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Judgment Search Results Home > Cases Phrase: hindu marriage act 1955 amending act 1 marriage laws amendment act 2001 Page 1 of about 93,776 results (1.518 seconds)

May 09 2014 (HC)

In the High Court of Punjab and Haryana at Vs. Rajbir Kaur

Court : Punjab and Haryana

..... of virendra singh adhikari 2014.05.12 18:52 i attest to the accuracy and integrity of this document high court chandigarh fao-141-m-2001 -2- his prayer for undoing the nuptial relationship, has invoked, by way of this appeal, provisions of section 28 of the hindu marriage act (no.25 of 1955) as amended by marriage laws (amendment) act (no.68 of 1976) (here-in-after referred ..... to as, the act).2. appellant approached the learned trial court by way of ..... a petition under section 13(1)(ia) of the act, for dissolution of marriage between the parties to the petition by a decree of divorce ..... or this woman."19. in v. bhagat v. d. bhagat (mrs.), 1994(1) r.r.r. 354 : (1994)1 scc337 a two-judge bench of hon ble supreme court referred to the amendment that had taken place in sections 10 and 13(1)(ia) of the act after the hindu marriage laws (amendment) act, 1976 and proceeded to hold that the earlier requirement that such cruelty has caused .....

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Jan 31 2002 (HC)

Hema Reddy Vs. Rakesh Reddy

Court : Andhra Pradesh

Reported in : 2002(3)ALD640; 2002(2)ALT16; I(2003)DMC109

..... has been added to sub-section (1) of section 13 of the hindu marriage act, 1955 under which 'cruelty' has been made one of the grounds for obtaining divorce. however, under section 13 ..... (1)(ia) cruelty simplicitor is made a ground to seek a decree of divorce and it is not necessary to ..... the wife. the respondent herein is the husband. the husband-respondent herein filed op no. 340 of 1996 in the family court at secmiderabad for divorce under section 13(1)(a), 13(1)(ib) and 13(1)(iii) of the hindu marriage act.the learned judge, family court, secunderabad heard the matter on merits and was pleased to allow the petition and the ..... seetharama raju, : 2001(6)ald460 . this is the judgment of the division bench of this court. in para 19 of the judgment, the division bench of this court held as under: 'it is also relevant to note one of the important changes brought about by reason of the amendments under the marriage laws (amendment) act (68 of 1976). by virtue of the said amendment act, clause (ia) .....

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Jan 31 2002 (HC)

Smt. Hema Reddy Vs. Rakesh Reddy

Court : Andhra Pradesh

Reported in : AIR2002AP228

..... has been added to sub-section (1) of section 13 of the hindu marriage act, 1955 under which 'cruelty' has been made one of the grounds for obtaining divorce. however, under section 13 ..... (1)(ia) cruelty simpliciter is made a ground to seek a decree of divorce and it is not necessary to ..... wife. the respondent herein is the husband. the husband-respondent herein filed o.p. no. 340 of 1996 in the family court at secunderabad for divorce under sections 13(1)(a), 13(1)(1b) and 13(1)(iii) of the hindu marriage act. the learned judge, family court, secunderabad heard the matter on merits and was pleased to allow the petition and the ..... seetharama raju, : 2001(6)ald460 . this is the judgment of the division bench of this court. in para 19 of the judgment, the division bench of this court held as under :'it is also relevant to note one of the important changes brought about by reason of the amendments under the marriage laws (amendment) act (68 of 1976). by virtue of the said amendment act. clause (la) .....

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Mar 30 2012 (HC)

