Category Archives: Family

Claim for partition – Cause of action – son and daughter as coparceners – Hindu Succession Act

The question that arose for consideration is as to whether daughter being a co-parcener is a necessary party in a suit for partition of ancestral co-parcenary property. The reasons assigned by the court below in rejecting the petition is that the cause of action for filing the suit arose in the year 1999 when the defendants refused the claim of… Read More »

Permission is granted to the parents of the wife to come on record and prosecute the proceedings before the Family Court after the death of their daughter

Question: Please let us know is there any citation of the Hon’ble High Courts or the Hon’ble Supreme Court wherein permission is granted to the parents of the wife to come on record and prosecute the proceedings before the Family Court after the death of their daughter. Facts of my case is as under :… Read More »

Impotency of husband – Annulment of marriage

Impotency – Annulment of Marriage – Hindu Marriage Act S.12(1)(a) – Tripura Family Courts Rules Here is a case where the High Court of Guwahati held that: Oral evidence of wife which alone can be basis for a decree for annulment of marriage [A marriage annulment is a legal procedure that dissolves a couple’s marital… Read More »

Illegitimate children will have right only in properties of parents and none else

Illegitimate Child, Sec.16 of Hindu Marriage Act, Property Right, Intestate, Bastard Who Is an Illegitimate Child Under Hindu Law ? What Are His/her Property Rights ? Can an Illegitimate Child File a Suit for Partition ? What Is Dying Intestate ? [This is an excerpts from the citation 2008(6)AIR Kar R 267- a judgment delivered… Read More »