Court : Gujarat
Reported in : AIR1999Guj251; I(2000)DMC323; (1999)2GLR1170
..... matrimonial causes, of staying the suit in such circumstances is the best way of dealing with such a situation and the said principle should be applied in proceedings under the hindu marriage act, 1955 as a rule of justice, equity and good conscience. it was contended before the calcutta high court on behalf of the husband that the wife could enforce the order ..... the court at ahmedabad are neither practical nor feasible to advance the purpose and object of justice, rather the whole purpose of providing maintenance pendente lite as contemplated by the hindu marriage act to spouse who is handicapped, shall stand defeated and thwarted. in such cases, where the order of maintenance pendente lite has been passed by the family court at ..... madhya pradesh high court was also concerned with the questionof stay of the proceedings in a matrimonial case for non-compliance with the order passed under section 24 of the hindu marriage act. the madhya pradesh high court considered that if payment of maintenance pendente lite and expenses of the proceedings is to be deferred until after the termination of the proceeding ..... not impossible, to decide the case satisfactorily or expeditiously. it will result in denial of justice to the person in whose favour the order under section 24 of the hindu marriage act has been made. however, the punjab high court further considered that when the question arises if the courts are helpless and cannot make effective the legislative intention expressed in section .....Tag this Judgment!
Court : Gujarat
Reported in : AIR2008Guj106; 2008GLH(1)772; (2008)2GLR1128
..... violative of article 14 or article 25 of the constitution, the provisions are violative of article 21 of the constitution and are also inconsistent with the provisions of the hindu marriage act, 1955. relying on the decision of the apex court in vinita saxena v. pankaj pandit : air2006sc1662 , it is contended that the husband denying the right of the wife ..... in short the 'constitution').7. apart from the above view of the matter, in our considered opinion, the impugned provisions of the state act cannot be said to be inconsistent with the provisions of the hindu marriage act, 1955. reliance placed on the decision in vinita saxena v. pankaj pandit : air2006sc1662 is thoroughly misconceived. the undisputed facts in that case were ..... which would constitute a ground for decree of divorce. it is submitted that the impugned provisions of the state act are therefore, inconsistent with the provisions of the hindu marriage act, 1955 as well as the provisions of the medical termination of pregnancy act, 1971, and therefore, by virtue of provisions of article 254 of the constitution, the provisions of the ..... the impugned provisions of the gujarat municipalities act can be said to be inconsistent with the provisions of the medical termination of pregnancy act, 1971. we, therefore, see no inconsistency whatsoever between the impugned provisions of the said act and the provisions of the hindu marriage act, 1955 and the provisions of medical termination of pregnancy act, 1971.we find no merit in this .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1971Guj33
..... the guiding and salutary principles regarding the burden of proof etc. to be discharged in matter falling within the scope of sections 10, 13 and 23 of the hindu marriage act, 1955, one of them being that in matrimonial proceedings the court had to be vigilant that the burden of proof is satisfactorily established and properly discharged by the applicant ..... or about 25-2-1963 and it is alleged that the child was a result of the respondent living in adultery.5. section 21 of the hindu marriage act, 1955 deals with the procedure to be adopted, and further provides that matrimonial proceedings being of a special nature, provisions made under the ..... code are made applicable. the high court of bombay has framed rules under sections 14 and 21 of the hindu marriage act (xxv of 1955) for carrying out the purposes of the act. the rules are called the hindu marriage and divorce rules, 1955 which are contained in para 279 in chapter xv at pages 110 to 115 of the civil manual 1960 volume ..... beating given by the appellant to the respondent.4. there are certain admitted facts namely that the parties were married in 1932 when they were children and the marriage was consummated in the year 1944 and ultimately a daughter named kanta was born. the appellant was serving in crompton engineering co. madras ltd., since about the ..... 1. the appellant filed hindu marriage petition no. 19 of 1964 for obtaining a divorce from the respondent, on the ground of her living in adultery. the trial court decreed the suit .....Tag this Judgment!
