Court : Andhra Pradesh
..... the reliefs including the nullity of the marriage, petition, as presented, was, therefore, untenable. the supreme court ..... her christian husband under section 12(i)(c) of the 1955 act. the bombay high court held: when both the spouses are hindus, they are regulated under the hindu marriage act, 1955. undisputedly, petition was presented on the ground that at the time of marriage, petitioners husband was a christian. if that be so, having regard to the provisions of section 2, the hindu marriage act, 1955 has no application for seeking any of ..... set the controversy at rest in gullipillisowria raj v. bandaru pavani @ gullipilli pavani (2009)1 supreme court cases 714). the only question which fell for determination before the supreme court in that matter was whether a marriage .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1998Bom74; 1998(1)BomCR263; II(1998)DMC134
..... of the reliefs including the nullity of the marriage. petition, as presented, was, ..... , the hindu marriage act, 1955 has no application for seeking any ..... even before the registrar, her consent on the form was obtained by fraud.3. the appellant has resorted to section 5 of the hindu marriage act, 1955 and alternatively to section 12(1)(c) of the said act. arguments advanced by the learned counsel for the appellant is that though both the parties are not hindus, the ..... act has not settled the rights and obligations between the parties viz. restitution of conjugal rights, judicial separation, nullity of marriage and divorce. when both the spouses are hindus, they are regulated under the hindu marriage act, 1955. undisputedly, petition was presented on the ground that at the time of marriage, petitioner's husband was a christian. if that be so, having regard to the provisions of section 2 .....Tag this Judgment!
Court : Mumbai
..... nullity of marriage. petition, as presented, was, therefore, untenable ? . 17. considering the ..... . restitution of conjugal rights, judicial separation, nullity of marriage and divorce. when both the spouses are hindus, they are regulated under the hindu marriage act, 1955. undisputedly, petition was presented on the ground that at the time of marriage, petitioner's husband was a christian. if that be so, having regard to the provisions of section 2, the hindu marriage act, 1955 has no application for seeking any of the reliefs including the ..... are hindus by religion except for seeking remedy of divorce under section 13(1)(ii) of the hindu marriage act on the ground of person ceasing to be a hindu due to conversion to another religion. 12. sections 2 and 5 of the hindu marriage act provide the applicability of the act and conditions for a hindu marriage. the scope of sections 2 and 5 of the hindu marriage act has been discussed elaborately by a division bench of this .....Tag this Judgment!
Court : Delhi
..... . before proceeding in the matter any further, we direct as follows: (i) the appellant would be entitled to payment of maintenance w.e.f. the date of her section 24 application under the hindu marriage act, 1955. (ii) for the time being, without prejudice to the respective rights and contentions of the parties on the aspect of quantum, the respondent is directed to pay the amount of ..... , which has attained finality, no clarification is warranted. the amount determined under section 24 of the hindu marriage act, 1955 shall be payable as per the said order dated may 2, 2016. 6. it is noted that on february 22, 2017, the respondent filed an application being cm. no.7725/2017 under section 152, read with sections 153 and 151 of the cpc for amendment of the order dated ..... august 17, 2016, which she did by filing cm. no.36960/2016.14. the captioned application was considered by this court on october 5, 2016, when it was clarified that the amount under section 24 of the hindu marriage act, 1955 shall be payable as per the order dated may 2, 2016, the effect of which is that the interim maintenance granted by the family court shall ..... relate back to the date of moving the application. in fact, the said order had the effect of disposing of cm .....Tag this Judgment!
Court : Madhya Pradesh
..... before adverting to consider the contention advanced by the learned counsel the legal provisions may be taken note of. section 2 of the hindu marriage act 1955 contemplates a provision with regard to application of the act. sub section (2) of section 2 provides that "nothing contained in this act shall apply to the members of any scheduled tribe within the meaning of clause (25) of article 366 ..... scheduled tribe community in the state of madhya pradesh then in view of sub section (2) of section 2 of the hindu marriage act, the application before the trial court was not maintainable. now we may consider material available on record. the appellant herein filed the application for dissolution of marriage and when the respondent did not appear inspite of notice, ex-parte proceedings ..... appeal filed by the appellant-husband for dissolution of marriage under section 13 of the hindu marriage act, this appeal has been filed by the appellant. the learned trial court has found that the parties belong to the gond community and therefore, the hindu marriage act does not apply to them and holding the application to be not maintainable, the same has been dismissed ..... court in dismissing the claim as it was not maintainable under the hindu marriage act. once this position is admitted it was not necessary for the trial court to cause any further enquiry with regard to custom or otherwise of the parties and in rejecting the application on the ground that parties belonging to gond community, which is .....Tag this Judgment!
