OTHERS
Hindu Succession Act | After Intestate Succession, One Co-Heir Cannot Alienate Shares Of Others Acting As Karta : Supreme Court
The co-heirs will inherit the property as tenants-in-common and the concept of “kartaship” doesn't apply, the Court held.
'Direct Evidence Of Adultery Extremely Difficult': Madras High Court Grants Divorce Citing Wife's Close Proximity With Another Man
The Madras High Court recently granted divorce to a man on the grounds of adultery by his wife, stating that though there was no direct evidence of sexual intercourse, there was evidence regarding close proximity of the wife with another married man. The bench of Justice CV Karthikeyan and Justice K Rajasekar noted that adultery itself is an act of secrecy, and it is very difficult...
Hindu Succession Act | 2005 Amendment Does Not Limit Daughters' Pre-Existing Inheritance Rights : Supreme Court
The Court clarified that Section 6(5) of the Hindu Succession Act does not bar daughters' suit seeking partition to claim intestate inheritance rights as Class 1 heirs under Section 8.
Wife Staying At Parents' House After Childbirth While Husband Is Abroad Can't Be Treated As Desertion: Madras High Court
The Madras High Court has recently held that a wife going to her mother's house for delivery and remaining there after the birth of the child cannot be seen as an act of desertion when the husband was not present in the country during the time. “But, at any rate, we hold that since the appellant [husband] was not in this country, he cannot now complain about the conduct...
S. 25 Hindu Succession Act | Murder Accused Cannot Claim Inheritance Of Murdered Person's Property : Supreme Court
The Court clarified that an actual conviction is not necessary, and a murder-accused will also be disqualified from inheritance.
Final Maintenance Order Under Section 125 CrPC Prevails Over Interim Relief Under Hindu Marriage Act: Karnataka High Court
The Karnataka High Court has upheld a final maintenance order under Section 125 CrPC while simultaneously setting aside an interim maintenance order under Section 24 Hindu Marriage Act passed in separate proceedings, holding that continuance of both results in overlapping financial liability of the husband which is illegal. The single-judge bench of Justice Dr. K. Manmadha Rao noted in the...
Prosthetic Limb Costs Must Also Be Compensated To Restore Accident Victims To Dignified Life: Supreme Court
The Supreme Court has held that compensation awarded to motor accident victims must include the cost of prosthetic limbs and their maintenance, emphasizing that such devices are essential to restoring mobility, confidence, and dignity to amputees.Observing that a prosthetic limb is integral to the life of a person who has lost a limb, the Court underscored that compensation must aim to place...
Mere Leasing Of Apartment Does Not Bar Flat Buyer's Consumer Complaint Against Builder: Supreme Court
The owner won't be excluded from the definition of consumer under Section 2(1)(d) of the Consumer Protection Act by merely leasing out the flat.
Non-Disclosure Of Prior Live-In Relationship Amounts To 'Fraud' U/S 12(1)(c) Of Hindu Marriage Act: Jharkhand High Court
The Jharkhand High Court has held that the non-disclosure of a prior live-in relationship before marriage constitutes fraud as to a material fact under Section 12(1)(c) of the Hindu Marriage Act, 1955. The Court emphasised that while Hindu marriage is a sacrament and not a contract, the concealment of such a relationship to obtain consent renders the marriage voidable and liable to be annulled...
Concealing Age, Murder Conviction Before Marriage Amounts To Mental Cruelty: Jharkhand High Court
The Jharkhand High Court has held that a person concealing material facts such as their age and conviction for life imprisonment in a murder case before solemnisation of marriage amounts to mental cruelty under the Hindu Marriage Act, warranting dissolution of marriage. The Court observed that such concealment, in this case by the wife, breaks the thread of trust between spouses, causing...
Hindu Marriage Cannot Be Declared Void At In-Laws' Instance After Husband's Demise Due To Bride Being Underage: Allahabad High Court
The Allahabad High Court has held that a Hindu marriage under the Hindu Marriage Act, 1955 cannot be declared void at the behest of in-laws at a belated stage raising claim of her being underage at the time of solemnization of the marriage. Sub-clause (iii) of Section 5 of the Hindu Marriage Act, 1955 provides that a bridegroom should be of 21 years of age and the bride should be of 18 years...
