 1955, Section 13(1)(ia) - Cruelty – Wife lodged FIR for Dowry against the husband and his family...
Read moreHMA S. 13 – Wife living separately for last 10 years, not ready for mutual divorce – This behaviour in a dead marriage or irretrievable broken down marriage, can be considered as an act of mental cruelty – Divorce granted. 2022 PLRonline 8054
LogIn with PLRONLINE required for Full text Hindu Marriage Act, 1955 (25 of 1955) Section 13 – Application filed by...
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Hindu Marriage Act, 1955, S. 13-B , 14 Proviso – Exceptional hardship and depravity has to be established – Parties had lived together as husband and wife for about three months after marriage – Both were young and keeping in view that they were at the marriageable age, condonation of the period of one year was allowed
Hindu Marriage Act, 1955, S. 13-B , 14 Proviso to the above said section lays down that in case of...
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HMA S. 13(1)(ia) – Maintenance – Husband earning and settled abroad – Paying high rent and tax – Income is substantially reduced – Factors
Hindu Marriage Act, 1955 (25 of 1955) Section 13(1)(ia) – Maintenance – Undoubtedly the husband is earning well while being...
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Mitakshara Law – Right of a widow or daughter to inherit the self-acquired property or share received in partition of a coparcenary property of a Hindu male dying intestate
Mitakshara Law - Right of a widow or daughter to inherit the self-acquired property or share received in partition of...
Read moreHindu Succession Act, 1956 (3 of 1956)– Object of
Hindu Succession Act, 1956 (3 of 1956) – Object of - The Act of 1956 has amended and codified the...
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