AI Overview...
Cause of Action for Husband in Gold and Related Cases
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Cause of Action Definition and Jurisdiction
The cause of action refers to the set of facts that give rise to a legal claim. It arises when a party demands a right or when an event occurs that entitles a party to seek legal remedy. Jurisdiction is determined by where the cause of action or part thereof arises (INDKER00000268256). -
Cause of Action in Gold Ornaments Cases
The cause of action for the recovery of gold ornaments typically arises when the wife demands their return or when the husband offers to return them. For example, in one case, the cause of action was held to arise on the husband's death or upon the wife's demand (INDDEL00000150287). Similarly, the cause of action can also arise when the wife files a suit for recovery, asserting her right over the gold given at marriage or during the relationship (INDKER00000312363). -
Continuing or Recurring Cause of Action
Certain cases highlight that the cause of action for recovery or related relief can be recurring or ongoing, especially when the wife continues to assert her claim or when the circumstances remain unchanged over time. For instance, a petition for return of gold ornaments can be filed at any time if the cause persists (01500050122, INDKER00000312363). -
Impact of Collusion and Self-Serving Decrees
Some judgments mention that decrees passed without a genuine cause of action—possibly due to collusion—are self-serving and may not establish a valid cause of action. For example, a decree obtained by both parties without a real cause, especially when both are still living as husband and wife, may be challenged on the ground that no genuine cause of action exists (01500050941). -
Specific Cases and Insights
- In cases involving allegations of cruelty or mental cruelty, the cause of action may be linked to ongoing conduct, and condonation of such conduct can bar relief (01500050122).
- When the wife leaves the matrimonial home with gold ornaments, the cause of action for their recovery is generally recognized once she demands their return or when the husband offers to do so (02700067152).
- Cases involving allegations of kidnapping, theft, or wrongful gain are distinguished from cause of action related to gold ornaments; in such cases, the focus is on the wrongful act rather than the mere possession or demand for return (00900034422).
Analysis and Conclusion
The cause of action for the husband regarding gold ornaments primarily arises when the wife demands their return or when circumstances such as the husband's offer to return or his death occur. The legal principle emphasizes that the cause of action can be ongoing or recurring, and jurisdiction is determined by where these events or demands take place. Decrees or judgments passed without a genuine cause of action, especially in collusive scenarios, are invalid. Overall, the key to establishing a cause of action lies in the wife's demand, the husband's response, and the ongoing nature of the claim, with specific legal nuances depending on the facts of each case (various references).
Search Results for "Cause of Action Gold to Husband"
2021 0 Supreme(Ker) 809 • India - Kerala
P.SOMARAJAN
and wife, that too, without a cause of action.- It is a self-serving decree at instance of both husband and wife, wherein husband ... and wife, that too, without a cause of action. ... It is a self-serving decree at the instance of both the husband and wife, wherein the husband remained absent and caused to pass ... Both of them are still living as husband and wife. If that be so, the wife has to explain what actually prompted he....
2021 Supreme(Online)(KER) 23635 • India - High Court of Kerala
Fact of the Case: The wife of a judgment debtor claimed an asset during execution based on alleged collusion with her husband ... Both of them are still living as husband and wife. If that be so, the wife has to explain what actually prompted her to institute a suit against her husband, that too, without a cause of action for recovery of gold ornaments, if any given at the time of marriage and also for maintenance. ... As discussed in the earlier paragraphs, the decree obtained by th....
2021 0 Supreme(Ker) 591 • India - Kerala
A.MUHAMED MUSTAQUE, KAUSER EDAPPAGATH
defended or not, relief prayed for can be decreed, only if petitioner has not in any manner condoned cruelty - Examine whether husband ... resumption of conjugal relationship - Whether making such calls would constitute mental cruelty as argued by learned counsel for husband ... a general rule, condonation of matrimonial offence deprives condoning spouse of right of seeking relief on offending conduct - Husband ... cause of action is recurring and continuing one. ... It was thereafter, on fresh #HL_STAR....
2021 Supreme(Online)(Ker) 57427 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. Muhamed Mustaque, Kauser Edappagath, JJ
(A) Hindu Marriage Act, 1955 - Section 13(1)(ia) - Dissolution of marriage - Husband sought divorce on the grounds of adultery and ... cause of action is recurring and continuing one. ... It was thereafter, on fresh cause of action, the present petition for return of gold ornaments and money was filed. The husband also filed a fresh petition for dissolution of marriage. ... The wife is entitled to claim it back at any time as the cause of a....
2022 Supreme(Online)(KER) 45808 • India - High Court of Kerala
ANIL K. NARENDRAN, P. G. Ajithkumar, JJ
husband and his parents. ... of action. ... of action arose within its territory. ... Similarly, Section 20 confers jurisdiction to the court within whose jurisdiction the cause of action or a part of the cause of action has arisen. 18. What means ‘cause of action’? ... The appellant pleaded that the cause of action for the petition has arisen where the marriage took place, where the gol....
2025 Supreme(Online)(Del) 6794 • India - IN THE HIGH COURT OF DELHI AT NEW DELHI
ANIL KSHETARPAL, HARISH VAIDYANATHAN SHANKAR, JJ
The cause of action for the return of the gold entrusted to her husband would arise only when the Plaintiff either demanded its return or when her husband offers to return the same. ... The cause of action arose on 27.12.2021 when the Plaintiff’s husband passed away in Apollo Hospital. The cause of action further arose on 03.01.2022 when the petition seeking probate of the alleged will of the Plaintiff’s ....
2017 0 Supreme(MP) 1176 • India - Madhya Pradesh
J.P.GUPTA
In that background, it cannot be said that the action on the part of the wife was to cause wrongful gain to her or wrongful loss to defacto-complainant, the husband. ... The admitted back-ground, in this case is that the petitioner/wife who solong lived with the husband and who also was in possession of those gold ornaments along with the husband left the house with those gold ornaments. ... On 19-4-2015 respondent and her son/husband of the applican....
2002 0 Supreme(Cal) 434 • India - Calcutta
JOYTOSH BANERJEE
exclusively to the defacto-complainant, her husband. ... Whether the petitioner's actions amounted to kidnapping or abduction of her child. 3. ... The allegations against the petitioner included kidnapping, abduction, and theft of gold ornaments. ... In that background, it cannot be said that the action on the part of the wife was to cause wrongful gain to her or wrongful loss to defacto-complainant, the husband. ... The admitted back-ground, in this case is that the petitioner/wife wh....
2005 0 Supreme(Bom) 87 • India - Bombay
J.N.PATEL, S.T.KHARCHE
of death due to ante-mortem injuries - Wilful action of police officers in violation of fundamental and human rights - Detention ... Constitution Of India, 1950 - Article 21 - Compensation - Custodial death - Deceased, petitioner’s husband on first occasion detained ... respondent State that the deceased was arrested in the said case as an accused and secondly the claim of the petitioner that her husband ... In the circumstances, the petitioner lodged a written complaint and demanded the copy of the FIR and sought to know as to what #HL_S....
2017 Supreme(Online)(KER) 50554 • India - High Court of Kerala
ALEXANDER THOMAS, J
Since the cause of action in respect of O.P. No. 145/2016 and O.P. No. 146/2016 have arisen within the territorial jurisdiction of Family Court, Pala, those proceedings are filed before that Court. ... No.146/2016 before the Family Court, Pala seeking return of gold and money in which the husband is the 1st respondent therein and the 2nd respondent therein is the father in law. The petitioner has also filed Maintenance Case, MC No.46/2016 before the Family Court, Ettumanoor, Kottayam. ... Moreover, it is also stated tha....
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