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

Nov 04 2008

Rajesh Burmann Vs. Mitul Chatterjee (Burman)

  • Decided on : 04-Nov-2008

Court : Supreme Court of India

Reported in : AIR2009SC651; 2009(4)BomCR455; II(2009)DMC830SC; (2009)1GLR783(SC); [2009(1)JCR133(SC)]; (2009)153PLR533; (2009)1SCC398:2008AIRSCW7830:2008(6)LHSC4337

... Construing the word `support' in Section 24 of the Hindu Marriage Act, 1955, the Court held that the word `support' occurring in the said section can be given the same meaning attributed to the word `maintenance' as defined in Section 3 of the Hindu Adoptions and Maintenance Act, 1956 which would include provisions for ... Pradeep Kumar Kapoor v. Ms. Shailja Kapoor : AIR1989Delhi10 , the High Court of Delhi interpreted `maintenance' and `support' under Section 24 of the Hindu Marriage Act, 1955 and observed; Under Section 24 of the Act, the court has to see if the applicant who may either be wife or husband has no ... Act would include food, clothing, residence, education, medical attendance and treatment.28. In R. Suresh v. Smt. Chandra : ILR2003KAR1638 , a similar question arose before the High Court of Karnataka. Construing the word `support' in Section 24 of the Hindu Marriage Act, 1955, the Court held that the word `support' occurring in the said section can be given the same meaning attributed to the word `maintenance' as defined in Section ... Hindu Marriage Act, 1955, the Court held that the word `support' occurring in the said section can be given the same meaning attributed to the word `maintenance' as defined in Section 3 of the Hindu Adoptions and Maintenance Act, 1956 which would include provisions for food, clothing, residence, education, medical attendance and treatment.29. Recently, in Ajay Saxena v. Smt. Rachna Saxena : AIR2007Delhi39 , analysing the provisions of Hindu ...

Oct 23 2002

Amarjit Kaur Vs. Harbhajan Singh and Anr.

  • Decided on : 23-Oct-2002

Court : Supreme Court of India

Reported in : 2003(1)AWC344(SC); (2003)2CALLT23(SC); I(2006)DMC27SC; JT2002(9)SC440; (2006)142PLR385; (2003)10SCC228; 2003(2)WLN671

... under Section 13 of the Hindu Marriage Act, 1955 before the court of learned district judge, Ludhiana seeking dissolution of the marriage by grant of a decree for divorce on the grounds of alleged adultery and cruelty. The said petition is still pending for trial and final disposal. Pending the said petition, the appellant herein filed an application under Section 24 of the Hindu Marriage Act, 1955 claiming ... under Article 136 of the Constitution of India. 7. We have carefully considered the submissions of learned counsel appearing on either side. 8. Section 24 of the Hindu Marriage Act, 1955 empowers the court in any proceeding under the Act, if it appears to the court that either the wife or the husband, as the case may be, has no independent income ... relevance, at the stage of granting interim or pendente lite maintenance and that the consideration in this regard has to be confined to the criteria specified in Section 24 of the Hindu Marriage Act, 1955. It was also pointed out that imposition of a condition which will operate as a disfeasance clause, to deprive the very maintenance order to be paid, ... awarding interim maintenance, as long as the marriage, the dissolution of which has been sought, cannot be disputed, and the marital relationship of husband and wife subsisted. As noticed earlier, the relevant statutory consideration being only that either of the party, who was the petitioner in the application under Section 24 of the Act, has no independent income sufficient ...

Aug 27 1997

Smt. Jasbir Kaur Sehgal Vs. District Judge, Dehradun and others

  • Decided on : 27-Aug-1997

Court : Supreme Court of India

Reported in : AIR1997SC3397; 1997(5)ALT25(SC); 1997(2)BLJR1711; II(1997)DMC338SC; JT1997(7)SC531; (1998)IMLJ28(SC); 1997(II)OLR(SC)379; (1998)119PLR515; RLW1998(1)SC105; 1997(5)SCALE579;

