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Judgment Search Results Home > Cases Phrase: hindu marriage act 1955 Court: allahabad Page 1 of about 8,492 results (0.070 seconds)

Sep 08 1997 (HC)

Smt. Guru Bachan Kaur Vs. Preetam Singh

Court : Allahabad

Reported in : 1998(1)AWC275

..... love and affection.11. in our considered view, the judgment of the family court is not sustainable and is liable to be set aside.12. section 23 of the hindu marriage act, 1955 (hereinafter referred to as the act of 1955) lays down that in any proceeding under chapter v or chapter vi, whether defended or not, if the court is satisfied. section 23 of the ..... be for companionship in the evening of life. there is no such ground like mutual desertion in the hindu marriage act. the family court has given a wrong finding and committed an error of law that both the parties have deserted each other. it has been judicially doubted that there can ..... idea of mutual desertion is that it is not distinguishable easily, if at all, from divorce by a consensual separation for the statutory period.'under section 13 of the act of 1955, it is specifically laid down that either the husband or wife who has filed a petition for divorce must always specifically prove that there is desertion by presentation for statutory ..... act of 1955 is quoted below with an advantage :'23. duty of court in passing decrees.--(1) in any proceeding under chpater v or chapter vi, whether deferred or not, if the court .....

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Dec 23 1980 (HC)

Smt. Anjula Vs. Milan Kumar

Court : Allahabad

Reported in : AIR1981All178

deoki nandan, j.1. this is a first appeal from an ex parte decree passed against the appellant-wife for restitution of conjugal rights under section 9 of the hindu marriage act, 1955.2. it is not necessary to state the facts of the case in any great detail for the purposes of the decision of this first appeal. suffice it to say, ..... the wife for an order for payment of rs. 500/- for the expenses of the proceedings and rs. 500/- per month as maintenance pendente lite under section 24 of the hindu marriage act. this application was accompanied by an affidavit by the wife, sworn at jabalpur, in which the wife declared her age to be 16 years. another application was moved on behalf ..... liable to be set aside for being based on no evidence, and on the further ground that the wife's application dated 16-7-79 under section 24 of the hindu marriage act was not heard and decided before proceeding to try the case. no oral evidence was led in this case. the affidavit of the husband dated 9-10-79 is the ..... suit as it thinks fit and on the pronouncement of such judgment, a decree shall be drawn up.'11. i may, in this context, also read section 23 of the hindu marriage act which distinguishes the trial of a matrimonial matter from other civil matters. it is as follows :--'23. decree in proceedings-- (1) in any proceeding under this .....

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Mar 11 1998 (HC)

Ashwani Kumar Kohli Vs. Smt. Anita

Court : Allahabad

Reported in : 1998(2)AWC1531; II(1998)DMC664

..... : (1) cruelly, and (2) desertion, open to the petitioner under clause (ia) and clause (ib) respectively of section 13(1) of the hindu marriage act, 1955. both the parties filed certain documents, namely, a notice alleged to have been given by the appellant to the respondent on 10th november, 1981 through the ..... her mother was ailing and thereafter the petitioner never took her back. explanation to section 13(1) of the hindu marriage act, 1955 provides that the expression 'desertion' in sub-section (1) of section 13 means the desertion of thepetitioner by the other party to the ..... kohli v. smt. anita, under section 13 of the hindu marriage act, 1955, dismissing his petition for divorce.2. admittedly the parties were married on 11th may, 1981 as per hindu customs and rites at barellly. the plaintiff-appellant's grievances are that after the marriage, the respondent stayed with the appellant for a very ..... ), the facts are also different, as rightly urged by the learned counsel for the respondent, a joint petition under section 13b(2) of the hindu marriage act had been filed by the parties. in this case, the husband who was a doctor had offered payment of rs. 4 to 5 lakhs towards ..... for more than two years without any sufficient cause. on the allegations of her cruelty and desertion, the appellant filed the marriage petition under section 13 of the hindu marriage act for a decree of divorce.3. the respondent wife smt. anita, resisted the petition, alleged that the allegations of cruelty and .....