Court : Delhi
..... purchased by the husband by availing loan facility, is contrary to the factual situation noted in the two orders (i) by the family court while disposing of an application under section 24 of the hindu marriage act, 1955; and (ii) by this court in mat appeal no.10/2012.17. testimony of pw2 and pw3 proved that when they visited the house of the appellant, they had ..... be his responsibility to get the child admitted in the said school. it is an admitted fact, recorded by the family court, in the order on to 16. application under section 24 of the hindu marriage act, 1955 that the house which was purchased by the husband in delhi is in use and occupation by the wife since beginning and it is the husband who is ..... /husband sometime in the end of 1951. thereafter, the husband became ill. apart from nervous breakdown he suffered various other complications. this was pleaded as an act of cruelty to seek judicial separation under section10 of hindu marriage act, 1955. the petition was dismissed and impugned in appeal bearing fao no.72-d/1957 (decided on september 22, 1960). mat.app. (f.c.) 63/2016 ..... page 12 of 15 23. the question for determination in the appeal was whether the above act of the wife constitutes such cruelty as to cause a reasonable .....Tag this Judgment!
Court : Kolkata
Reported in : I(1999)DMC283
..... . in the aforesaid case the division bench of this high court, inter alia, considered section 14(1) of the hindu marriage act, 1955. sub-section (2) of section 14 of the hindu marriage act was not considered by the division bench. subsection (2) of section 14 of the hindu marriage act lays down that in disposing of any application under section 14 of the hindu marriage act for leave to present a petition for divorce before the expiration of one year ..... the parties before the expiration of the said one year.6. on 30.11.1991 the court while disposing of the application under section 14(1) and (2) of the hindu marriage act, 1955 passed the following order :'petitioner files an application under section 14(1) and (2) of the hindu marriage act, 1955 supported by an affidavit praying for leave of the court to present the suit for reasons stated therein. perused the ..... from the date of marriage the court shall have regard to the interests of any children .....Tag this Judgment!
Court : Rajasthan
Reported in : AIR1979Raj197
..... open to either party to obtain a decree for divorce. it was open to the appellant to file an application under section 10(2) of the hindu marriage act, 1955 for rescinding the decree for judicial separation. the relevant section reads as under:--'10. judicial separation--(1)...... (2) where a decree for judicial separation has been passed, it shall no longer be obligatory for the petitioner to ..... cohabit with the respondent, but the court may, on the application by petition of either party and on being satisfied ..... cross-suit so as to enable the court to pronounce a final judgment in respect both of the original claim and of the set off. under section 21 of the hindu marriage act, 1955, all proceedings under the act are to be regulated as far as may be by the civil p. c. 1908. a plaint in law means a private memorial tendered ..... separation in the proceedings to which they were parties. the learned judge after taking necessary proceedings and hearing the parties passed a decree for divorce in accordance with section 13(1a) of the hindu marriage act, 1955 vide her judgment, dated august 11, 1977.3. the appellant has challenged the above verdict of the trial court through this appeal.4. the only contention .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR2008AP216; 2008(4)ALD408; 2008(4)ALT317; II(2008)DMC217
..... submitting that the order under appeal is erroneous contended that a decree for maintenance in terms of compromise between the parties is not a bar to maintain an application under section 25(2) of the hindu marriage act, 1955 if there are changed circumstances. in support of his submission, the learned counsel cited a decision of a division bench of this court in chimalakonda ambayamma (died ..... against the order of the family court, hyderabad, in o.p. no. 757 of 2005, dated 12-1-2007.2. the wife, whose application under section 25 of the hindu marriage act, 1955, for maintenance of rs. 4,000/- per month or in the alternative permanent alimony of rs. 5,00,000/- was dismissed, is the appellant. the respondent herein is ..... by the wife or husband for a term not exceeding the life of the applicant taking into consideration the factors specified thereunder. sub-section (1) of section 25(2) makes it clear that such an order may be passed by the court exercising the jurisdiction under the hindu marriage act, 1955 at the time of passing any decree or at any time subsequent thereto. in other ..... held that notwithstanding the agreement by the applicant not to claim higher rate of maintenance she would be entitled to enhanced maintenance if there was a material change in the circumstances.26. however, the learned counsel for the respondent sought to distinguish the above decision on the ground that sub-section (2) of section 25 of the hindu marriage act, 1955 does not contain the word 'agreement .....Tag this Judgment!
Court : Rajasthan
Reported in : 1987(2)WLN15
..... .1. in this revision, dispute relates to the grant of alimony pendente lite to non-petitioner smt. manju against whom the petitioner satish chandra has filed an application for divorce under section 13 of the hindu marriage act, 19552. the district judge, jodhpur, after taking into consideration the affidavits filed by the respective parties, came to the conclusion that it was proper to assess the ..... is sufficient to state that the amount of alimony pendente lite his been determined on the basis of the circumstances existing on the date the non-petitioner had filed present application for that purpose. if subsequent to that, any change in circumstances has occurred, either party in law has the right to bring changed facts and circumstances, if any, to the ..... any reason in the case to depart from the normal rule of awarding 1/5th of the net income of the husband as interim maintenance to the wife under section 24 of the act. on behalf of the husband it was contended in smt. priti parihar's case (supra) that it was not a hard and fast rule that one-fifth of ..... , it may be stated that it was not a title suit regarding the ownership of (he tempo. it was an application for interim maintenance which, as a general rule and practice, is disposed of on affidavits like any other interim application in civil proceedings. there is nothing to show that the mother of the petition has any assets of her own or .....Tag this Judgment!