Court : Gujarat
Reported in : II(2003)DMC428; (2003)1GLR865
..... . thus, desertion may be classified under the following heads :-(a) actual desertion,(b) constructive desertion, and(c) wilful neglect : this expression is used both under the special marriage act, 1954 and the hindu marriage act, 1955 and in some cases, it has been considered part of constructive desertion.the main elements of desertion are :(a) the fact of separation (factum deserdendi), and(b) the intention ..... of ms. jorden diengdeh v. s.s. chopra, reported in air 1985 sc 935 para 7.(2) he submitted the 71th report of the law commission of india on the hindu marriage act, 1955, dated april 7, 1978 throw much light on the matter. [re. the same has been quoted by the apex court in the case of ashok hurra v. rupa bipin ..... and the daughter lived with her parents at rajahmundry, while the husband continued to stay with his parents at palacole. the husband filed a petition for dissolving the marriage under section 13 of the hindu marriage act, 1955 praying for a decree for divorce on the ground stated in sub-clause (i-b) of sub-section (1). in the petition, it was alleged that ..... daughter returned to india and it seems that the misunderstanding between the parties deepened and ultimately the appellant filed application for divorce under section 13 of the hindu marriage act, 1955 alleging that after the solemnization of their marriage, the respondent treated the appellant with cruelty. in view of the said circumstances, the family court, after assessing the merits of the matter, held that .....Tag this Judgment!
Court : Gujarat
Reported in : (2003)1GLR309
..... to join her matrimonial home amounts to desertion and the appellant-husband is entitled for a decree of divorce on the ground provided under section 13(1)(ib) of the hindu marriage act, 1955.14.7 i have considered the entire aspect and there is no useful purpose to have kept the parties as husband and wife particularly from 1993 both husband and wife ..... husband's matrimonial home amounts to desertion and whether the appellant-husband is entitled for decree of divorce on this ground as provided under section 13(1)(ib) of the hindu marriage act, 1955 ?'4a. this matter was heard on 24th and 26th december, 2001. arguments were over. however, at that time both the learned counsel stated that before the court pronounces the judgment ..... . 754 of 1996 in the court of civil judge (s.d.), kalyan on the ground of desertion as contemplated under sections 13(1)(ia) and 13(1)(ib) of the hindu marriage act, 1955. the said petition was filed on 31-12-1996. in the said application the respondent-wife filed written statement on 14-9-1997 before the learned civil judge (s.d ..... and the daughter lived with her parents at rajahmundry, while the husband continued to stay with his parents at palacole. the husband filed a petition for dissolving the marriage under section 13 of the hindu marriage act, 1955 praying for a decree for divorce on the ground stated in sub-clause (ib) of sub-section (1). in the petition, it was alleged that the father .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1984Guj167
..... he would not be a district judge for the purpose of determining the forum of appeal as that question does not fall within the ambit of the hindu marriage act. 1955. section 28 of the hindu marriage act is very clear on this point. section 28 runs as under :-'28. appeals from decrees and orders.(1) all decrees made by the court in any proceeding under this ..... before it that the court of the civil judge (s. d.) was a district court under the definition of the 'district court' as given in section 3(b) of the hindu marriage act, 1955 and that the appeal would lie directly to the high court. but that submission was negatived by the division bench.15. in first appeal no. 11581/81 upheld the preliminary ..... court as the amount or value of the subject-matter as fixed by the appellant in his application does not exceed rs. 20,000/-. under section 3(b) of the hindu marriage act, 1955. 'district court' is defined as under :-'3. (b) 'district court' means in any area for which there is a city civil court that court and in any other area the ..... . 18/ 79 in the court of the civil judge (s-d). ahmedabad (rural) at nerol under: sec 13(1)(b) of the hindu marriage act 1955 as amended by act no. 68 of 1976. to obtain a decree of divorce of his marriage with the respondent on the ground that she had deserted him for a continuous period of not less than two years immediately preceding .....Tag this Judgment!
