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

Nov 16 1999

Padmahasini Alias Padmapriya Vs. C.R. Srinivas

  • Decided on : 16-Nov-1999

Court : Supreme Court of India

Reported in : AIR2000SC68; 2000(1)ALT6(SC); 2000CriLJ187; I(2000)DMC30SC; JT1999(9)SC147; 1999(7)SCALE124; (1999)8SCC711; 2000(1)LC496(SC); (2000)1UPLBEC64

... a male and a husband, thus clearly manifesting intentions and depicting the mind of the learned Judge against my lawful claim, violating Article 14 of the Constitution and also Section 24 of the Hindu Marriage Act, thus falling into contempt. His Lordship Hon'ble Mr. Justice Kuldip Singh was totally responsible for making this unlawful clarification regarding the prosecution of the main O.P. through ... the sanctity of the mandatory provisions and established dictates of law', the respondent has byimplication attributed ulterior motive to the learned Judge. Fair criticism is that which while criticising the act of a Judge does not impute any ulterior motive to him. The respondent by alleging that on extraneous considerations and by misusing the power and authority of a Judge, the ... criticism when he made the above quoted offending statements. The offending statements made in paragraph 3 and the implications thereof have the effect of conveying that the learned Judge had acted with bias and was partial to the other side. By alleging that the learned Judge had 'thwarted justice, flouted law, denigrated the face of the judiciary and ridiculed the sanctity ... did not or could not remain present on the date of hearing or because this Court could not hear it on that day. After considering the explanation, this Court on 24.2.1995 decided to issue 'Rule'. Fresh notice under Rule 6 and in Form No. 1 was issued and the respondent was called upon to show cause why he should ...

Mar 14 2007

Deepak Jain Vs. Charu Jain

  • Decided on : 14-Mar-2007

Court : Supreme Court of India

Reported in : 2007(3)ALT31(SC); 2007(3)AWC3154(SC); I(2007)DMC576SC; [2008(1)JCR136(SC)]; (2007)3MLJ819(SC); 2007(4)SCALE399; (2007)10SCC229

... Court against the order of Addl. District Judge, Delhi in H.M.A. Case No. 149 of 2003 whereby the said court had disposed of the application filed under Section 24 of the Hindu Marriage Act and fixed an interim maintenance at the rate of 12,000/- per month from the date of filing of the application together with litigation expenses of Rs. 11,000 ...

Jan 19 2009

Sipra Bhattacharyya Vs. Dr. Apares Bhattacharyya

  • Decided on : 19-Jan-2009

Court : Supreme Court of India

Reported in : 2009AIRSCW1932; 2009(2)AWC1818(SC); 2009(5)BomCR443; 2009(3)MPHT184; 2009(1)SCALE662; (2009)4SCC366; 2009(2)SCC(Cri)296; 2009(3)KCCRSN103.

... source of income, having been left entirely on her own to fend herself, had to file an application under Section 24 of the Hindu Marriage Act (in short, 'the Act') seeking alimony pendente lite.4. By an order dated 30th of May, 2003, the application under Section 24 of the Act was partly allowed and the appellant was awarded by the trial Court a sum of Rs. 4000/- per ... the following manner:(1) The wife/appellant shall be entitled to Rs. 7000/- per month instead of Rs. 4000/- per month from the date of filing the application under Section 24 of the Act.(2) The arrears of maintenance i.e. difference of Rs. 3000/- per month i.e. from Rs. 4000/- to Rs. 7000/- would be paid/deposited by the husband/respondent ... parties. In our view, the High Court was not justified in passing the impugned order in the manner it has done. It is not disputed that the application under Section 24 of the Act was partly allowed by the trial Court in the year 2003 i.e. at least five years back. She has already filed an application before the trial Court for ...

Jan 31 1997

Sudeep Chaudhary Vs. Radha Chaudhary

  • Decided on : 31-Jan-1997

Court : Supreme Court of India

Reported in : AIR1999SC536; 1999CriLJ466; JT1998(9)SC473; (1997)11SCC286

... that the Magistrate was in error in directing adjustment of the maintenance amount awarded under Section 125 of the Cr.P.C. against the amount awarded under Section 24 of the Hindu Marriage Act.6.We are of the view that the High Court was in error. The amount awarded under Section 125 of the Cr.P.C. for maintenance was adjustable against the amount awarded in ... the respondent-wife are estranged. The wife filed an application under Section 125 of the Criminal Procedure Code for maintenance which was awarded at the rate of Rs. 350/- p.m. with effect from 3rd July, 1990, and was subsequently enhanced to Rs. 500/- p.m.4. In proceedings under the Hindu Marriage Act the wife sought alimony. It was granted at the rate ... the husband and the wife are to be balanced. We, therefore, direct that the husband shall pay to the wife towards maintenance (which now comprehends both the amount awarded under Section 125 of the Cr.P.C. and the amount awarded in the matrimonial proceedings) the sum of Rs. 1,000/- p.m. commencing from 3rd July, 1990. The arrears, if ...

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. ...

Nov 05 2004

Ruchi Agarwal Vs. Amit Kumar Agrawal and Ors.

  • Decided on : 05-Nov-2004

Court : Supreme Court of India

Reported in : 2005(1)ALD(Cri)106; I(2005)DMC82SC; JT2004(10)SC475; RLW2005(2)SC202; 2004(9)SCALE375; (2005)3SCC299

... agreed to withdraw his petition filed under Section 9 of the Hindu Marriage Act pending before the Senior Judge, Civil Division, Rampur and also agreed to give a consent divorce as sought for by the appellant.7. It is based on the said compromise the appellant obtained a divorce as desired by her under Section 13(B) of the Hindu Marriage Act and in partial compliance of ... within one month of the compromise deed which included the complaint under Sections 498A, 323 and 506 IPC and under Sections 3 and 4 of Dowry Prohibition Act from which complaint this appeal arises. In the said compromise, the respondent- husband agreed to withdraw his petition filed under Section 9 of the Hindu Marriage Act pending before the Senior Judge, Civil Division, Rampur and also agreed ... that she wanted a divorce and that there is no dispute in relation to any amount pending. The Court, after recording the said statement, granted a divorce under Section 13B of the Hindu Marriage Act, dissolving the marriage by mutual consent by its order dated 3.3.2004.5. In the compromise petition, referred to herein above, both the parties had agreed to withdraw ... appellant.7. It is based on the said compromise the appellant obtained a divorce as desired by her under Section 13(B) of the Hindu Marriage Act and in partial compliance of the terms of the compromise she withdrew the criminal case filed under Section 125 of the Criminal Procedure Code but for reasons better known to her she did not withdraw that complaint ...

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 ...

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 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 ...

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 ...

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