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Search Results Judgments > Phrase:HINDU MARRIAGE ACT, 1955 Section 24 Court:Supreme

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 ...

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 ... 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 ...

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 ...

Nov 24 1999

Velamuri Venkata Sivaprasad (D)By Lrs. Vs. Kothuri Venkateswarlu (D)By ...

  • Decided on : 24-Nov-1999

Court : Supreme Court of India

Reported in : AIR2000SC434; (1999)3CALLT90(SC); I(2000)DMC1SC; JT1999(9)SC242; 1999(7)SCALE224; (2000)2SCC139; [1999]Supp4SCR522; 2000(1)LC505(SC)

... infirmity, as to whether it is fundamental or otherwise...42. It is in this context one may also consider that Hindu Marriage Act provides annulment of the marriage under Section 11 and the same statute under Section 16 legitimised the children of otherwise void marriages. It is thus a statutory recognition of limited voidness and not a nullity. The reliance was placed on the decision ... a-vis Section 125 of Cr.P.C. and cannot possibly lend any assistance in the matter of interpretation of Section 14(1) of 1956 Act or Section 2 of the Act of 1856.54. Incidentally, Section 24 of the Succession Act of 1956 placed certain restrictions on certain specified widows in the event of there being a remarriage: while it is true that Section speaks of ... with the effect of Section 2 of the Hindu Widows Re-marriage Act, 1856 and the Division Bench of the Madras High Court came to a conclusion that by reason of Section 4(1)(b) of the latter Act, of the Hindu Succession Act, 1956. Section 14 prevails over Section 2 of the 1856 Act and as such re-marriage will not create any divestation. The re-marriage spoken of in ... , whether re-marriage of a widow prior to Hindu Succession Act, 1956 would divest her of even the limited ownership of her deceased husband's property, having due regard to the provisions of Section 2 of Hindu Widow's Re-marriage Act, 1856 (hereinafter referred to as 'the Act of 1856'); and secondly, whether disqualification of inheritance, if any, by reason of re-marriage would stand ...

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 29 1989

Smt. Lata Kamat Vs. Vilas

  • Decided on : 29-Mar-1989

Court : Supreme Court of India

Reported in : AIR1989SC1477; [1989]2ITR48(SC); JT1989(3)SC48; 1989MPLJ372(SC); 1989(1)SCALE867; (1989)2SCC613; [1989]2SCR137; 1989(2)LC192(SC)

... Act do not provide for an appeal, under the Hindu Marriage Act but it is only provided in Clause (4) of Section 28 of the Hindu Marriage Act. Thus the limitation provided in Clause (4) of Section 28 is different from the Schedule of the Limitation Act. According to Clause (2) of Section 29, provisions contained in Sections 4 to 24 ... Hindu Marriage Act but it is only provided in Clause (4) of Section 28 of the Hindu Marriage Act. Thus the limitation provided in Clause (4) of Section 28 is different from the Schedule of the Limitation Act. According to Clause (2) of Section 29, provisions contained in Sections 4 to 24 will be applicable unless they are not expressly excluded. It is clear that the provisions of the Act ... Section 28 of the Hindu Marriage Act. Thus the limitation provided in Clause (4) of Section 28 is different from the Schedule of the Limitation Act. According to Clause (2) of Section 29, provisions contained in Sections 4 to 24 will be applicable unless they are not expressly excluded. It is clear that the provisions of the Act do not exclude operation of provisions of Sections 4 to 24 of the Limitation Act ...

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)

... contained 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 21 ... 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 and 25 C.P.C. from being applied to the proceedings under the Hindu Marriage Act. A large number of authorities were referred to by counsel ... 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 ... at 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 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 ...

Mar 23 1998

A.G. Varadarajulu & Anr. Vs. The State of Tamilnadu & Ors.

  • Decided on : 23-Mar-1998

Court : Supreme Court of India

Reported in : 1998IIIAD(SC)363; AIR1998SC1388; JT1998(2)SC597; (1998)IIMLJ133(SC); 1998(2)SCALE441; (1998)4SCC231; [1998]2SCR390; 1998(1)LC553(SC)

... within section 3(42) of the Act. Therefore the fact that she had, as on 15.2.1970, a right to maintenance against this property which later crystalised into the allotment of this property in her favour on 24.9.1970 is not sufficient. Neither under the customary Hindu law, nor under the Hindu Marriage Act, 1955 nor under the Hindu Succession Act, 1956 nor under the Hindu Adoptions and Maintenance Act ... Act, i.e. 15.2.1970, within section 3(42) of the Act. Therefore the fact that she had, as on 15.2.1970, a right to maintenance against this property which later crystalised into the allotment of this property in her favour on 24.9.1970 is not sufficient. Neither under the customary Hindu law, nor under the Hindu Marriage Act, 1955 nor under the Hindu Succession Act, ... may be entitled for maintenance and marriage expenses, but she was not entitled to a share on partition either under the customary Hindu law or even under the Hindu Succession Act, 1956 or Hindu Adoptions and Maintenance Act, 1956. Therefore, a daughter being not entitled to a share on partition, the notionally working out of her share under Section 3(3)(i) stands legislatively excluded.' ... to personal laws but that is different.24. Under this very Act, Venkataramaiah, J. (as he then was) in M. Ramakrishnan v. State of Madras, : [1980]1SCR396 , stated that the definition of 'stridhana land' in section 3(42) 'is not used in the Act in the sense in which it is used in Hindu Law. The Act is applicable to Hindus as well as ...

Oct 20 1981

Smt. Jeewanti Pandey Vs. Kishan Chandra Pandey

  • Decided on : 20-Oct-1981

Court : Supreme Court of India

Reported in : AIR1982SC3; 1981(3)SCALE1641; (1981)4SCC517; [1982]1SCR1003; 1982(14)LC57(SC)

... entertain and try the petition for annulment of marriage filed by the respondent under Section 12 of the Act. 14. In the result, the judgment of the High Court is set aside and the District Judge, Almora, is directed to return to the respondent the petition filed by him for nullity of marriage under Section 12 of the Hindu Marriage Act, 1955 for presentation to the proper court, i ... pregnancy could not be hidden from the vision of any person. The plea of respondent that he did not know on 24.1.1976 that the petitioner was pregnant cannot be believed. The respondent thus knew at the time of marriage that the petitioner was pregnant. The very fact that he married her of his own free will would justify the conclusion ... judgment of the Allahabad High Court, is whether the Court of the District Judge, Almora had jurisdiction to entertain the petition for nullity of marriage filed by the respondent under Section 12 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act'). 2. To bring out the point, it is necessary to state a few facts. It appears that the parties originally belonged to village ... ) and (iii) of Section 19 of the Act are not present to invest the Court of the District Judge, Almora to entertain the petition for annulment of marriage filed by the respondent under Section 12 of Act, 11. The question that arises is whether the learned District Judge was invested with jurisdiction by reason of Clause (ii) of Section 19 of the Act, i.e. whether, at ...

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