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Hindu Marriage Act, 1955 — S. 13(1)(i-b) — Desertion —Inference of

Cases Reported in 2014 SCC Vol. 7 August 28, 2014 Part 4 For the offence of desertion so far as the deserting spouse is concerned, two essential conditions must be there (1) the factum of separation, and (2) the intention to bring cohabitation permanently to an end (animus deserendi). Similarly two elements are essential so far as the deserted spouse is concerned: (1) the absence of consent, and (2) absence of conduct giving reasonable cause to the spouse leaving the matrimonial home to form the necessary intention aforesaid. For holding desertion as proved the inference may be drawn from certain facts which may not in another case be capable of leading to the same inference; that is to say the facts have to be viewed as to the purpose which is revealed by those acts or by conduct and expression of intention, both anterior and subsequent to the actual acts of separation. Malathi Ravi v. B.V. Ravi, (2014) 7 SCC 640

Eldest woman member can be karta of Hindu joint family

HIGHLIGHTS • Delhi HC in its landmark verdict said that the eldest female member of a family can be its “Karta". • The ruling came on a suit filed by the eldest daughter of a business family in north Delhi. • The HC ruling is important because it takes the 2005 reform in the Hindu Succession Act to its logical conclusion. The Karta occupies a position superior to that of other members and has full authority to manage property, rituals or other crucial affairs of the family. (Photo courtesy: Getty images)The Karta occupies a position superior to that of other members and has full authority to manage property, rit... Read More NEW DELHI: The eldest female member of a family can be its "Karta", the Delhi high court has ruled in a landmark verdict. A unique position carved out by Hindu customs and ancient texts, "Karta" denotes managership of a joint family and is traditionally inherited by men. "If a male member of a Hindu Undivided Family (HUF), by vi...

Validity of S. 7-A of the Hindu Marriage Act, 1955, upheld

While dismissing the petition challenging the validity of Section 7-A of the Hindu Marriage Act, 1955, the Division Bench of S.K. Kaul, C.J. and T.S. Sivagananam, J. relying on the decision of S.Nagalingam v. Sivagami, (2001) 7 SCC 487, upheld the validity of Section 7-A [as inserted by the Hindu Marriage (Tamil Nadu Amendment) Act, 1967] as the provision applies to any marriage between two Hindus solemnized in the presence of relatives, friends or other persons and that the presence of a Priest is not mandatory for the performance of a valid marriage. Article referred: http://blog.scconline.com/post/2015/11/26/validity-of-s-7-a-of-the-hindu-marriage-act-1955-upheld/