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Judgment Search Results Home > Search > Phrase: hindu marriage act 1955 section 24 > Court: orissa

Jun 22 2000 (HC)

Smt. Basanti Bose Vs. Civil Judge (Senior Division) and ors.

Court : Orissa

Reported in : 90(2000)CLT426; 2000(II)OLR252

..... is now pending before the civil judge (senior division), balasore. on the basis of the application filed by the present petitioner under section 24 of the hindu marriage act, 1955 (in short, the 'act'), the trial court passed an order directing payment of rs. 250/- per month in addition to the amount of rs. 350/- towards monthly maintenance as ..... november, 1966 of the law department. for convenience, the said notification is extracted hereunder :'in exercise of the powers conferred by clause (b) of section 3 of the hindu marriage act, 1955 (25 of 1955), the state government do hereby specify that every court of principal subordinate judge in the state of orissa shall have jurisdiction in respect of the matters dealt ..... directed by the sub-divisional judicial magistrate, balasore in a proceeding under section 125, code of criminal procedure. the trial court also directed for payment of rs. ..... court subordinate to the high court or district judge. unlike the provisions contained in the family courts act prohibiting revision against an interlocutory order, there is no prohibition contained in the hindu marriage act for entertaining a revision against an interlocutory order under section 24. decisions of various high courts are almost unanimous on the point that a revision against interlocutory .....

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Mar 18 1969 (HC)

Bhalu Naik Vs. Hemo Naikani

Court : Orissa

Reported in : AIR1969Ori236; 35(1969)CLT532

..... of conjugal rights has been numbered as o. s. no. 1 of 1967 in the court of the subordinate judge, berhampur. the husband likewise has started a proceeding under section 13 of the hindu marriage act, 1955, in the said court which has been numbered as o. s. no. 16 of 1967. there is nothing on record to indicate whether the divorce proceeding or the ..... maintenance and expenses on 15-2-67. the husband-appellant has filed a counter in which he questions the maintainability of the petition on the ground that the rule 13 of the rules framed by the high court of orissa under section 21 of the hindu marriage act, 1955, has not been complied with and denies ..... restitution proceeding is earlier in point of time, but that is not material for the purposes of this case. 2. the wife-respondent filed an application under section 24 for interim ..... was not maintainable as the same was not supported by affidavit of the applicant, and therefore, the subordinate judge acted without jurisdiction in entertaining the application and passing orders thereon. the rules framed by the orissa high court under the hindu marriage act, 1955, are called the hindu marriage and divorce rules, 1956, and rule 13 thereof runs as follows: 'rule 13. application for alimony and .....

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May 05 1998 (HC)

Swarna Prava Tripathy and anr. Vs. Dibyasingha Tripathy and anr.

Court : Orissa

Reported in : AIR1998Ori173; 86(1998)CLT368; I(1999)DMC316; 1998(II)OLR1

..... this court in civil appeal no. 17 of 1996 decided on 8-10-1996 regarding maintainability of appeal under section 19 of the family courts act, 1984 (in short, the 'act') against an order of interim maintenance in terms of sections 24 and 25 of hindu marriage act, 1955 (in short, 'marriage act'), a reference has been made by another division bench for adjudicating the following question :'whether an order granting ..... interim maintenance pendente lite is appealable under section 19 of the family courts act, 1984? if it is held that the appeal ..... order passed under chapter ix of the code of criminal procedure, 1973, such statutory provision debarring an appeal has been expressly restated in sub-section (5) of section 19 of the act. 1984.14. section 24 of the hindu marriage act, 195.5 (in short, 'act 1955') gives jurisdiction to the court to pass order for pendente lite maintenance and litigation expenses, in appropriate case, on application being made by .....

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Nov 20 1990 (HC)

