Court : Delhi
Reported in : 2001IIIAD(Delhi)181; AIR2001Delhi267; 90(2001)DLT632; I(2001)DMC673; 2001(58)DRJ111
..... include such properly which is given at the time of marriage as also the property given before or after marriage to the parties to become their 'joint property', implying thereby that the property can be traced to have connection with the marriage. all such property is covered by section 27 of the act.'5. the section empowers the court to make such provision in the decree in respect ..... to be thrown out for this. section 27 of hma provides thus'the property, as contemplated by section 27 is not the property which is given to the wife at the time of marriage only. it includes the property given to the parties before or after marriage also, so long as it is relatable to the marriage. the expression 'at or about the time of marriage' has to be properly construed to ..... by trial court dated 29.8.1989 are set aside and the matter is remanded to court of additional district judge, delhi, seized of the record of hma no.271/89 for fresh disposal of appellants application under law after affording opportunity to both parties to lead evidence if any and in case of their default to decide it on the basis ..... lieu thereof instead of rs.3,06,885/-.2. both sides filed appeals against this order. appellant filed fao 247/89 and respondent fao 243/89. both these appeals were disposed off by first appellate court by common order dated 12.5.1994 allowing respondent's fao 247/89 and setting aside impugned order dated 29.8.1989 awarding rs.50 .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 2009(3)AWC2436(SC); 2009(6)BomCR489; 2009(2)SCALE103; (2009)4SCC229
..... while deciding the issues as directed by the high court and the family court shall decide the same in accordance with law including the question whether section 27 of the hindu marriage act, which deals with disposal of property is applicable in the facts of this case or not.4a. however, the amount of rs. 6,00,000/- (six lacs), which ..... has been directed to be paid by the high court to the respondent, is stayed till the disposal of the family court proceeding after remand. at the same ..... judicature at bombay in family court appeal no. 15 of 2006, by which the decree passed by the family court at pune, granting divorce under section 13 of the hindu marriage act, 1955 was affirmed but had remanded the matter back to the family court for proper determination of issues of permanent alimony and ownership of flat in triveni ..... high court are as follows:(a) whether the original petitioner will in law be entitled to seek declaration as prayed for from family court under family court's act? (b) if yes, whether in the facts and circumstances of this case, the original petitioner should be given such declaration of family court or any other ..... respondent/wife regularly from 1st of february, 2009 onwards or till the family court decides the disputes after remand.5. the appeal is thus disposed of. there will be no order as to costs. .....Tag this Judgment!
Court : Mumbai
Reported in : AIR2009Bom65; 2008(111)BomLR372; 2009(2)MhLj251
..... the consulate general of india, kobe, japan.4. respondent no. 1 filed m.j. petition no. a-1931 of 2003 under section 13(1)(ia) of the hindu marriage act, 1955. he also filed an application under section 27 of the hindu marriage act for disposal of property.5. the family court passed orders on the application filed. by an order of 30th december, 2003, certain interim orders were passed by the ..... family court in respect of several properties, some of which were not owned by either the petitioner or the 1st respondent. the petitioner ..... the application filed by the wife for rejecting the marriage petition. she had contended in her application that a marriage petition filed under the hindu marriage act, 1955 was not maintainable as she was married to the 1st respondent under the foreign marriage act, 1969. the interim order passed by the family court in an application filed under section 27 of the hindu marriage act has been challenged in the writ petition. since .....Tag this Judgment!
Court : Rajasthan
Reported in : I(1997)DMC344; 1996(1)WLN411
..... been granted divorce on her prayer by the learned district judge, ganganagar but she is still dissatisfied by the order under section 27 of the hindu marriage act, 1955 (for short 'the act' hereinafter), passed by the learned district judge as regards the disposal of the property of the couple while granting the decree of divorce. she has, therefore, preferred this appeal only on that point.2 ..... . the appellant in her petition before the learned district judge had pleaded in paragraph-7 that during the marriage ceremonies rs. 5, ..... ' could be directed to be disposed of by giving it to the wife under section 27 of the act.section 27 of the act reads as under :27. 'in any proceeding under this act, the court may make such provisions in the decree as it deems just and proper with respect to any property presented, at or about the time of marriage, which may belong jointly to both ..... wife but are separate properties gifted to them at the time of the marriage or thereabout can be made under section 27 of the act. after all, the provision has been made in order to discourage multiplicity of suits so that the court while deciding the matrimonial cases could also give directions as to the disposal of the joint properties of husband and wife .....Tag this Judgment!
Court : Jammu and Kashmir
Reported in : AIR1983J& K86
..... appellant. during the pendency of these proceedings, the respondent had also moved an application under section 27 of the act, seeking disposal of certain articles of moveable property ..... i.k. kotwal, j.1. two cross petitions i. e. one filed by surrinder singh, the appellant herein, under section 9 of the hindu marriages act, 1955, and the other by manjeet kaur, the respondent herein, were disposed of by district judge, jammu, by the consent of the parties, and a decree for judicial separation passed in favour of the respondent against the ..... , some of which, according to her, were her exclusive property, whereas the others werethe joint property of the parties. she had annexed two lists to her application, out of which list a, which ..... . at this stage it becomes necessary to take notice of section 27 which reads as under:'in any proceeding under this act, the court may make such provisions in the decree as it deems just and proper with respect to any property presented, at or about the time of marriage, which may belong jointly to both the husband and the .....Tag this Judgment!
