Skip to content


Judgment Search Results Home  Phrase:hindu marriage act

Feb 21 1992

Rasala Surya Prakasarao and others Vs. Rasala Venkateswararao and othe ...

  • Decided on : 21-Feb-1992

Court : Andhra Pradesh

Reported in : AIR1992AP234; 1992(2)ALT346; II(1992)DMC608

... Hindu Succession Act because of the provisions of S. 16, Hindu Marriage Act; proviso to S. 3(1)(j) must be confined to those children who are not clothed with legitimacy under S. 16, Hindu Marriage Act.II. In regard to a woman whose marriage is void or declared void under the provisions of the Hindu Marriage Act :(1) Section 25, Hindu Marriage Act, confers upon a woman, whose marriage ... Hindu Marriage Act.II. In regard to a woman whose marriage is void or declared void under the provisions of the Hindu Marriage Act :(1) Section 25, Hindu Marriage Act, confers upon a woman, whose marriage is void or is declared to be void, a right of maintenance against her husband.(2) This right of maintenance can be enforced by her not only in proceedings under S. 25, Hindu Marriage Act ... Hindu Marriage Act, into the provisions of the Hindu Succession Act; especially when in the latter Act there is no exclusion of such legitimacy while interpreting the provisions of the Hindu Succession Act.'In paragraph 27, the Division Bench summarised the propositions of law as follows:'I. In regard to a child of a void marriage :(1) a child of a marriage which is void under the provisions of Hindu Marriage Act ...

Apr 23 2013

P.T.Lakshman Kumar Vs. Bhavani

  • Decided on : 23-Apr-2013

Court : Chennai

... Hindu Marriage Act, therefore, the court has to draw a decree as envisaged in Sections 9, 10, 11,12,13,13-A or 13-B of the Act, preceded by pronouncement of Judgement. Here again, the term judgement has not been defined in the Hindu Marriage Act. Similarly, what a judgement should contain has also not been dealt with in the Hindu Marriage Act.12. But, in the Family Courts Act ... The Hindu Marriage Act, it provides for appeals against decrees and also orders under Sections 25 and 26 of the Hindu Marriage Act, provided they are not interlocutory orders. But, the Family Courts Act provides for appeals against judgements and orders and not against decrees. So far as the decisions under Sections 9, 10,11,12, 13-A and 13-B of the Hindu Marriage Act ... Of course, it is true that the Hindu Marriage Act does not provide for appeal against such order whereas the Family Courts Act provides for such appeal. This is the wisdom of the parliament. As per the Hindu Marriage Act, the provisions of the Evidence Act are strictly applicable, whereas, as envisaged in Section 14 of the Family Courts Act, the Family Court may receive as ... under Section 24 of the Hindu Marriage Act should be regarded only as a 'judgment' and not an 'interlocutory order.' The very fact that an application under Section 24 of the Hindu Marriage Act is contemplated only as an interlocutory application in a main proceeding and the very fact that an order made under Section 24 of the Hindu Marriage Act automatically comes to an ...

Feb 12 1993

Sasanka Sekhar Basu Vs. Miss Dipika Roy

  • Decided on : 12-Feb-1993

Court : Kolkata

Reported in : AIR1993Cal203,(1993)1CALLT226(HC),1993(2)CHN179,97CWN578,II(1993)DMC74

... Marriage Act, the Christian Marriage Act and the Parsi Marriage Act and contended that it will appear from the aforesaid Acts as also the Hindu Marriage Act that the legislature specifically intended that each of such acts except the Special Marriage Act, would be applicable only to persons of the particular religion specified in the said Act and it is only under Special Marriage Act ... Acts as also the Hindu Marriage Act that the legislature specifically intended that each of such acts except the Special Marriage Act, would be applicable only to persons of the particular religion specified in the said Act and it is only under Special Marriage Act persons professing different religion can be married and under such circumstances there cannot be any marriage between a Hindu and a Christian under the Hindu Marriage Act ... Hindu Marriage Act. As it would be evident from S. 4(b) of the said Actitself that Hindu Marriage Act has overriding effect over such acts so far as provisions of the same are inconsistent with the Hindu Marriage Act and not otherwise.23. Reading of the various provisions of the Hindu Marriage Act including Ss. 11 and 12 will clearly indicate that the same although-a Special Act ...