... High Court of Judicature at Allahabad. She is aggrieved by the impugned judgment under which she was awarded maintenance pendente lite under Section 24 of the Hindu Marriage Act, 1955 (for short 'the Act') at the rate of Rs. 1500/- per month. On an application filed by the wife in the trial Court in ... Hindu Adoptions & Maintenance Act, 1956 it is the obligation of a person to maintain his unmarried daughter if she is unable to maintain herself. In this case since the wife has no income of her own, it is the obligation of the husband to maintain her and her two unmarried daughters one of whom is living with wife and one with him. Section 24 ... maintenance under Section 24 of the Act should be granted. The discretion of the court would depend upon multiple circumstances which are to be kept in view. These could be the time taken to serve the respondent in the petition; the date of filing of the application under Section 24 of the Act; ... and her two unmarried daughters one of whom is living with wife and one with him. Section 24 of the Act no doubt talks of maintenance of wife during the pendency of the proceedings but this section, in our view, cannot be read in isolation and cannot be given restricted meaning ... under the Act. Having thus fixed the date as the filing of the petition for divorce it is not always that the court has to grant the maintenance from that date. The Court has discretion in the matter as to from which date maintenance under Section 24 of the Act should be ...

Sep 26 2008

Durgesh Sharma Vs. Jayshree

  • Decided on : 26-Sep-2008

Court : Supreme Court of India

Reported in : 2008(4)AWC4160(SC); 2008(5)CTC444; II(2008)DMC675SC; 2008(4)KLT169(SC); 2009(1)MhLj66; (2008)8MLJ944(SC); 2008(13)SCALE54; (2008)9SCC648

... 69. This Court considered the provisions of Sections 24 and 25 of the Code prior to and after the Amendment Act of 1976 and also Sections 21 and 21A of the Hindu Marriage Act, 1955 and held that a transfer petition under Section 25 of the Code would be maintainable irrespective of the provisions of Sections 21 and 21A of the Hindu Marriage Act which did not exclude the jurisdiction ... Hindu Marriage Act, 1955 against A in Rajasthan Court. A filed a transfer petition under Section 25 of the Code in this Court (Supreme Court) for transfer of B's suit from Rajasthan to Andhra Pradesh.69. This Court considered the provisions of Sections 24 and 25 of the Code prior to and after the Amendment Act of 1976 and also Sections 21 and 21A of the Hindu Marriage Act, 1955 ... under Section 25 of the Code in this Court (Supreme Court) for transfer of B's suit from Rajasthan to Andhra Pradesh.69. This Court considered the provisions of Sections 24 and 25 of the Code prior to and after the Amendment Act of 1976 and also Sections 21 and 21A of the Hindu Marriage Act, 1955 and held that a transfer petition under Section 25 ... Section 25 as it stands now.59. No case has come up before this Court interpreting the provisions of Sub-section (3) of Section 23 in juxtaposition of Section 25 of the Code. There are, however, judicial pronouncements by some High Courts.60. In Priyavari Mehta v. Priyanath Mehta : AIR1980Bom337 , A-wife filed a matrimonial petition under Section 13 of the Hindu Marriage Act, 1955 ...

Mar 23 2009

Anu Kaul Vs. Rajeev Kaul

  • Decided on : 23-Mar-2009

Court : Supreme Court of India

Reported in : 2009(2)AWC1732(SC); 2009(3)BomCR767; JT2009(4)SC197; 2009(4)SCALE373; (2009)13SCC209

... reason best known to him, has not entered appearance either in person or through his counsel.5. Marriage between the parties and birth of the female child Karmistha Kaul is not in dispute. The assertion of the appellant in the application filed under Section 24 of Hindu Marriage Act, 1955 that the respondent is working as a Senior Head of Mukund Steel Ltd., having its head office ... by the judgment and decree passed by Addl. District Judge (Ad-hoc), Fast Track Court No. 3, Faridabad, dated 04.06.2005, the appellant herein had filed an application under Section 24 of Hindu Marriage Act, 1955, for the grant of interim maintenance of Rs. 10,000/- (Rupees Ten Thousand only) and the litigation expense of Rs. 22,000/- (Rupees Twenty Two Thousand only). The application ...

Mar 21 2006

Naveen Kohli Vs. Neelu Kohli

  • Decided on : 21-Mar-2006

Court : Supreme Court of India

Reported in : AIR2006SC1675; 2006(2)AWC1057(SC); 2006(5)BomCR240; 2006(2)CTC510; 128(2006)DLT360(SC); I(2006)DMC489SC; (2006)3GLR2182; [2006(3)JCR128(SC)]; JT2006(3)SC491; 2006(4)MhLj242; (2006)4SCC558

... 2. The appellant and the respondent are husband and wife. The appellant has filed a petition under the Hindu Marriage Act, 1955 for divorce. The Family Court after comprehensively dealing with the matter ordered cancellation of marriage between the parties under Section 13 of the Hindu Marriage Act which was solemnized on 20.11.1975 and directed the appellant to pay Rs. 5 lacs as her ... 13. On 31.3.1999, the respondent have sent a notice for breaking the Nucleus of the HUF.14. The respondent filed a complaint against the appellant under Section 24 of the Hindu Marriage Act.15. The respondent had withdrawn Rs. 9,50,000/- from the bank account of the appellant in a clandestine manner.16. On 22.1.01 the respondent ... the ground of cruelty. It may be pertinent to note that, prior to the 1976 amendment in the Hindu Marriage Act, 1955 cruelty was not a ground for claiming divorce under the Hindu Marriage Act. It was only a ground for claiming judicial separation under Section 10 of the Act. By 1976 Amendment, the Cruelty was made ground for divorce. The words which have been incorporated are ... Irretrievable Breakdown of Marriage particularly with reference to recently decided cases.Impact of Physical and Mental Cruelty in Matrimonial Matters.29. The petition for divorce was filed primarily on the ground of cruelty. It may be pertinent to note that, prior to the 1976 amendment in the Hindu Marriage Act, 1955 cruelty was not a ground for claiming divorce under the Hindu Marriage Act. It ...

Apr 21 1997

Chigurupati Bambasiva Rao Vs. Chigurupati Vijayalaxmi

  • Decided on : 21-Apr-1997

Court : Supreme Court of India

Reported in : JT1999(4)SC648; (1997)11SCC84

ORDER1. Leave granted.2. The impugned order was passed by the High Court in its first appellate jurisdiction. Pending appeal the husband-petitioner was subjected to an interim order under Section 24 of the Hindu Marriage Act, 1955.directing him to pay maintenance pendente lite at the rate of Rs. 500 per mensem to the wife -respondent and Rs. 250 per month to each of the minor daughters. The appeal was dismissed whereby claim for a decree of divorce on the ground of desertion was declined. The order of maintenance was ordered to continue even thereafter. Now, a challenge herein is made as to the continuation of the said order beyond the date of dismissal of the appeal. We do not intend to go into the legalistics of the controversy but having regard to the fact that the claim of the wife and the children respecting maintenance is valid otherwise against the husband under Section 125 Cr.P.C, we pass this order to do complete justice between the contestants inasmuch as ordering that the said amount shall be taken to have been awarded as maintenance under Section 125 Cr.P.C both to the wife as well as to the children, for those sums are well within the confines of the aforesaid provision. The appeal, thus stands disposed of on these terms.

Feb 23 2009

Sanjeev Gupta Vs. Shalini Gupta

  • Decided on : 23-Feb-2009

Court : Supreme Court of India

ORDER1. Leave granted.2. During the pendency of H.M.A. Case No. 158 of 2003 instituted by the appellant under Section 9 of the Hindu Marriage Act, 1955 [for short, `the Act'], the respondent filed an application under Section 24 of the Act for interim maintenance. By an order dated 22nd May, 2004, District Judge, Yamuna Nagar, directed the appellant herein to pay interim maintenance to the respondent at the rate of Rs. 750/- per month, apart from Rs. 1,100/- as litigation expenses. The respondent challenged that order by filing a petition under Article 227 of the Constitution of India. By the impugned order, the High Court directed the appellant to pay Rs. 5,000/- per month to the respondent as interim maintenance. The High Court also enhanced the litigation expenses from Rs. 1,100/- to Rs. 10,000/-.3. We have heard learned Counsel for the parties.4. A reading of the order under challenge shows that even though the respondent did not produce any evidence about the income of the appellant, the High Court enhanced the interim maintenance by assuming the appellant's income is Rs. 15,000/- per month. Learned Counsel appearing on behalf of the respondent could not show that there was any material for enhancing the maintenance. Therefore, we hold that the High Court was not justified in enhancing the amount of maintenance.5. Accordingly, the appeal is allowed and the impugned order passed by the High Court is set aside.

