Court : Karnataka
Reported in : II(1992)DMC167; ILR1992KAR1798; 1992(2)KarLJ357
..... into his own hand for the purpose.'6. it is now relevant to consider the scope of section 4 of the hindu marriage act, 1955 which deals with over riding effect of the act. it reads as under:-'save as otherwise expressly provided in this act.- (a) any text, rule or interpretation of hindu law or any custom or usage as part of that law in force immediately before the commencement of ..... recognised in law and custom. a reference was made to section 12 of the act and it was said that in any event the marriage would be voidable. there is no merit in this contention. by reason of the over riding effect of the act as mentioned in section 4, no aid can be taken of the earlier hindu law or any custom or usage as a part of that ..... to other categories of marriages and is not applicable to one solemnised in ..... law inconsistent with any provision of the act. so far as section 12 is concerned, it is confined .....Tag this Judgment!
Court : Karnataka
Reported in : ILR1987KAR3422; 1987(2)KarLJ357
..... the subsistence of her status as a wife.26. the object of the hindu marriage act as its preamble points out is to amend and modify the law of marriage among hindus. section 4 of the h.m. act states that the provisions of the act have over-riding effect on any text, rule or interpretation of hindu law or any custom or usage as part of that law in force immediately ..... any of the provisions of this act shall cease to have effect on the coming into force of this act, namely, 18-5-1955. section 5 and section 6 lay down conditions for a hindu marriage and ceremonies for a hindu marriage. thereafter, the act proceeds to deal with law relating to restitution of conjugal rights (section 9) and judicial separation (section 10). further-on nullity of marriage and divorce is provided for in ..... arising out of marriages amongst hindus is covered by the hindu marriage act to the exclusion of all the pre-existing texts, rules, customs or usages or interpretation of hindu law and other laws in force prior to 18-5-1955. even a new right for claiming maintenance by a husband is, for the first time, created by section 25 of the h.m. act. this right of .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 1998(5)ALD465; 1998(5)ALT152; I(2000)DMC266
..... of this condition therefore, is null and void. the plea that the marriage should not be treated as void because such a marriage was earlier recognised in law and customs cannot be accepted. by reason of the over-riding effect of the act as mentioned in section 4 no aid can be taken of the earlier hindu law or any custom or usage as a part of that law ..... after coming into force of the hindu marriage act, 1955 to a hindu male, having a lawfully wedded wife cannot maintain a claim for maintenance under section 18 of the hindu adoption and maintenance act, 1956. in view of this decision, the decision of the learned single judge of this court in : air1976ap43 is liable to be over-ruled. accordingly, the said decision is over-ruled.31. in view of ..... wedded wife of the appellant.11. for appreciating the status of a hindu woman marrying a hindu male having a spouse living, some of the provisions of the hindu marriage act, 1955 have to be examined. section 5 of the act lays down conditions for a hindu marriage solemnized after the commencement of the act. clause (i) of that section lays down the necessary condition that 'neither party has a spouse living .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : (1994)107PLR84
..... the spouses and on establishing any of the grounds mentioned in section 13 of the act.4. the act came into force on may 18, 1955. it amends and codifies the law relating to marriage among hindus. section 4 gives over-riding effect to the provisions of the act. it abrogates all the rules of law of marriage hitherto applicable to hindus, whether by viture of any text or ..... the appellant/husband (hereinafter the husband) filed a petition under section 9 of the hindu marriage act, 1955 (for short, the act) against the respondent-wife (hereinafter the wife) for restitution of conjugal rights. the wife filed counter-claim petition under section 23a of the act seeking relief under section 13 for dissolution of marriage by a decree of divorce. during the pendency of these petitions, ..... central or state legislation in force immediately before it came into operation in so far as such legislation is inconsistent witht he provisions contained in the act. hindu marriage, under the act, is monogamous marriage which must be solemnished by performance of the essential rites and ceremonies and there must be no incapacity in the parties to marry one another ..... matrimonial disputes.to be precise, the husband raj kumar moved a petition under section 9 of the hindu marriage act, 1955 whereas the wife smt. anjana initiated divorce proceedings under section 13 of the act ibid by way of a counter claim as envisaged by section 23a of the said act.2. during the trial proceedings on 2.8.1991 at the request of .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1987Cal230,90CWN1149
..... have examined those decisions and we have felt, and this we say with great respect, that thesedecisions have adopted a rather technical and literal approach and the effect and impact of section 26 of the hindu marriage act have not at all been considered in these decisions. the single judge decision of the karnataka high court in d. thimmappa v. n. nagveni, air 1976 kant ..... in favour of his wife and minor child.2. the learned judge having perfect jurisdiction to grant pendente lite maintenance under section 24 and section 26 of the hindu marriage act, this is not a case of illegal assumption of jurisdiction within the meaning of section 115(1)(a) of the code of civil procedure. the learned judge having exercised that jurisdiction and passed order of ..... could very well be treated as an application for the purpose of section 26 also, even if an application was necessary for pendente lite maintenance of children under section 26.4. it is true that some high courts have taken the view that while allowing an application under section 24 of the hindu marriage act, the court has no power to grant pendente lite maintenance for the ..... did not quote the right section. the tendency of the courts, as pointed out by the supreme court in pratap singh v. shri krishna gupta, : 2scr1029 , towards technicalities is to be deprecated because it is the substance that counts and must take precedence over mere form. if in substance the wife has applied for maintenance of the child also and the .....Tag this Judgment!
