Court : Mumbai
Reported in : 2000(3)ALLMR211; II(2000)DMC727
..... there being remedy either under section 125 of the cr.p.c or under section 18 of hindu adoption and maintenance act, maintenance under section 25 of the hindu marriage act cannot be granted. for this purpose, after examining various decisions of different high courts, their lordships have come to conclusion that dismissal of a petition will not amount to decree under hindu marriage act, 1955.18. in our humble ..... opinion, dismissal of a petition is also a decree as contemplated under the code of civil procedure. the proceedings under the hindu marriage act ..... by virtue of article 141, we accept the said judgment and accordingly allow the plea of setting aside the order passed by the trial court with regard to maintenance.20. the appeal, therefore, succeeds only to that extent. so far as the plea of divorce based on cruelty argued before us, the appeal is dismissed. ..... the aforesaid decision of the supreme court, in our opinion, will not help the appellant husband.16. while, dismissing the petition, the trial court had awarded maintenance of rs. 500/-. this also is being objected to by the husband and it is obviously urged that in view of the supreme court decision given in chand .....Tag this Judgment!
Court : Rajasthan
Reported in : AIR1982Raj83; 1981()WLN392
..... away from the husband.3. the present controversy has arisen in respect of the application of rameshwari under section 25 of the hindu marriage act, 1955 for grant of permanent alimony and maintenance. the lower court has come to the conclusion that rameshwari is entitled to get permanent alimony and maintenance. she has claimed rs. 200/- p. m. as per her application. the lower court has ..... directed that she would get rs. 125/- p. m. as maintenance from her husband umesh chand and this maintenance would be ..... own desertion is also entitled to permanent alimony under section 25 of the hindu marriage act.12. the next question is, what should be the amount in this case for which both the parties are agitating.13. the argument of mr. gupta that the lower court should have considered the income for the purpose of fixing maintenance by including the income of ..... meet. in our opinion, such a meeting place of law and morality is section 25 of the hindu marriage act, and for the matter of that section 18 of the hindu adoptions and maintenance act. in the exercise of judicial discretion, expressly vested in courts of law under section 25(1) of the hindu marriage act, a judge should, unless there be very special grounds, leave a wife, .....Tag this Judgment!
Court : Chennai
Reported in : (1989)1MLJ323
..... , restitution of conjugal rights or judicial separation. alimony and maintenance cannot therefore be granted as passing of decree dismissing divorce petition.permanent alimony and maintenance under section 25 can only be granted in case divorce is granted and not ..... as the passing of a decree and permanent alimony cannot be granted to a party while dismissing the petition under act. in the decision reported in smt., sushama v. satishchandra,. : air1984delhi1 , a division bench of the said court, while considering the earlier decisions held as follows:hindu marriage act (25 of 1955) section 25 permanent alimony and maintenance-when can be granted words 'passing any decree' in section 25, mean passing of decree of divorce ..... singh v. mst. daso , cannot afford any guidance in construing the language used by the legislature in section 25 of the hindu marriage act, 1955. we are now concerned with the words at the passing of any decree or any time consequent thereto with regard to the grant of permanent alimony in favour of the defeated spouse'. in this connection, it is worth while to refer to the .....Tag this Judgment!
Court : Mumbai
Reported in : (1983)33CTR(Bom)117; 147ITR258(Bom); 12TAXMAN220(Bom)
..... court exercising jurisdiction under this act may, at the time of passing any decree or at any time subsequent thereto, on application made to it ..... the right to monthly alimony on nullity of marriage is a right, which is created in her favour by the decree alone.7. before going into as discussion of the arguments, we may notice some of the relevant provisions of the law at this stage. section 25 of the hindu marriage act, 1955, deals with permanent alimony and maintenance. sub-section (1) of the said section runs as follows :'any ..... both the counsel, as follows :'whether, on the facts and in the circumstances of the case, the lump sum alimony of rs. 25,000 received by the assessee from her ex-husband under section 25 of the hindu marriage act, 1955, on the nullity of marriage, is income in her hands and liable to tax ?'4. we propose to consider first question no. 2 which ..... assessee to the income-tax appellate tribunal. from this decision of the tribunal, the following two questions have been referred to us :'(1) whether, alimony received by the assessee under section 25 of the hindu marriage act, 1955, on nullity of marriage, is income in her hands and liable to tax ? (2) whether, on the facts and in the circumstances of the case, the .....Tag this Judgment!
Court : Delhi
Reported in : AIR1984Delhi1; 1983(5)DRJ305; 1983RLR724
..... of the view that there was some ambiguity in the wording of the act which required the matter to be decided by a larger bench. (4) the relevant section in which the ambiguity occurs is section 25 of the hindu marriage act, 1955. it reads as follows : '25. permanent alimony and maintenance :- (1) any court exercising jurisdiction under this act may, at the time of passing any decree or at any time subsequent ..... that such permanent alimony and maintenance can only be granted in case divorce is granted and not if the marriage subsists. (3) when this matter came before the learned single judge in appeal ..... was set aside. during the pendency of the divorce proceedings as well as the appeal, maintenance pendente lite was granted at rs. 225.00 per month to the wife.(2) after the proceedings were over in the high court, the wife applied for permanent alimony and maintenance under section 25 of the hindu marriage act, 1955. this application was rejected by miss usha mehra, additional district judge, on the ground .....Tag this Judgment!