Mar 13 1981

Guda Vijayalakshmi Vs. Guda Ramachandra Sekhara Sastry

  • Decided on : 13-Mar-1981

Court : Supreme Court of India

Reported in : AIR1981SC1143; 1981(1)SCALE794; (1981)2SCC646; [1981]3SCR223; 1981(13)LC695(SC)

... in Section 25 C.P.C. is excluded by reason of Section 21 of the Hindu Marriage Act, 1955. Section 21 of the Hindu Marriage Act merely provides : 'Subject to other provisions contained in this Act and to such rules as the High Court may make in that behalf, all proceedings under this Act shall be regulated, as far as may be, by the CPC, 1908'. In terms Section ... Hindu Marriage Act makes applicable to all the proceedings under the Act only such provisions of C.P.C. as relate to the regulation of proceedings i.e. such provisions which deal with procedural matters only, Section 25 C.P.C. is not applicable. He also urged that Section 21A(3) of the Hindu Marriage Act also makes the above position clear beyond doubt by specifically excluding Sections 24 ... to entertain this application under Section 25 of the CPC and Section 21 and Section 21A of the Hindu Marriage Act do not, in any way, exclude, affect or curtail the power conferred on this Court under Section 25 of the CPC. I may incidentally add that the present Section 25 in the CPC came into force after Section 21 and 21A have been incorporated in the Hindu Marriage Act, 1955 ... Eluru. He urged that Section 25 of C.P.C. gets excluded by reason of the provisions of Section 21 and 21A of the Hindu Marriage Act 1955. According to him Section 25 C.P.C. deals with the substantive law and not procedural law and since Section 21 of the Hindu Marriage Act makes applicable to all the proceedings under the Act only such provisions of C. ...

Aug 11 2005

Rita Dutta and Anr. Vs. Subhendu Dutta

  • Decided on : 11-Aug-2005

Court : Supreme Court of India

Reported in : AIR2006SC189; 2005(6)ALT7(SC); 2005(4)AWC3861E(SC); 2005(5)BomCR512; (SCSuppl)2006(1)CHN6; II(2005)DMC384SC; [2005(4)JCR100(SC)]; JT2005(7)SC279

... the Hindu Marriage Act, 1955 [for short 'the Act'] alleging therein that the appellant No. 1 had been meeting out unmitigated and relentless cruelty, both mental and physical. All these allegations have been denied by appellant No. 1. Respondent left the matrimonial home and started residing with his brother's family at 6B, Waverly Lane, Taltola, Calcutta.5. Appellant No. 1 filed an application under Section 24 ... all her time and energy for the upbringing of her sons and to look after her husband.4. After 20 years of marriage on 05.04.2002 respondent No. 1 initiated divorce proceedings under Section 13 of the Hindu Marriage Act, 1955 [for short 'the Act'] alleging therein that the appellant No. 1 had been meeting out unmitigated and relentless cruelty, both mental and physical. All these ... No. 1. Respondent left the matrimonial home and started residing with his brother's family at 6B, Waverly Lane, Taltola, Calcutta.5. Appellant No. 1 filed an application under Section 24 of the Act in the Court of 13th Additional District Judge at Alipore, Calcutta claiming maintenance for herself and her two sons from the respondent. She claimed maintenance of Rs. 25,000 ... to Rs. 2,300/- per month, total of which comes to Rs. 7,000/- per month. Modified order will take effect from the date of filing of application under Section 24 of the Act.13. Respondent is directed to pay the maintenance allowance by 10th of every month. Arrears be paid in the next six months in equal instalments along with the ...

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