Topic
A wife's safety apprehension due to brother-in-law's conduct is a lawful cause for withdrawal under Section 281 Mohammedan Law; the Jharkhand HC overturned a restitution of conjugal rights decree, noting threats from in-laws can defeat claims in matrimonial disputes.
Delhi HC held that the defendant-wife could reside in the suit property under Section 39 TPA, noting that a Mohammedan will bequeathing over one-third share needs heir consent and an unregistered surrender declaration is void. This clarifies spousal residence rights in property disputes.
The Jharkhand High Court overturned a family-court decree ordering a wife to resume marital cohabitation, finding the order perverse for ignoring evidence of cruelty and the lawful cause of her withdrawal. The ruling highlights the appellate power under Section 19(1) to set aside family-court findings that conflict with substantive facts, affecting spouses facing restitution of conjugal rights petitions.
Karnataka High Court rules that co-owners' consent is mandatory for alienation of joint property under Mohammedan Law, but only recent transactions (post-2001) are invalid due to limitation. Plaintiffs secured half share in one suit but lost claim in another due to delay, setting a precedent for limitation periods in partition disputes.
Bombay HC rules that under Mohammedan Law, an oral will bequeathing more than one-third of the estate is invalid without the consent of all legal heirs. The court dismissed the caveat, reinforcing the statutory limit on testamentary dispositions to prevent disputes among heirs.
Andhra Pradesh High Court upholds validity of registered gift deed under Mohammedan law, affirming constructive possession and barring new pleas in second appeal.
Bombay High Court holds that fraud in obtaining probate invalidates the grant even if petitioner lacks caveatable interest, reinforcing judicial duty to nullify deceitful succession claims.