Feb 27 2006

Vinaya Nair Vs. Corporation of Cochin

  • Decided on : 27-Feb-2006

Court : Kerala

Reported in : AIR2006Ker275; 2006(3)KLT17

... Hindu Marriage Act, 1955 is an act to amend and codify the law relating to marriage among Hindus. Section 5 of the Act lays down the conditions for the solemnization of a Hindu marriage. Ceremonies for a Hindu marriage are provided under Section 7 of the Act. Section 8 of the Act deals with registration of Hindu marriages. Petitioners have complied with all the conditions for a valid Hindu marriage under Section 5 of the Hindu Marriage Act ... Hindu marriage. Ceremonies for a Hindu marriage are provided under Section 7 of the Act. Section 8 of the Act deals with registration of Hindu marriages. Petitioners have complied with all the conditions for a valid Hindu marriage under Section 5 of the Hindu Marriage Act and that they had undergone all the ceremonies as provided under Section 7 of the Act and that they have solemnized the marriage at Ernakulam a place to which Hindu Marriage Act ... Act. Section 8 of the Act deals with registration of Hindu marriages. Petitioners have complied with all the conditions for a valid Hindu marriage under Section 5 of the Hindu Marriage Act and that they had undergone all the ceremonies as provided under Section 7 of the Act and that they have solemnized the marriage at Ernakulam a place to which Hindu Marriage Act applies. The sole reason for denying the marriage ...

Jul 27 1998

Abbayolla M. Subba Reddy Vs. Padmamma

  • Decided on : 27-Jul-1998

Court : Andhra Pradesh

Reported in : 1998(5)ALD465; 1998(5)ALT152; I(2000)DMC266

... Hindu Marriage Act, 1955, The Hindu Adoption and Maintenance Act, 1956. The Hindu Minority and Guardianship Act, 1956 and the The Hindu Succession Act, 1956 are package of enactments being part of socio-legal scheme applicable to Hindus. In view of the divergent schools governing the personal laws of the Hindus, the Parliament codified the personal law relating to the Hindus and enacted the said four Acts. Hindu Marriage Act ... Hindu Marriage Act, a wife whose marriage is void would be entitled, as of right, of relief of permanent maintenance once her marriage is annulled by a decree of nullity under Section 11 or passing a decree of a kind envisaged under Sections 9 - 14 of the Hindu Marriage Act, and therefore, it allows that the Hindu Marriage Act, 1955 recognizes notwithstanding the fact that the marriage ... marriage solemnized before the Hindu Marriage Act came into operation. It is obviously for the reason that the Hindu Marriage Act, 1955 laid down monogamy as a rule of law and Hindu husband cannot marry another wife after the commencement of that Act. A bigamous marriage contracted after the coming into force of that Act ...

Oct 03 2011

T.Sivakumar Vs. Inspector of Police

  • Decided on : 03-Oct-2011

Court : Chennai

... Act from the Hindu Marriage Act. When the Prohibition of the Child Marriage Act , 2006 was enacted, the parliament was aware of the provisions of Sections 5, 11, 12 and 18 of the Hindu Marriage Act. By declaring that the Prohibition of Child Marriage Act shall apply to all citizens , the parliament has intended to allow the Prohibition of Child Marriage Act to override the provisions of the Hindu Marriage Act ... Hindu Marriage Act is a general law regulating the Hindu marriages. Therefore, the Prohibition of Child Marriage Act, being a special law, will have overriding effect over the Hindu Marriage Act to the extent of any inconsistency between these two enactments. In view of the said settled position, undoubtedly, Section 3 of the Prohibition of Child Marriage Act will have overriding effect over the Hindu Marriage Act. ... Hindu Marriage Act. By declaring that the Prohibition of Child Marriage Act shall apply to all citizens , the parliament has intended to allow the Prohibition of Child Marriage Act to override the provisions of the Hindu Marriage Act to the extent of inconsistencies between these two enactments. This is manifest from the statement of Objects and Reasons of the Prohibition of Child Marriage Act, 2006 which read as follows:- " The Child Marriage Restraint Act ...

Jan 09 1987

Shantaram Tukaran Patil and Anr. Vs. Dagubai Tukaram Patil and Ors.

  • Decided on : 09-Jan-1987

Court : Mumbai

Reported in : AIR1987Bom182; 1987(1)BomCR714; (1987)89BOMLR51; 1987MhLJ179; 1987Mah.L.R777

... marriage udner s. 16 , Hindu Marriage Act wold not extend to the situations arising under the Hindu Succession Act, s. 3(1)(j) of that Act alone can be looked into, .In other words according Hindu Marriage Act, cannot be engrafted the definition contained in s. 3(1)(j), Hindu Succession Act. In our opinion, this submision is misplaced. We have already held above thathte legitimacy conferred by s. 16, Hindu Marriage Act ... Hindu Marriage Act, cannot be engrafted the definition contained in s. 3(1)(j), Hindu Succession Act. In our opinion, this submision is misplaced. We have already held above thathte legitimacy conferred by s. 16, Hindu Marriage Act, ws there even prior to the 1976 amendment. Only it iws extended to some more person. The Hindu Succession Act is no doubt an Act which is later tot he Hindu marrage Act ... Hindu Succession Act;29. A child of a void marriage is related to its parent within the meaning of S. 3(1)(j), Hindu Succession Act because of the provision of S. 16, Hindu Marriage Act; proviso who to S. 3(1) must be confined to those children who are not clothed with legitimacy under S. 16. Hindu marriage Act.30. In regard to a woman whose marriage ...