Smt. Rekha Devi Vs. Abhishek Misra

Court : Allahabad

..... court may exercise its extraordinary jurisdiciton under article 142 of the constitution and dissolve the marriage by a decree of divorce by mutual consent under section 13-b of the hindu marriage act, 1955 as amended by the marriage laws (amendment) act, 1976. the petitioner and respondent 1 have stated in the said application that their marriage has broken down irretrievably and there is no chance of their living together, and therefore ..... vs. uma (smt.), (2000) 10 supreme court cases 393 the hon'ble supreme court issued directions that the petition for divorce was to be converted into a petition under section 13b of the hindu marriage act, 1955 for ..... period are to be sent back to the lower court for technical formalities. perhaps it will defeat the purpose of section 13b of the hindu marriage act. in swati verma (smt.) vs. rajan verma and others a case reported in 2001 supreme court cases 123 the hon'ble supreme court in para nos. 6 and 7 has observed as follows: "6. pursuant to ..... 142 of the constitution of india, were allow the application for divorce by mutual consent filed before us under section 13-b of the hindu marriage act and declare that the marriage solemnized between the consenting parties on 30.6.2001 at delhi is hereby dissolved and they are granted a decree of divorce by mutual consent." similarly in the case of rajiv r. hiremath .....

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Dec 22 2004 (HC)

Kum. Priti Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 2005(2)ESC897; (2005)2UPLBEC1194

..... hindu marriage act, 1955 declares the second marriage, while first wife is alive under section 5(i) to be a void. section 16 of the hindu marriage act, 1955, however, provide that notwithstanding that the marriage is null and void under section 11, any child of such marriage who would have been legitimate if the marriage had been valid, shall be legitimate, whether such child is born on or after commencement of the marriage laws (amendment) act ..... , 1976 and whether or not a decree of nullity is granted in respect of that marriage under this act ..... -married' or 'widowed daughter' in the rule 2 (c) (iii) cannot exclude daughters who are declared to be legitimate under section 16(1) of the hindu marriage act, 1955. section 16 was substituted by act no. 68 of 1976. the protection given to such children, who are not to be blamed for the illegitimacy of the second ..... s father late chet narain singh, was serving as permanent collection amin, died in harness on 31.12.2001. the petitioner is the daughter of the second wife of the deceased government servant. the second marriage took place, while the first wife is still alive.4. learned standing counsel submits that a government servant .....

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Nov 11 2003 (SC)

Smt. Swati Verma Vs. Rajan Verma and ors.

Court : Supreme Court of India

Reported in : AIR2004SC161; 2004(5)ALLMR(SC)45; II(2003)DMC795; 2003(3)JKJ121[SC]; (2004)1SCC123

..... exercise its extra ordinary jurisdiction under article 142 of the constitution and dissolve the marriage by a decree of divorce by mutual consent under section 13(b) of the hindu marriage act, 1955 as amended by the marriage laws (amendment) act, 1976. the petitioner and respondent no. 1 have stated in the said application that their marriage has broken down irretrievably and there is no chance of their living together, and ..... 142 of the constitution of india, we allow the application for divorce by mutual consent filed before us under section 13(b) of hindu marriage act and declare that the marriage solemnized between the consenting parties on 13th june, 2001 at delhi is hereby dissolved, and they are granted a decree of divorce by mutual consent.8. in the facts and circumstances of ..... 's house by respondent no. 1 whereafter the respondent no. 1 took no care of her, nor were his ..... orderb.p. singh, j.1. the petitioner in this transfer petition swati verma, was married to respondent no. 1 herein rajiv verma, at delhi on june 30, 2001 according to hindu rites. it appears that soon after the marriage the petitioner complained of ill treatment by her husband, her mother-in-law, and sister-in-law. on 17.9.2001 she was left at her widowed mother .....

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Sep 01 2003 (HC)

Mahadev Jyoti Umrani Vs. Smt. Sumitra

Court : Karnataka

Reported in : I(2004)DMC398; ILR2004KAR512; 2003(6)KarLJ323

..... the district court committed an error in ordering return of the appeal. the appellant has also contended that the decision in pise is no longer good law in view of amendment to section 28 of the hindu marriage act, 1955 by act 60 of 1968.3. the learned single judge before whom the appeal came up for hearing, was of the view that mallappa's case, laid ..... down the correct law. however, as the subsequent decision of parashuram rao anantha rao pise took a contrary view, the learned single judge, by order dated 8-1-2003 ..... is applicable in view of the subsequent amendments to the relevant enactments, the conflict between them is of no relevance to decide the matter with reference to section 28 read with section 3(b) of hindu marriage act, 1955 and section 19 of the karnataka civil courts act, 1964. hence, we find no need to refer any point of law to a full bench.14. we, therefore ..... . l.j. 265 (db), the appeal ought to have been filed in the high court. after hearing, the learned principal district judge, belgaum, by an order dated 11-1-2001 held that the appeal was not maintainable before the district court and directed the return of the appeal papers to the appellant for presentation before the high court, relying on .....

