Matrimonial Law
Mode of Citation- ILC-2017-SC-MAT-....
Get started with Indian Law Cases
Your password will be generated automatically and will be sent to your email-id provided in this form.
Full Name  
Email ID
(this email-id will be treated as your User ID also)
Address
City
Mobile No
* Mobile No is required for verification of identity
 Bare Acts  | Legal Resources  | Lawyer Locater  | Articles  | Legal Dictionary  | Download Desktop Software  | Subscription   Home   |   E-Journal  |  Sign-In  | Contact Us  | Disclaimers

Matrimonial Law
 Search Tips
Matrimonial Law
Mode of Citation- ILC-2017-SC-MAT-....
Judgement Subject Index/Important Decision/Topic

ILC-2009-SC-MAT-Jul-3

M. Yogendra Vs. Leelamma N.

Head Note

The Hindu Marriage Act, 1955  - Section 5 , Section 6 , Section 8 , Section 11 , The Indian Evidence Act, 1872  - Section 50

Marriage between parties - Proof of validity of marriage - Witnesses to marriage not available - Documentary proof also not available - In such a situation marriage may be proved by examining the witnesses who had seen conduct of parties - In the instant case a person contracting second marriage - Marriage proved by daughters who were born from first marriage who saw the conduct of the father's second wife.

The Hindu Succession Act, 1956  - Section 6 , Section 8 , The Hindu Marriage Act, 1955  - Section 5

Coparcenery property - Inheritance of - A Hindu male having three daughters from first wife - Contracting second marriage in 1960, and a son born from second wife - Second Marriage is hit by Section 5 of Hindu Marriage Act - Hindu male was having coparcenery property at his hands - Son would not be a coparcener with father and would not inherit the properties as a coparcener - Share of each daughter would be 1/3rd in the property - Death of one of the daughters - Her heirs would inherit 1/3rd share of their deceased mother.

Topic(s)-Coparcenery property , Proof of validity of marriage

Important Decision(s)- 

  • Son born from second wife - Second Marriage is hit by Section 5 of Hindu Marriage Act - Hindu male was having coparcenery property at his hands - Son would not be a coparcener with father.
  • Proof of validity of marriage - Witnesses to marriage not available - Documentary proof also not available - Marriage proved by daughters who were born from first marriage.







                                                                          Full Judgement Body is not available


     
@2016 Indian Law
Name  
Email ID
Please Wait..