Mar 20 1992

Vinod Kimar Kejriwal Vs. Usha Vinod Kejriwal

  • Decided on : 20-Mar-1992

Court : Mumbai

Reported in : AIR1993Bom160; 1992(2)BomCR648; I(1993)DMC32

... of the Hindu Marriage Act. He also contended that in the very scheme of the provisions of the Hindu Marriage Act and the Hindu Adoptions and Maintenance Act. unless the wife makes out a case falling under S. 18(2) of the Hindu Adoptions and Maintenance Act, she would not be entitled to claim even interim alimony under S. 24 of the HinduMarriage Act. ... Act, 1956, the proceedings under Section 24 of the Hindu Marriage Act, 1955, were not at ail maintainable. It was tried to be contended that an application for maintenance must necessarily fall under Section 18 of the Hindu Adoptions and Maintenance Act, 1956 and hence, the proceedings under Section 24 of the Hindu Marriage Act would be hit by clause (b) of Section 4 of the Hindu Adoptions and Maintenance Act ... Hindu Adoptions and Maintenance Act and in particular, in view of clause (b) of Section 4 of the said Act, the proceedings under section 24 of the Hindu Marriage Act would not be maintainable. According to the learned Counsel, any relief that could be granted under Section 24 of the Hindu Marriage Act must be subject to the provisions of Section 18(2) of the Hindu Adoptions and Maintenance Act ... 24 of the Hindu Marriage Act 1955. Hence, I do not find anything in the scheme of the provisions of Section 24 of the Hindu Marriage Act which is inconsistent with the provisions of the Hindu Adoptions and Maintenance Act so as to attract the bar of clause (b) of Section 4 of the Hindu Adoptions and Maintenance Act. Undoubtedly, if there ...

Jun 05 1979

Gopalakrishnan Nair Vs. R. Sarasamma

  • Decided on : 05-Jun-1979

Court : Kerala

Reported in : AIR1980Ker109

... Hindu Marriage Act 1955 provides in Section 13, for dissolution of Hindu Marriages. The grounds for dissolution are specified in this Act and the procedure for seeking dissolution is also specified in the Act. The grounds for dissolution under the Hindu Marriages Act are not identical with the grounds for divorce in the Nair Act 1100.2. Notwithstanding the commencement of the Hindu Marriage Act 1955 the provisions of the Nair Act ... Hindu Marriages. The grounds for dissolution are specified in this Act and the procedure for seeking dissolution is also specified in the Act. The grounds for dissolution under the Hindu Marriages Act are not identical with the grounds for divorce in the Nair Act 1100.2. Notwithstanding the commencement of the Hindu Marriage Act 1955 the provisions of the Nair Act 1100 for dissolution of marriage ... Act. The grounds for dissolution under the Hindu Marriages Act are not identical with the grounds for divorce in the Nair Act 1100.2. Notwithstanding the commencement of the Hindu Marriage Act 1955 the provisions of the Nair Act 1100 for dissolution of marriage continued to be operative. Now that the Nair Act 1100 has been repealed by Act 30 of 1976 and the repealing Act ...

Mar 15 1971

Raghunath Gopal Daftardar Vs. Sau, Vijaya Raghunath Daftardar

  • Decided on : 15-Mar-1971

Court : Mumbai

Reported in : AIR1972Bom132; (1971)73BOMLR840; ILR1972Bom511; 1972MhLJ110

... Hindu Marriage Act. It is necessary to bear in mind that there is a difference between the marriage under the Special Marriage Act, 1954 and the marriage under the Hindu Marriage Act, 1955. The Special marriage Act, 1954 provides a special form of marriage in certain cases. It is permissible to a Hindu, by virtue of this Act, to have his marriage with another Hindu ... Hindu Marriage Act, 1955. But in my opinion, the provisions of Section 17 of the Indian Contract Act cannot apply to fraud as understood in Section 12(1)(c) of the Hindu Marriage Act. It is necessary to bear in mind that there is a difference between the marriage under the Special Marriage Act, 1954 and the marriage under the Hindu Marriage Act, 1955. The Special marriage Act, 1954 provides a special form of marriage ... Act cannot apply to fraud as understood in Section 12(1)(c) of the Hindu Marriage Act. It is necessary to bear in mind that there is a difference between the marriage under the Special Marriage Act, 1954 and the marriage under the Hindu Marriage Act, 1955. The Special marriage Act, 1954 provides a special form of marriage in certain cases. It is permissible to a Hindu, by virtue of this Act, to have his marriage ...

Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //