Court : Patna
..... 27/96, by which the learned 1st additional district judge, begusarai had rejected the defendant's (wife) petition under section 24 of the hindu marriage act, 1955 (hereinafter referred to as 'the act') for the sake of brevity).3. by the order under review this court had directed the plaintiffs- petitioner to pay rs. 2,000/- ..... the opposite party further submits that section 36 of the indian divorce act is not attracted in the instant case as the said act is for the christians, whereas parties to this revision are hindus and are governed by the hindu marriage act, 1955 in which no such limitation of 1/5th of the salary is prescribed ..... herself. learned counsel for the petitioner has tried to take help of the provisions of indian divorce act but it is clearly not applicable to the parties of this case who are governed by hindu marriage act in which there is no provision for such limitation.8. so far the claim of the petitioner ..... that section 24 of the act cannot have any retrospective effect is concerned it is also against the specific provision ..... monthly instalments. it is also to be considered that the cost of litigation is a heavy burden on a wife who is facing dissolution of marriage and has no source of income of her own and also that the said cost occurs every month at least once. hence this court on .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1972Bom132; (1971)73BOMLR840; ILR1972Bom511; 1972MhLJ110
..... is necessary to bear in mind that there is a difference between the marriage under the special marriage act, 1954 and the marriage under the hindu marriage act, 1955. the special marriage act, 1954 provides a special form of marriage in certain cases. it is permissible to a hindu, by virtue of this act, to have his marriage with another hindu or a person belonging to any other community solemnized in accordance with the requirements ..... to notice that no ceremonies are necessary for the marriage being valid under that act. obviously, therefore, the marriage under the special marriage act, 1954, is a contract. the position under the hindu marriage act, 1955, however, is different. it is needless to say that marriage under the hindu law is treated as a samskara or a sacrament. the hindu marriage act, 1955, contemplates a ceremonial marriage which must be solemnized in accordance with the customary ..... importance to themselves and to society in general..........'these decisions, therefore, before and after the hindu marriage act, 1955, came into force, definitely show that the indian contract act, 1872, does not apply to the marriage under the hindu marriage act, 1955, and that the word 'fraud' used in section 12(1)(c) of the hindu marriage act does not mean any fraudulent representation or concealment. the test to be applied is whether .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1971Bom183; ILR1971Bom815
..... respect and give the necessary reliefs. but after passing of the hindu marriage act, 1955, the jurisdiction has been exclusively given to the district courts which have now to try the matters falling under the hindu marriage act. sarkar in his evidence act, eleventh edition, at page 466 states that a judgment of a court under the hindu marriage act, 1955 is one in the exercise of matrimonial jurisdiction and falls under ..... whole world. prior to the enactment of the hindu marriage act, 1955 so far as the hindus were concerned, there was no matrimonial jurisdiction to decide the questions regarding the matters connected with marriage, such as restitution of conjugal rights, judicial separation, divorce, nullity of marriage, declaration of a marriage as void etc. by enacting the hindu marriage act, 1955, act no. 25 of 1955, a special jurisdiction has now been conferred with ..... respect to the hindu inhabitants in relation to marital matters and now the district court is constituted a special court for determining the questions arising under the hindu marriage act. all these questions now arising under the hindu marriage act would be questions within .....Tag this Judgment!
Court : Mumbai
Reported in : AIR2001Bom445; 2002(1)ALLMR840; 2002(2)MhLj53
..... is pertinent to note that the petition was filed, under hindu marriage act, 1955 seeking a declaration that the marriage itself was void and also for maintenance, that is to say it was again a petition under hindu marriage act, 1955. shri milind patil, therefore, strongly contended that hindu marriage act, 1955 operates on a different level and hindu adoptions and maintenance act, 1956, operates in a different sphere. essential difference, ..... court, the aforesaid judgment of the apex court in the case of chand dhawan (supra). in view of the very categorical ruling on the interpretation of hindu adoptions and maintenance act and hindu marriage act, 1955 by the apex court, the judgment of the gujarat high court in the case of vihalal mangaldas patel (supra) holding that even a divorced wife ..... 151 of code of civil procedure. but section 151 of code of civil procedure cannot be resorted to fill in any other lacunae or lack of any provision, in, hindu marriage act, 1955.17. under these circumstances, mr. milind patil, learned counsel, contend that the lower appellate court has completely misapplied the law and misconstrued the legal provisions, especially, ..... district judge is of the view that even if gayabai is held to be divorced, she is still entitled to claim maintenance, in view of section 25 of hindu marriage act, 1955 r/w section 151 of code of civil procedure. accordingly, the lower appellate court had allowed the appeal filed by gayabai and had directed panditrao kalure to pay .....Tag this Judgment!