Court : Rajasthan
Reported in : I(1994)DMC49
..... petitioner's application dated 24th september, 1992 moved under order 14 rule 5 c.p.c. in a divorce petition filed by the petitioner under section 13 of the hindu marriage act, 1955 (hereinafter referred to as the '1955 act'). for the disposal of this writ petition, it is not necessary to go into the grounds on which the divorce petition has been moved.2. the petitioner in ..... looked into. it refers to section 27 of the 1955 act, which provides for disposal of property by the court as it deems just and proper with respect to any property presented at or about the time of marriage, which may belong jointly to both the husband and wife. it has further been observed that in proceedings under the hindu marriage act, orders for disposal of the property could be passed only in ..... the case moved an application under order 14 rule 5 c.p c. with a prayer that under section 7(1)(c) of the family courts' act 1984 ..... rights on the family courts to decide the question about the disposal of the property belonging exclusively to one party in an application under section 13 of the 1955 act.9. in karnataka case (supra) it has been held that section 27 of the 1955 act is confined to gifts made at or at about the time of marriage and which may belong jointly to both husband and wife. it .....Tag this Judgment!
Court : Rajasthan
Reported in : 1979WLN555
..... 3, that the husband is not entitled to dissolution of marriage by a decree of divorce. section 27 of the act lays down that with respect to any property presented at or about the time of marriage to both the husband & the wife jointly, on application under the act, the court may make provision for disposal of such property as it deems just and proper. in view of the ..... referred, to above findings, it is not necessary to resort to the provisions of section 27 of ..... , j.1. this is an appeal by the husband under section 28 of the hindu marriage act no. xxv of 55for short, 'the act' hereafter against the judgment dated april 28, 1978 of the learned district judge, bikaner, by which his petition for dissolution of marriage by a decree of divorce under section 13(1) of the act was dismissed. for the sake of convenience, the husband appellant ..... -that the husband was married with the wife about ten years preceding the date of the filling of the petition (petition was filed on 1-7-1977) according to the hindu rites; that a girl was first born out of this wedlock that the husband reliably learnt that the wife was pregnant; that the husband and the wife had not shared .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1988Bom239; 1988(3)BomCR418
..... the rules framed by the high court is only directory and not mandatory. his further contention was that section 27 of the hindu marriage act provides for disposal of the property jointly owned by the applicant and the non-applicant. since there is no property as contemplated by section 27 of the hindu marriage act, the same was not mentioned in the petition. according to the non-applicant, the application was frivolous and ..... would only enlarge the scope of section 27 and expeditious disposal of matrimonial cases would be prevented the matrimonial court will 'have to act as civil court for purposes of property disputes not falling within the ambit and scope of section 27 of the hindu marriage act.11. the conclusion of the learned trial judge that the court exercising the jurisdiction under section 27 of the hindu marriage act; is powerless to deal with the ..... therein that the non-applicant has contravened rule 4(i)(h) of the hindu marriage and divorce rules, 1955 (hereinafter referred to as 'the rules') framed by the bombay high court under sections 14 and 21 of the hindu marriage act by not disclosing in the petition the particulars relating to property mentioned in section 27 of the hindu marriage act and, therefore, the petition filed by the non-applicant should be dismissed .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : AIR1999P& H196; II(1999)DMC1; (1999)121PLR759
..... on the provisions of section 27 of the hindu marriage act, 1955. according to the learned counsel, the wife is entitled to recover the amount as claimed by her and that the learned single judge has erred in varying the order passed by the learned trial court. is it so?3. section 27 of the hindu marriage act provides as under :--'27. disposal of property.-- in any proceeding under this act, the court may ..... , 'that the matrimonial court trying any proceedings under the hindu marriage act, 1955, has the jurisdiction to make such provision in the decree as it deems just and proper with respect to any property presented' at or about the time of marriage' which may belong jointly to both the husband and the wife. this section provides an alternate remedy to the wife so that she ..... soon thereafter. the exact particulars are not on the record. however, it is clear that on 28-2-1986, the wife smt. manjit kaur filed a petition under section 27 of the hindu marriage act, 1955. she claimed an amount of rupees 8,500/- on account of price of the jewellery, the various articles given in the dowry, the cash paid to the husband ..... make such provisions in the decree as it deems just and proper with respect to any property presented, at or about the time of marriage, which may belong jointly to both the husband and the wife .....Tag this Judgment!
Court : Delhi
Reported in : AIR1992Delhi14; I(1991)DMC585; 1991(20)DRJ353; 1991RLR259
..... the time of the marriage of the pat-ties and belonging jointly to both of them. the court exercising the jurisdiction ..... . 27 of the act are in the nature of obiter and cannot be called ratio decedendi. this court held in the case of sint. shukla v. brij bhushan makkar air 1982 delhi 223,'section 27, hindu marriage act, 1955 is a substantive provision empowering the court in any proceeding under the said act to make a just and proper order regarding property presented at or about ..... is not legally sustainable because neither of the two acts (hindu marriage act and hindu succession act), referred to above, go to the extent of providing that the claim of a woman on the basis of stridhan is completely abolished. all that the two sections, mentioned above, provide is that if the husband refuses to return the stridhan property of his wife, it will be open to the ..... settlement in that case.the husband agreed to pay rs. 20,000/- installments of rs. 2,000/- to the wife. the agreement was accepted by this court and the case disposed of. i am of the view that the other observations made in this authority holding that the words 'may belong jointly' may also mean, 'may not belong jointly' in s .....Tag this Judgment!