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Jan 21 2010 (TRI)

Sepoy/Chef (U) Raj Kumar Versus Union of India Through Its Secretary, ...

Court : Armed forces Tribunal AFT Regional Bench Lucknow

..... and children by the provisions of section 28 under which pay and allowances of a person subject to the army act cannot be attached to satisfaction of any ..... officer for maintenance of his wife and children. the grant of maintenance allowance under the army act is independent of the provisions of section 125 of code of criminal procedure and section 24 of the hindu marriage act, 1955. (b) this sub-section also prevents any financial hardship being caused to the destitute wife ..... of the army act. this notification is quoted below :- ??no. b/80328/jag/1965/2001-d(as) government of india ministry of defence new delhi the 28 aug 2001 the chief of the army staff subject : amendment to the notes to the army act, 1958 in the manual of military law, 1983 i am directed to ..... and other mil lj 1999 all 37. iii) ex lance nail vishwa priya singh and others versus union of india and others 147 (2008) delhi law times, 2002 (db). 11. no doubt it has been held in these cases that summary court martial can be held only by the commanding ..... this section. such court proceedings do not ipso facto debar the army authorities from processing and granting maintenance allowances under the provisions of the army act but if a court order to the same effect is passed, it should be given due consideration while dealing with the question of alteration in .....

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Jul 12 2012 (HC)

K.M.Balasubramaniam. Vs. Savithiri

Court : Chennai

..... in cases where it is admitted by the parties entering into the marriage that it is an essential ritual to be performed for the marriage as per the personal law or form of marriage applicable to them - s.7-a of the hindu marriage act, 1955 [as inserted by the hindu marriage (tamil nadu amendment) act, 1967] validates the marriage performed between the parties concerned by garlanding each other or putting a ring ..... rule pressed into service - purpose construction and mischief rule applied - words and phrases - 'husband'. "(ii) a.t.bhawar v. state of maharasthra reported in (1972) 1 scc 800"family and personal law - hindu marriage act, 1955 - section 17 - bigamy-second marriage contracted during pendency of the proceedings-accused living with the second wife and a son born - birth register corroborating the evidence - high court satisfied with birth ..... witness not mentioned in complaint - relevancy of such evidence arising only out of subsequent overt - whether can be admitted"(iii) nagalingam v. sivagami reported in (2001) 7 scc 487" a. penal code, 1860 - s.494 -bigamy - second marriage performed without the ceremony of "saptapadi" - validity of, for the purposes of constituting offence under s.494 - held, "saptapadi" is an essential ceremony for .....

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Jun 30 2014 (SC)

Dr.(Mrs.) Malathi Ravi, M.D. Vs. Dr. B.V . Ravi M.D.

Court : Supreme Court of India

..... responsible, granted divorce. the high court perceived the acts of the appellant as a reflection of attitude of revenge in marriage or for vengeance after the reunion pursuant to the decree for restitution of marriage. the justifiability of the said analysis within the parameters of section 13(1) of the hindu marriage act, 1955 (for brevity the act ) is the subject-matter of assail in this ..... court has taken note of subsequent events into consideration without affording an opportunity to the appellant to controvert the said material and that alone makes the decision vulnerable in law. learned counsel would submit that the high court has erroneously determined the period of communication of letters and the silence maintained by the wife which is factually incorrect ..... despite the non-responsive attitude of the wife, he, without abandoning the hope for reconciliation for leading a normal married life, went to the house of his in-laws, but her parents ill treated him by forcibly throwing him out of the house. it was the assertion of the husband that after she completed her course, she started ..... respondent-husband, an associate professor in ambedkar medical college, kadugondanahalli, bangalore, filed a petition, m.s. no.5 of 2001 under section 13(1) the act seeking for a decree for judicial separation and dissolution of marriage. however, in course of the proceeding the petition was amended abandoning the prayer for judicial separation and converting the petition to one under section 13 .....

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