Court : Mumbai
Reported in : 2001(4)BomCR1; (2001)3BOMLR636; I(2002)DMC136; 2002(1)MhLj7
..... heir of the deceased rajendra kumar. in the present case, however, the question is not with respect to inheritance, as all the parties are very much alive. since under the hindu marriage act, 1955, monogamy is the rule, it cannot be said that indu and reeta both, at the same time, are bharat's legally wedded wives. it can only be said that keeping ..... rule 13 of the code of civil procedure were applicable to the proceedings under the hindu marriage act, but that, by virtue of section 21 of the hindu marriage act, article 123 as well as section 5 of the limitation act, 1963 was applicable to the suits and other proceedings under the hindu marriage act, 1955. mr. angal, therefore, submitted that there was nothing wrong when the family court condoned ..... had to maintain herself and the minor child shikha, whose responsibility bharat could not abdicate.20. we have heard mr. grover's submissions at length. since section 15 of the hindu marriage act, 1955 has much relevance and bearing in deciding this matter, it will be convenient to reproduce the same.'15. divorced persons when may marry again.- when a ..... judgment in smt. lila gupta v. laxmi narain. mr. grover drew our attention to section 15 of the hindu marriage act, 1955 and submitted that reeta's marriage with bharat was a legal and valid marriage, inasmuch as, it was solemnised after ex parte decree dissolving marriage of bharat with indu was passed on 12th september, 1989, and after the prescribed appeal period for challenging the .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1981Bom283; 1981(83)ARBLR312(Bom); 1982(1)BomCR80
..... , i may refer to certain recommendations made by the maharashtra state law commission in its ninth report on 'some aspects of the hindu marriage act, 1955'. one such aspect relates to the amendment of section 7 of the hindu marriage act, 1955. section 7 of the hindu marriage act, 1955 is already quoted above and with reference to that section, the commission had recommended certain simplification of ceremonies of ..... miseries. it is to be hoped that the government of maharashtra will give its anxious consideration to the report and to the proposed amendments in section 7 of the hindu marriage act, 1955, and take necessary steps in this direction.33. as far as the question of sentence is concerned, i have heard both, the learned counsel on both the ..... this stage, it will be of some interest to make reference to the recommendations of the maharashtra state law commission's ninth report on 'some aspects of the hindu marriage act. 1955'. the commission had recorded the views of scholars and persons all over the state familiar with these problems. one spokesman of the buddhist community who deposed deface the commission ..... the strait-jacket either of 'saptapadi' and 'lajja homa' or of this custom not being ancient within the meaning of section 7(2) read with section 3(a) of the hindu marriage act, 1955.24. the supreme court in several cases, that is, bhaurao lokhande v. state of maharashtra, : 1965crilj544 ; kanwal ram v. himachal pradesh administration, : 1966crilj472 and priya bala ghosh .....Tag this Judgment!
