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Search Results Judgments > Act:HINDU MARRIAGE ACT, 1955 Section 24 Court:Orissa

Mar 02 2010

ARUN KUMAR NAYAK. Vs. URMILA JENA @ URMILA NAYAK.

  • Decided on : 02-Mar-2010

Court : Orissa

... make application for award of maintenance to the minor child also. In Smt. Jasbir Kaur Sehgal vrs.- The District Judge, Dehradun and others (supra), arising out of proceeding under Section 24 of the Hindu Marriage Act, 1955, it has been laid down by the Hon'ble Supreme Court that if the wife has no independent income or support and for litigation expenses and also maintaining her ... under Section 125 of the Cr.P.C. has to be a legally married wife and that the Hindu Marriage Act does not recognize a second marriage during subsistence of previous marriage. However, in the present case, it is observed that the petitioner in his written statement did not deny status of the opposite party as his wife as claimed by her in the application under Section ... .P.W.2 prior to his marriage, if any, with the opposite party, it is argued that the term 'wife' refers only to legally married wife. If either party has a spouse living at the time of marriage, marriage is invalid and void under the Hindu Marriage Act. Marriage of a woman with a man already having spouse living as per Hindu rites is a complete nullity. In ... been laid down that in proceedings under Section 125 of the Cr.P.C., which are summary in nature, strict proof of performance of essential rites is not required. In the present case, opposite party categorically pleaded, and also laid evidence to substantiate the pleading, that her marriage with the petitioner was solemnized as per Hindu rites and customs. In his written statement ...

Jun 26 2002

Deepika Maharana Vs. Prasanna Maharana @ Prasanna Kumar Maharana

  • Decided on : 26-Jun-2002

Court : Orissa

Reported in : 94(2002)CLT168; 2002(II)OLR311

... his best efforts, the dissensions between him and the petitioner could not be ironed for which he had no way out but to file the petition for divorce under Section 13 of the Hindu Marriage Act before the Judge, Family Court, Rourkela which has been registered as C.P. No. 147 of 1999. It is further stated that though notice was duly served on ... the meanwhile been transferred from Sambalpur. The grounds on which the transfer of the case from Rourkela is sought, accordingly to me, are sufficient to exercise discretionary power conferred under Section 24, CPC to transfer the Civil Proceeding pending before the Judge, Family Court, Rourkela to the Judge, Family Court, Cuttack which is also a specially constituted Court to deal with matrimonial ... , has filed this application under Section 24 read with Section 151 of the Code of Civil Procedure, 1908 inter alia praying to transfer Civil Proceeding No. 147 of 1999 pending adjudication before the Judge, Family Court, Rourkela to the Judge, Family Court, Cuttack.2. It is alleged that the petitioner married the opposite party as per the Hindu rites and customs on April 19 ... to transfer the case from one court to another, if that is considered expedient to meet the ends of justice. Thus, the paramount consideration while dealing with a petition under Section 24 of the Code of Civil Procedure must be to see that justice according to law is done. If for achieving that objective the transfer of a case is imperative, there ...

Mar 18 1969

Bhalu Naik Vs. Hemo Naikani

  • Decided on : 18-Mar-1969

Court : Orissa

Reported in : AIR1969Ori236; 35(1969)CLT532

... The wife-respondent filed an application under section 24 for interim 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 ... 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 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 ... 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 maintenance ... remand the whole matter back to him with the direction that he shall afford an opportunity to the wife-applicant to take steps to conform to Rule 13 of the Hindu Marriage and Divorce Rules, 1956, and thereafter he shall call upon the applicant to adduce such evidence as she may think fit and proper, in support of her plea. The ...

Jun 22 2000

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

  • Decided on : 22-Jun-2000

Court : Orissa

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

... Suit No. 436 of 1997 against the present petitioner for dissolution of the marriage, which 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 ... 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 directed by the Sub-Divisional Judicial Magistrate, Balasore in a proceeding Under Section 125, Code of Criminal Procedure. The ... 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 with in the said Act.'Though under the Hindu Marriage Act a proceeding can be initiated in the ... 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 order Under Section 24 can be entertained.3. The next question is as to whether against the order of the Civil Judge (Senior Division) deciding an interlocutory matter under the Hindu Marriage Act ...