Ram Chander Agarwalla Vs. Mrudula Poddar @ Agarwalla

Court : Orissa

Reported in : 71(1991)CLT498; II(1991)DMC48

..... be gone into in the suit would be whether justifiable-reasons exist for dissolution of marriage. during the pendency of the suit, an application styled as one under sections 24 and 26 of the hindu marriage act, 1955 (in short 'the act') was filed by the wife claiming interim maintenance for herself, and the minor daughter ..... kaushal v. mrs. veena kaushal and others : the decision under section 24 is not final and remedy under section 24 of the act and under section 125 of the code of criminal procedure, 1973 are quite independent. the application under sections 24 and 26 of the act has been filed on 15-3-1989. it appears that due ..... view indicated by the learned single judge of the said court is that under section 21 of the act ordinarily the amount of maintenance is granted from the date of the order passed by the court. section 24 of the act nowhere postulates such a condition. the foundation for the view has not been indicated ..... date of institution of the suit. this has been characterised as illegal by the learned counsel for the husband-petitioner.6. the object of section 24 is to ensure that a party to a proceeding does not suffer during pendency of the proceeding by reason of poverty and such party ..... 2. the plaintiff-petitioner has instituted o.s. no. 190 of 1986 (1) in the court of subordinate judge, nayagarh praying for dissolution of marriage. stand of the wife-opposite party is that the husband has illegally descerted her and the minor child, and the suit has been filed with .....

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Feb 27 1989 (HC)

Khadal Penthi Vs. Hulash Dei and anr.

Court : Orissa

Reported in : AIR1989Ori137; 67(1989)CLT767

..... this is not a suit under any of the provisions of the hindu marriage act, 1955. this being a suit of civil nature, the civil court has jurisdiction to entertain and try the suit under section 9 of the civil p.c. the prayer for interim maintenance cannot be one under section 24 of the hindu marriage act which provides for grant of pendente lite maintenance and expenses of ..... by the learned counsel appearing for the wife, who was the plaintiff no. 1 in that suit, that the suit as framed was not one under the hindu marriage act and section 24 of the that act had no application to her petition for maintenance. the division bench proceeded on the basis that the decrees of judicial separation and divorce are valid until the plaintiffs ..... the division bench in that case. in the said appeal, it was contended that the learned subordinate judge had no jurisdiction to make an order allowing interim maintenance because section 24 of the hindu marriage act in which specific provision in that behalf has been provided, has no application to the suit as it was not a proceeding under the said ..... the proceeding. no suit is contemplated under section 18 of the hindu adoptions and maintenance act as the said section merely declares that a hindu wife whether married before or after the commencement of the said act shall be entitled to be maintained by .....

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Jul 26 1976 (HC)

Mansaram Sharma Vs. Saraswati Devi

Court : Orissa

Reported in : AIR1977Ori55; 42(1976)CLT969

..... -appellant has instituted title suit no. 7 of 1972 against his wife, the respondent in this appeal, for judicial separation. in this suit the respondent filed a petition under section 24 of the hindu marriage act for directing the appellant to pay her ad interim maintenance and litigation expenses. the impugned order has been passed on the said petition. 4. mr. sen, the learned counsel ..... impugned order or in the lower court records to show that the court below exerted any such pressure compelling the appellant to make the aforesaid concession. the petition under section 24 of the hindu marriage act was filed on 27-3-1976. copy of the said petition was thereafter served on the opposite party, the appellant in this appeal. on 30-3-1976 the ..... for the appellant, contends that the said petition filed by the respondent in the court below is not in accordance with rule 13 of the hindu marriage and divorce rules, 1956 ..... framed by the orissa high court under the hindu marriage act, 1955, and so it was not within the jurisdiction of the court to entertain the said application. rule 13 is as follows:--'rule 13. application .....

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Mar 10 2006 (HC)

Sadhana Patra Vs. Subrat Pradhan

Court : Orissa

Reported in : AIR2006Ori105; II(2006)DMC316; 2006(I)OLR524

..... can appoint a legal practitioner in the case of the context, directing him/her to bear the legal expenses of the other spouse/party, on the analogy of section 24 of the hindu marriage act, 1955.reliance was placed on a decision of this court in the case of manguli dalei v. smt. malini dalei reported in (1997) 12 ocr 196, wherein ..... in this regard, the family court shall follow the concept of section 24 of hindu marriage, act, 1955.in view of what is stated supra:(1) we uphold the constitutional vires of clause (a) of explanation to section 7 of family courts act, 1984;(2) that the main provision of section 13 of family courts act, 1984 permits the parties to engage legal practitioner/s, but ..... beyond the stage of impossibility of reconciliation exercised under section 9 of the act;(3) under proviso to section ..... which are pending have to be transferred. varied subjects enumerated under clauses (a) to (g) of explanation to section 7 of the act such as, nullity of marriage, restitution of conjugal rights, judicial separation, dissolution of marriage, invalid of the marriage, matrimonial status of any person, property of the parties and other orders including injunction relating to the said property, .....

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Oct 23 1986 (HC)

Somanath Jena Vs. Smt. Sabitri Jena and anr.

Court : Orissa

Reported in : AIR1987Ori251

..... question of granting litigation expenses of rs. 30/- per month would stand on a completely different footing. normally inherent power is not to be exercised to grant litigation expenses. section 24 of the hindu marriage act is not attracted. therefore, that part of the order granting rs. 30/- per month towards litigation expenses is liable to be vacated. therefore, the impugned order is ..... 2. during the pendency of the suit for maintenance, the wife (plaintiff) filed an application for interim maintenance as well as for litigation expenses purporting to be one under section 24 of the hindu marriage act. trial court considered the application and granted rs. 120/- per month towards maintenance and rs. 30/- per month towards litigation expenses. for recovery of the said amount ..... -petitioner. the same having been allowed the misc. appeal has been filed.3. the learned counsel for the petitioner submitted that section 24 of the hindu marriage act is not applicable to a suit for maintenance under the hindu adoptions and maintenance act by the wife for maintenance. the contention is well-founded in law.however, the same would be of no assistance to the ..... can be granted in exercise of inherent power. wrong nomenclature by mentioning the petition to be one under section 24 of the hindu marriage act would not defeat the relief to the wife and court is not deprived of the exercise of inherent power under section 151.c.p.c. 4. there is no dispute that the plaintiff is the wife of the defendant .....

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Jan 02 1990 (HC)

Sudhirlata Dei Vs. Krushna Chandra Mohanty

Court : Orissa

Reported in : 69(1990)CLT380; II(1990)DMC123

s.c. mohapatra, j.1. this is an appeal by the wife under section 28 of the hindu marriage act, 1955 (hereinafter referred to as 'the act').2. admittedly, the parties are parents of two sons and a daughter. daughter is about 16 years old. one son is ..... a preliminary objection that appeal is not maintainable. mr. r. biswal, learned counsel for the appellant while conceding that appeal against an order under section 24 of the act is not maintainable, submitted that the appeal is maintainable so far as the claim for maintenance of the child, is concerned.8. it is ..... application for pendente lite maintenance of wife and child and litigation expenses has been nomenclated to be one under section 24 of the act. there is no scope for granting maintenance to a child under section 24 of the act. in ilr 1967 cut. 439 akasam china babu v. akasam parbati and anr. a division bench held ..... learned counsel for the respon dent, requirements of rule 13 of the rules made by this court under the act for pendente lite maintenance under section 24 and for maintenance and education of the child under section 26 have not been satisfied. even appeal has been filed where no appeal lies. this may be on account ..... of the fact that the litigation is conducted by legal aid received. in such circum stances, unless court dees to the occasion, beneficial provision under sections 24 and 26 shall be frustrated to the detriment of the wife and the child who are recognised to belong to deprived class. accordingly, i decided to .....

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Nov 20 1990 (HC)

Ram Chandra Agarwalla Vs. Mrudula Podder Alias Agarwalla

Court : Orissa

Reported in : 1991(I)OLR161

..... be gone into in the suit would be whether justifiable reasons exist for dissolution of marriage. during the pendency of the suit, an application styled as one under sections 24 and 26 of the hindu marriage act, 1955 (in short the act') was filed by the wife claiming interim maintenance for herself, and the minor daughter ..... kushal v. mrs. veena kaushal and ors. : the decision under section 24 is not final and remedy under section 24 of the act and under section 125 of the code of criminal procedure, 197 are quite independent. the application under sections 24 and 26 of the act has been filed on 15-3-1989. it appears that due ..... the view indicated by the learned single judge of the said court is that under section 24 of the act ordinarily the amount of maintenance is granted from the date of the order passed by the court, section 24 of the act nowhere postulates such a condition. the foundation for the view has not been indicated ..... date of institution of the suit. this has been characterised as illegal by the learned counsel for the husband-petitioner.5. the object of section 24 is to ensure that a party to a proceeding does not suffer during pendency of the proceeding by reason of poverty and such party ..... 2. the plaintiff-petitioner has instituted o. s. no. 190 of 1986 (i) in the court of subordinate judge, nayagarh praying for dissolution of marriage. stand of the, wife-opposite party 'is that the husband has illegally deserted her and the minor child, and the suit has been filed with .....

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