Court : Mumbai
Reported in : 1985(2)BomCR619; (1985)87BOMLR670; 1985MhLJ743
..... p.b. samant, j.1. these two matters arise under the hindu marriage act, 1955 (hereinafter referred to as the act) and raise three questions of law, two of which are common to both. hence they are heard together and are being disposed of by this common judgment.2. to appreciate ..... dev chadha v. smt. rani bala, where the learned judges have held that the aforesaid provision contained in the limitation act is restricted to suits and proceedings under the hindu marriage act and it does not apply to the appeals filed under the act. with utmost respect to the learned judges, we are of the view that the prohibition does not apply even to suits ..... of the marriage. the act deals with a fundamental and sacred institution of the ..... more than the requirements for passing a valid decree under the act which requirements are spelt out by the scheme of the act itself. the hindu marriage act like any other marriage law provides both for marriage and lays down certain conditions for the same. unless the said conditions are satisfied, there can be no valid marriage nor can there be a valid decree of separation or dissolution .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 1996IVAD(SC)333; AIR1996SC1963; 1996(2)BLJR971; II(1996)DMC82SC; JT1996(4)SC656; (1996)2MLJ82(SC); 1996(I)OLR(SC)598; 1996(4)SCALE131; (1996)4SCC76; Supp2SCR1
..... and prayers by the parties made before the altar of god. mr. k.p. saksena has reproduced the original sanskrit vows in his book 'commentaries on the hindu marriage act, 1955' from the 'vivah padathi' (marriage code according to laugakshi) complied and translated by pt. bindheswar nath razdan shastri, raj vaidya. the translated portion is given below :in the three mantras of ..... in order to decipher this question we have to have a peep into the background.35. before the enactment of the hindu marriage act, 1955 there existed general hindu law, based upon scriptures and shastras, including their exposition by scholars, which regulated marriages amongst hindus, there were different customs and usages prevalent in different parts of the country.36. in the malabar area ..... children born of such marriage would not be entitled to the benefit of statutory legitimacy or inheritance.9. it may be mentioned ..... null and void under section 11 of the hindu marriage act, 1955 and not to any other marriage. his contention further is that a marriage would be null and void under section 11 only if it is performed after the coming into force of the act and, therefore, all other marriages which were performed prior to the hindu marriage act, 1955, would not be covered by section 16 and .....Tag this Judgment!
Court : Kerala
Reported in : AIR1980Ker109
..... stated in the special enactment and the machinery available under the custom or that provided in the special enactment in that behalf-- become incorporated in the hindu marriage act 1955, and would remain as if so incorporated till the custom recognising such a right is abrogated or so long as the special enactment conferring the right ..... v. kes-van gopinathan, (1968 ker lt 528) noticed that there was nothing in the hindu marriage act 1955 which provides that petitions under the travancore ezhava act should be deemed by any legal fiction to be petitions presented under the hindu marriage act, 1955, the division bench did not agree with the view taken by the learned single judge expressed in ..... the hindu marriage act 1955 provides in section 13, for dissolution of hindu marriages. the grounds for dissolution are specified in this act and the procedure for seeking dissolution is also specified in the act. the grounds for dissolution under the hindu marriages act are not identical with the grounds for divorce in the nair act 1100.2. notwithstanding the commencement of the hindu marriage act 1955 the provisions ..... be read as incorporating any provision of or right under the special enactment into the hindu marriage act. the learned judge further finds-'chapter ii of the travancore nair act, 1100, which deals with nair marriage and its dissolution was overridden by the hindu marriage act 1955. thereafter the right conferred by chapter ii of the first mentioned statute to obtain dissolution .....Tag this Judgment!
Court : Kerala
Reported in : AIR1979Ker152
..... 2) ceases to operate upon those provisions by reason of repeal of those provisions. even otherwise the conjoint effect of sections 4(b), 29(2) and 29(3) ofthe hindu marriage act, 1955, is such that it suggests a different intentionon the part of a competent legislature -- the parliament. this legislative intent appears to have been to save the right conferred by ..... by custom or stated in the special enactment and the machinery available under the custom or that provided in the special enactment in that behalf -- become incorporated in the hindu marriage act, 1955, and would remain as if so incorporated till the custom recognising such a right is abrogated or so long as the special enactment conferring the right is on the ..... attract section 29(2) or for that provision to operate upon. thereafter, the provisions of the code -- the hindu marriage act, 1955 --which is intended to contain a full and complete statement of the law of hindu marriage, alone would govern dissolution of hindu marriage, and the rights of parties as regards any one of the matters in respect of which provision is made therein ..... by previous operation of any law. the provision in general terms saves the customary and statutory right to obtain dissolution of a hindu marriage, irrespective of when that marriage took place, before or after the commencement of the hindu marriage act, 1955, and certainly therefore, irrespective of whether such a right has been acquired by anyone, or has accrued and has become vested in .....Tag this Judgment!