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Jul 17 2002 (HC)

Brijesh Kumar Gupta Vs. Smt. Poonam Gupta

Court : Allahabad

Reported in : 2002(3)AWC2591

..... civil procedure. i may incidentally add that the present section 25 in the code of civil procedure came into force after sections 21 and 21a have been incorporated in the hindu marriage act, 1955.'(emphasis laid down by me)the aforesaid decision in the case of g. vijayalakshmi (supra), negatives the contention of the learned counsel for the husband-applicant before this court ..... and plenary power on this court could not have been in the contemplation of parliament at the time enactment of section 21a of the hindu marriage act, 1955. it is, therefore, difficult to accept the contention that section 21a of hindu marriage act excludes the power of transfer conferred upon this court by the present section 25 of c.p.c. in relation to proceedings under ..... '.....in the first place it is difficult to accept the contention that the substantive provision contained in section 25, c.p.c. is excluded by reason of section 21 of hindu marriage act, 1955..... in terms section 21 does not make any distinction between procedural and substantive provisions of c.p.c. and all that it provides is that the code as far as ..... the desired relief.8. the learned counsel for the husband-applicant, in support of his prayer in the transfer application, referred to the provision of section 21a hindu marriage act, 1955 (as amended up to date) called the act.section 21a of the act is being reproduced :'21a. (1) where : (a) a petition under thisact has beenpresented to a districtcourt havingjurisdiction by a partyto a .....

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Oct 05 1968 (HC)

Smt. Rohini Kumari Vs. Narendra Singh

Court : Allahabad

Reported in : AIR1970All102

..... end to cohabitation permanently. without such animus deserendi, there can be no desertion within the meaning of section 10 of the hindu marriage act (1955). if that be so, then it is clear that the consideration that in case the husband remarries, the wife is entitled to separate residence and maintenance, cannot be utilised as ..... great respect, we do not agree with the view taken by andhra pradesh and the mysore court in the above cases. 'desertion' within the meaning of the provisions of the hindu marriage act (1955) does not imply only a separate residence and separate living. it is also necessary that there must be determination to put an end to marital relations and to put an ..... an end and the remarriage afforded a just cause to the wife for living apart. that also was a case for judicial separation under section 10(1)(a) of the hindu marriage act (1955). in that case, it was found that the wife had left the matrimonial home without justifiable cause and without the consent of the husband; that there was clear evidence and ..... of reference made by hon. asthana, j. when the second appeal was listed before him for hearing.2. the second appeal arises out of proceedings under section 10 of the hindu marriage act, 1955 and is directed against the order of the learned civil judge, hamirpur, which was confirmed in appeal by the distract judge, banda.3. the respondent sri narendra singh happened to .....

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Oct 17 1978 (HC)

Smt. Preeti Archana Sharma Vs. Ravind Kr. Sharma

Court : Allahabad

Reported in : AIR1979All29

..... district judge, allahabad dated 30th march, 1978 on an application, made under section 24 of the hindu marriage act, 1955. in a suit filed by the husband for the dissolution of the marriage under section 13 of the act, the wife made an application for maintenance, pendente lite and expenses for legal proceedings. after considering ..... circumstances must be taken into consideration. i have already indicated the principles which should govern the grant of maintenance under section 24 of the hindu marriage act.7. i am of the opinion that in the present case the order of the court below is cryptic and it does not appear to ..... latter makes an application the court is bound to make an order in favour of the latter and vice versa.4. section 24 of the hindu marriage act, therefore, makes it clear that a reasonable amount has to be paid as maintenance allowance. what is reasonable amount will differ from case to ..... on the court and, therefore, no percentage of the income was fixed. section 24 of the hindu marriage act, however, makes it clear that no amount as maintenance is to be paid either to the wife or the husband, as the case may be ..... therefore, of the opinion that neither a minimum nor a maximum amount in terms of percentage can be fixed for the maintenance allowance under the hindu marriage act. the; quantum will always depend on tbe circumstances of the case. tbe legislature in its wisdom did not want that there should be any restriction .....

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Apr 30 1958 (HC)

Smt. Balwant Kunwar and ors. Vs. Addl. Munsiff, Dehra Dun and anr.

