Category: hindu law

Role Of Karta In Hindu Undivided Family

KARTA To understand the meaning of Karta, we should have basic knowledge about coparcener. Coparcener is the narrower body of Joint Hindu Property which consists of male member upto four degrees (now after 2005 amendment daughters are also included as coparceners). Example: A-B-C-D-E-F (legal descents). Here, coparcenery will exist till D. As soon as A…
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June 12, 2020 0

Cruelty Is a Ground Of Divorce When Husband Is Acquitted Under Section 498A IPC: SC [Read Order]

  Case Name: Rani Narasimha Sastry vs. Rani Suneela Rani Case no.: Civil Appeal No. 8871 of 2019 (Supreme Court) Facts: 1. The marriage between the appellant (husband) and the respondent (wife) was solemnized in 2005. After marriage appellant and respondent lived together until 2007 and thereafter they have been living separately for more than 10…
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June 12, 2020 0

No Maintenance Can Be Claimed u/s 125 CrPC By Wife, Who Was Granted Alimony U/s 25 HMA :SC

Case name: Rakesh Malhotra (Appelant) Vs Krishna Malhotra (Respondant) Case no.: Criminal Appeal No(s).246-247/2020 SC Coram: Justice Uday Umesh Lalit and Justice Vineet Sharan Let us first understand what Section 25 of Hindu Marriage Act 1955 states in brief and then will discuss the facts and order given by Hon’ble Supreme Court. Section 25 (Hindu…
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June 11, 2020 0

DESERTION: Ground Of Divorce Under Section 13 of HMA [Case Laws]

Desertion Desertion is one of the grounds of divorce under Section 13(1)(i-b) of the Hindu Marriage Act 1955. Desertion means forsaking or abandonment of one spouse by the other without reasonable cause and against the wish of the other. Types Of Desertion: i) Actual Desertion : The elements of actual desertion are as follows: a)…
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June 8, 2020 0

Maintenance of Widowed Daughter-in-law: Section 19 Of HAMA 1956 [Case laws]

  Hindu Law has recognized it to be obligation of joint family to maintain the wives and widows of coparceners. A widowed daughter-in-law can claim maintenance against the karta so long as the daughter-in-law has a right to claim maintenance against the coparcenary property in the hands of the father-in-law. However, father-in-law has no personal…
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June 4, 2020 0

Natural Guardian Of Minor: Section 6 of HMGA 1956 [Case Laws]

  Law related to Natural Guardian is given under Section 6 of Hindu Minority and Guardianship Act, 1956. Section 6 talks about two types of Guardianship: (i) Natural guardian is in the respect of the minor’s as in persons, (ii) Natural Guardian in respect of minor’s property.  Important details related to Section 6 : In…
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