Court : Kerala
Reported in : AIR1958Ker39
..... governed by the provisions of the hindu marriage act, 25 of 1955. but that does not mean that the provisions of the special statute by which they were governed on the date when the hindu marriage act came into force, have been completely abrogated by the hindu marriage act. the learned - munsiff appears to have taken the view that the overriding effect of section 4 of the hindu marriage act has been a repeal of the ..... provisions of the travancore ezhava act also, in ..... drawing such an inference he has obviously failed to notice the saving provision contained in the opening portion of section 4 itself. that section is .....Tag this Judgment!
Court : Mumbai
Reported in : (1995)97BOMLR574
..... on record sufficiently shows that the appellant-wife was in adultery with respondent no. 2 during her stay at ratnagiri and therefore, passed the decree of dissolution of marriage under section 13(1) of the hindu marriage act, 1955. it is this finding, which is the subject-matter of challenge in this second appeal.5. it is an admitted position that respondent no. 1 took the ..... necessary to dispose of this second appeal are as under:respondent no. 1 - husband in this case filed marriage petition no. 313 of 1979 for divorce under section 13(1) of the hindu marriage act, 1955 against the present appellate-wife on the ground of adultery. in the aforesaid marriage petition, petitioner-husband i. e. respondent no. 1 also made respondent no. 2 as party opponent, who ..... treatment in the civil hospital. respondent no. 1 kept the appellate at the house of his friend chandrakant gavali, teacher and asked her to remain there till her treatment was over. it appears that after respondent no. 1 left ratnagiri for his village the appellant left the place of this chandrakant gavali and started residing in the house of respondent no ..... facts, should not be disturbed in the second appeal, more particularly when there is a written admission on the part of the present appellant to the effect that she was in adultery with respondent no. 2.4. i have heard both the sides at length it is the case of the respondent no. 1 - husband that somewhere in the year 1972 the .....Tag this Judgment!
Court : Karnataka
Reported in : I(1998)DMC318; ILR1997KAR3144; 1997(4)KarLJ735
..... 4. we have heard the learned counsel for the parties on the diverse views expressed by them at the bar. in our opinion, the answer to the question canvassed lies on the reading of section 19 and 25 of the hindu marriage act, 1955 (in short 'the marriage act') read with section 7 of the family courts act, 1984.5. section 19 and 25(1) of the hindu marriage act ..... maintenance as envisaged under section 25 of the marriage act.8. further, on reading of section 7 of the family courts act, 1984 as noticed above, it becomes abundantly clear that, ..... /94 passed by the civil judge, mysore. since in the said divorce proceedings the appellant had not claimed any maintenance, therefore, no. decree was passed to that effect.3. subsequently, the appellant along with her two minor daughters filed application before the family court at bangalore claiming maintenance at rs. 2,000/- p.m. from ..... to the district court within the local limits of whose ordinary original civil jurisdiction the marriage was solemnized. in the present case, admittedly, the marriage was solemnized at bangalore and therefore, the district court, as defined under section 3(b) of the marriage act having jurisdiction over the territorial limits of bangalore, has jurisdiction to entertain the application for payment of .....Tag this Judgment!
Court : Madhya Pradesh
..... judgment of the court was delivered by : ajit singh, j.this appeal is by the wife against the judgment dated 19.7.2012 whereby her petition under section 12 of the hindu marriage act, 1955 (in short, the act .) has been dismissed for want of jurisdiction.2. the wife was married to respondent-husband on 29.11.2011. she lived with him up to 14.1 ..... that husband remained ex-parte before the trial court 4. the trial court dismissed the wife s petition on the ground it had no jurisdiction because parties did not last reside together at garha kota, district sagar, as they had lived there only for two days.5. the amended section 19 of the hindu marriage act, 1955 reads as under: s.19. every petition under this ..... section 19 without clause (iiia) has been quoted in the judgment. for these reasons, the impugned judgment cannot be sustained and is set aside ..... the trial court and she also did reside within its jurisdiction on the date when she presented the petition for dissolution of marriage. but it appears that the trial court omitted to look to the amendment in section 19 by which clause (iiia) was inserted with effect from 23.12.2003. this is also 3 apparent from the impugned judgment because un-amended .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1969All191; 1969CriLJ517
..... the petition under s, 10 of the hindu marriage act of 1955. the allegation made by the opposite party before the magistrate was that he had obtained the decree for judicial separation on this ground.'the learned judge then proceeded to observe as follows:--'sub-section (4) of section 488, cr.p.c., provides that no ..... decision.5. neither the criminal procedure code nor the hindu marriage act anywhere provides that a decree for judicial separation operates as a bar to a claim for maintenance under section 488 of the former enactment, and there can, consequently, be no warrant for holding that it has that effect. of course, if the decree goes to ..... then started by smt. atar kunwar on 25-9-1964. it appears that some time in 1964 nathu ram instituted a proceeding under section 10 of the hindu marriage act against smt. atar kunwar praying for a decree for judicial separation. in that proceeding smt. atar kunwar filed an application on 10-11 ..... it clear that it does not lay down the broad proposition on which the reference is based. it will be noticed that before pronouncing upon the effect of the decree for judicial separation which was pleaded in that case as a bar to the claim tor maintenance allowance, tripathi, j., who ..... establish any fact which, on the terms of section 488, cr.p.c., itself, precludes a claim for maintenance, the claim may be said to be .....Tag this Judgment!