Oct 23 1986

Somanath Jena Vs. Smt. Sabitri Jena and Anr.

  • Decided on : 23-Oct-1986

Court : Orissa

Reported in : AIR1987Ori251

... -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. ... . 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 an ... 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 bad ...

Nov 20 1990

Ram Chander Agarwalla Vs. Mrudula Poddar @ Agarwalla

  • Decided on : 20-Nov-1990

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 ... Chander 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 ... 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 ...

Jul 26 1976

Mansaram Sharma Vs. Saraswati Devi

  • Decided on : 26-Jul-1976

Court : Orissa

Reported in : AIR1977Ori55; 42(1976)CLT969

... 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 ... 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 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 ... 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 appellant ... the appellant to pay interim maintenance and litigation expenses as mentioned in the impugned order was made under pressure exerted by the court below, and so this court should not act on the basis of the said concession. In the impugned order it is stated that 'the opposite party (the appellant herein) offers to pay interim maintenance at the rate of ...

Feb 27 1989

Khadal Penthi Vs. Hulash Dei and Anr.

  • Decided on : 27-Feb-1989

Court : Orissa

Reported in : AIR1989Ori137; 67(1989)CLT767

... 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 the proceeding. No suit is contemplated under Section 18 of the Hindu Adoptions and Maintenance Act ... 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 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 ... 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 ... 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 Act. It was further urged in the said appeal that until the decree for ...

May 05 1998

Swarna Prava Tripathy and Anr. Vs. Dibyasingha Tripathy and Anr.

  • Decided on : 05-May-1998

Court : Orissa

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

... 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 ... 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 a party to the proceeding. Sub-section (1) of Section 28 of the Act ... 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 a party to the proceeding. Sub-section (1) of Section 28 of the Act provides that all decrees passed in any proceeding under that law are appealable. However, sub-section ... factors make the principle inapplicable. Firstly, the direction by the Civil Court is not a final determination under the Hindu Adoptions and Maintenance Act but an order pendente lite, under Section 24 of the Hindu Marriage Act to pay the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the ...

Aug 03 1984

V. Krishnaveni Vs. V. Narasingha Rao and Anr.

  • Decided on : 03-Aug-1984

Court : Orissa

Reported in : 1984(II)OLR838

... in M. J. C. No. 39 of 1979 refusing to execute an order dated 29.11.1972 under Section 24 of the Hindu Marriage Act (hereinafter referred to as the 'Act') passed in favour of the petitioner in Original Suit No. 1 of 1973 in which she prayed for ... -debtor-O. P. from 2. 11. 19.97 u/s. 24 of the Hindu Marriage Act and at the rate of Rs.l00/- towards her litigation expenses in M. J. C. No. 46/73 u/s. 24 of the Hindu Marriage Act as an interim maintenance. Against the said order, the judgment- ... Act. According to the provisions of Section 28A the petitioner initiated Execution Proceeding No. 2 of 1979 for enforcement of the order dated 29.11.1972 under Section 24 of the Act. Article 136 of the Limitation Act provides a limitation of twelve years for execution of any decree or order in any Civil Court when they become enforceable. The order under Section 24 of the Act ... Section 28A was introduced by Act No. 68 of 1976 so as to provide a forum for enforcement of decrees and orders made under the Act. According to the provisions of Section 28A the petitioner initiated Execution Proceeding No. 2 of 1979 for enforcement of the order dated 29.11.1972 under Section 24 of the Act. Article 136 of the Limitation Act ... years, it was within limitation under Act. 136 of the Limitation Act. The learned Subordinate Judge did not keep himself abreast of the law and, therefore, committed a serious illegality in refusing to enforce the order under Section 24 of the Act. Therefore, the impugned order cannot ...

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