Court : Allahabad

Reported in : AIR1959All7

orderv.g. oak, j.1. the question raised in this petition under articles 226 and 227 of the constitution is whether, in view of the enactment of the hindu marriage act, 1955 (hereinafter referred to as the act, or the 1955 act), a munsif has jurisdiction to entertain a suit for restitution of conjugal rights where the parties are hindus.2. ranjit singh filed suit no, 306 of ..... he had jurisdiction to try a suit for restitution of conjugal rights.the defendants are not satisfied with this decision dated 18-4-1956. they maintain that inview of the hindu marriage act, 1955, the suit is not maintainable. hence the present application under articles 226 and 227 of the constitution.4. it appears that the parties are sikhs. according to clause (b) of ..... sub-section (1) of section 2 of the act, the act applies to sikhs also. so the present par-hies are governed by the hindu marriage act, 1955.5. section 9 of the act deals with restitution of conjugal rights. section 9 states-'(1) when either the husband or the wife has, without reasonable excuse ..... sub-section (1) of section 9 of the hindu marriage act, 1955 is similar to the language of section 32 of the indian divorce act. it is true that the language of section 19 of the 1955 act is different from the language of section 4 of the indian divorce act. but the 1955 act follows the general pattern of the indian divorce act.15. mr. brij lal gupta contended that .....

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Apr 26 1979 (HC)

Gopal Krishan Sharma Vs. Dr. Mithilesh Kumari Sharma

Court : Allahabad

Reported in : AIR1979All316

..... injurious for the petitioner to live with the other party; the parliament then passed the marriage laws (amendment) act, 1976 (act no. 68 of 1976) to further amend the hindu marriage act 1955. in section 13 of the act, for clause (i), the following clauses were substituted: '(i) has, after the solemnization of the marriage, voluntary sexual intercourse with any person other than his or her spouse; or (ia ..... ) has, after the solemnization of the marriage, treated the petitioner with cruelty, or (ib) has deserted the petitioner for a ..... law of matrimony. piecemeal legislations followed in certain parts of the country. the parliament ultimately passed the hindu marriage act in 1955 (act 25 of 1955), hereinafter referred to as the act to amend and modify the law relating to marriage among hindus. some of the basic features of the act are:--(1) the removal of restrictions on marriages between hindus belonging to different castes; (2) the prevention of bigamous .....

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Aug 30 1977 (HC)

Dr. Ashok Ranjan Saxena Vs. Smt. Vishwa Bharti

Court : Allahabad

Reported in : AIR1978All18

orderyashoda nandan, j.1. this is a revision by the husband and arises out of a petition filed by his wife (opposite party) under section 10 of the hindu marriage act, 1955 hereinafter referred to as the act for a decree for judicial separation, payment of permanent alimony and maintenance at the rate of rs. 500/- per month and return of ornaments, clothes, certificates acid ..... and physical cruelty.2. undisputably the applicant and the opposite party were hindus within the meaning of section 2 of the act and were married according to the hindu rites and customs at allahabad on the 25th june, 1974, after their marriage they lived as husband and wife at allahabad till december 1974 and during this period, it is alleged by the ..... another aspect of the case which leads me to the same conclusion. section 19 of the act runs in the following terms :--'every petition under this act shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction the marriage was solemnized or the husband and wife reside or last resided together'.according to this provision, ..... a petition can be presented to the district court firstly, within the local limits of whose ordinary original civil jurisdiction the marriage between the .....

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Nov 28 1980 (HC)

Smt. Sulochana Vs. Ram Kumar Chauhan

Court : Allahabad

Reported in : AIR1981All78

..... the finding about the allegation by the appellant being false was vitiated as being based upon evidence which was inadmissible in law. 8. the relevant provisions of the hindu marriage act, 1955 (as amended by the marriage laws (amendment) act, 1976 (parliament act 68 of 1976), (hereinafter be referred as the 'act'), in so far as it is material, reads: '10. judicial separation-- (1) either party to a ..... . the provisions of the code of civil procedure, as noticed earlier, are to regulate the proceedings under the hindu marriage act subject to the other provisions contained in that act or the rules framed by the high court as provided in section 21 of the act. the requirement that the facts on which the claim to relief is founded shall be stated in every petition ..... the facts constituting the cause of action and when it arose. 11. under the hindu marriage and divorce rules, 1'956 framed by the allahabad high court in exercise of rule-making powers conferred under the act, it has been provided in rule 4 that the petition made under the act shall, so far as may be, with necessary modifications and adaptations, be the ..... the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or.....' '13-a. in any proceeding under this act on a petition for dissolution of marriage by a decree of divorce, except in so far as the petition is founded on the grounds mentioned in clauses (ii), (vi) and (vii) of sub-section .....

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