Court : Orissa
Reported in : AIR2005Ori120; 100(2005)CLT88; II(2005)DMC575; 2005(II)OLR23
..... e., whether in the event the decree passed by the courts below is confirmed in the second appeal, the appellant-wife should be granted permanent alimony and maintenance as provided under section 25 of the hindu marriage act, 1955 (hereinafter referred to as the 'the act').8. mr. mishra, learned counsel for the appellant submitted that the learned trial court has not framed any specific issue with regard to ..... filed o.s. no. 8 of 1987 before the learned civil judge (senior division), parlakhemundi under section 9 of the hindu marriage act, 1955 for restitution of conjugal rights. by order dated 12.9.1988 passed in the said suit, the husband was directed to pay the maintenance at the rate of rs. 75/- per month to the wife with effect from october, 1988 apart ..... conjugal rights, without any reunion/restitution, the husband is not entitled to a decree for divorce under section 13(1-a)(ii) of the hindu marriage act.5. on the above pleadings, the trial court framed three issues which are as follows :(1) whether the respondent violated the decree in o.s. 8 ..... returned to parlakhemundi and filed an execution proceeding to execute the decree for restitution of conjugal rights. she, therefore, stated in the written statement that under section 23(1)(a) of the hindu marriage act, the husband is precluded from taking advantage of his own wrong and hence even though the prescribed period of one year lapsed after the decree for restitution of .....Tag this Judgment!
Court : Orissa
Reported in : AIR1963Ori27; 28(1962)CLT353
..... pertains to grant of maintenance during the pendency of the suits of the nature referred to therein. on ..... to separate residence and maintenance act (19 of 1946) and the civil court had jurisdiction to take cognizance of such a suit. the jurisdiction of the civil court to try suits for maintenance has not been affected in any manner by the hindu adoption and maintenance act (78 of 1955) which came into force on december 21, 1956, section 25 of the hindu marriage act, 1955 providing for permanent alimony and maintenance in certain cases only ..... hindu marriage act, 1955 (act xxv of 1955) -- hereinafter to be referred to as the act -- which came into force on may 18, 1955. he relies upon sections 4, 9, 10, 19, 25 and 29(3) of the act, and certain reported decisions.3. it must be made clear at the outset that the act does not affect the jurisdiction of the court to take cognisance of the suit relating to claim for maintenance .....Tag this Judgment!
Court : Mumbai
Reported in : AIR2004Bom283; 2004(1)ALLMR278; 2004(2)BomCR767; II(2004)DMC321; 2003(4)MhLj1019
..... would entitle only wife, who establishes to be 'legally wedded wife' for maintenance?' in brief, we are required to define 'wife' as used in section 25 of hindu marriage act.14. section 25(1) of hindu marriage act reads as follows, which is quoted in analyzed form for convenient consideration : '25. permanent alimony and maintenance. -- (1) any court exercising jurisdiction under this act may, at the time of passing any decree or at any time subsequent ..... in the matter of govindrao concluding that even a party to a null and void marriage under section 11 of hindu marriage act, 1955, was entitled to maintenance under section 25 of the said act, was mainly based on the wording of that section, which in its first part gave discretion to the court to award maintenance at the time of passing any decree, which would also include a decree of nullity ..... as to appreciate how the point of controversy under reference arose and was referred.petition no. c-39/2001 was filed by leelabai against appellant bhausaheb for maintenance under section 25 of hindu marriage act, 1955 (hereinafter referred as hm act for the sake of brevity). the same was decided on 30-11-2002 by principal judge, family court, aurangabad, who was pleased to allow the petition and .....Tag this Judgment!
Court : Mumbai
Reported in : AIR2004Bom345; 2004(3)ALLMR229; 2004(3)MhLj159
..... . -- (1) any court exercising jurisdiction under this act may, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purpose by either ..... section 25(1) and/or section 25(2) of the hindu marriage act which were applicable. to our mind the entire exercise is academic. if there is a power to grant relief the mere fact that wrong section was quoted is of no consequences. it is in that context that we may now look at the provisions of section 25 of the hindu marriage act, 1955. sections 25(1) and 25(2) read as under :--'25(1). permanent alimony and maintenance ..... by mutual consent under section 33 of the hindu marriage act, 1955. there was also other consent terms included of which clauses 4 and 5 read as under:--'4. both the parties agrees and undertakes to the hon'ble court that they will not initiate any proceeding against each other in future.5. the petitioner will not claim any maintenance or alimony in future from the respondent .....Tag this Judgment!
Court : Mumbai
Reported in : (1994)96BOMLR726
..... , pune allowing the respondent-husband's petition and declaring the marriage between the appellant and the respondent null and void under section 12(1)(c) of the hindu marriage act and ordering the respondent to pay maintenance of rs. 200 per month to the appellant from the date of the decree as permanent alimony. 2. the marriage between the appellant-wife and the respondent-husband, according to ..... hindu vedic rites, took place on 14th march, 1988 at pune. ..... with regard to the declaration of marriage as null and void. we, therefore, confirm that part of the decree passed by the learned trial judge.5. however, as regards the amount of alimony, we are not ..... incurable and that this fact was not brought to the notice of the respondent-husband before the marriage. under the circumstances the learned trial judge was not wrong in declaring the marriage between the parties null and void under section 12(1)(c) of the hindu marriage act. therefore, we see no reason for interfering with the learned trial judge's finding and judgment .....Tag this Judgment!