Court : Gujarat
Reported in : I(1998)DMC345; (1997)3GLR440
..... has, therefore, prayed for interim alimony and expenses as stated above in exercise of her right under section 24 of the hindu marriage act, 1955 (for short 'die act'). the petitioner has denied the allegations contained in the respondent's application for interim alimony and cost. according to him, the trial court ..... wife) on the ground that his wife treated him with cruelty, as per the ground available under section 13(l)(ia) of the hindu marriage act, 1955 on the allegations that the respondent was having attacks of fit, she used to pick up quarrels frequently, she attempted to commit suicide ..... physical which could entitle an applicant to claim divorce under section 13(1)(ia) of the hindu marriage act, 1955. in chanderkala trivedi (smt.) v. dr. s.p.trivedi : (1993)4scc232 , it was held that if a marriage was dead and there was no chance of its being retrieved it was better to bring ..... :'a few excerpts from the seventy-first report of the law commission of india on the hindu marriage act, 1955 - 'irretrievable breakdown of marriage' dated april 7,1978 throw much light on the matter-'irretrievable breakdown of marriage is now considered, in the laws of a number of countries, a good ground of dissolving ..... /1966 : air1966guj139 , where a division bench of this court has observed that the right of second appeal conferred by section 28 of the hindu marriage act is limited to the grounds set out in section 100 of the code of civil procedure on the questions of law and not on questions of .....Tag this Judgment!
Court : Gujarat
Reported in : AIR2007Guj5; (2007)1GLR859(GJ)
..... sake of convenience.2. the opponent during pendency of hmp no. 341 of 2005 moved an application for maintenance pendente lite under the provisions of section 24 of the hindu marriage act, 1955 (the marriage act). the applicant herein has already submitted his reply and his objections to the said application. the present application came to be moved by the petitioner-applicant under the provisions ..... dwelling house of the joint family of the father also.(ix) that, the civil court ought to have considered the equality envisage in provisions of section 24 of the hindu marriage act, 1955. the petitioner husband wanted to prove on basis of the demanded documents that, the respondent wife has independent income sufficient for her support and the necessary expenses of the proceeding ..... considered the equality before law provided in section 24 of the hindu marriage act, 1955 and equal rights in properties by amendment in the hindu succession act, 1956 provided to respondent wife which are required to proved on basis of the documents and the court shall decide as per the procedure provided ..... and therefore, the application under section 24 of hindu marriage act, 1955 filed by wife is not tenable as per the provisions of section 24 as well as by amendment in the hindu succession act, 1956 by removing section 6 and 23 of the old act in favour of the woman.(x) that, the civil court ought to have .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1971Guj91
..... 1968.2. the facts giving rise to this revision petition, briefly stated, are as under:the present petitioner filed hindu marriage petition no. 15 of 1965 against the opponent in the court of civil judge, senior division, nadiad, under section 9 of the hindu marriage act, 1955, for obtaining a decree for restitution of conjugal rights. according to her, she was married to the opponent on ..... 26th may, 1959 according to the hindu rites and custom of the caste. there was consummation of marriage. during the wedlock, two children were born. the opponent started illtreating her ..... made the following decretal order:'order (dated) 14-11-1967 in judgment, ex.169, and decree, ex. 170, in hindu marriage petition no. 16 of 1965 in the court of civil judge, (senior division) at nadiad, are hereby set aside and the same hindu marriage petition no. 16 of 1965 is remanded back for the disposal according to law to the said trial court ..... witnesses to rebut the additional evidence led on behalf of the opponent. that part of the order is quite correct. it cannot be said that the learned appellate judge has acted with material irregularity or has committed an illegality in the exercise of his jurisdiction. really speaking, such an order cannot be interfered with in the exercise of the revisional .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1968Guj150; (1967)GLR888
..... bhagwati, j. (1) this appeal raises a short but interesting question of construction of section 25 of the hindu marriage act, 1955. the question is whether a husband or wife can apply to the court for permanent alimony under section 25 after the passing of ..... to apply for permanent alimony after the passing of the decree for divorce or annulment of marriage which the wife possessed under the english law. as a matter of fact when we turn to section 37 of the special marriage act, 1954, we find that even that section contemplates making of an application by the ..... husband or the wife after the passing of the decree for divorce or annulment of marriage. there is therefore, no reason why we should place a narrow ..... are relevant to the alternative contention urged on behalf of the appellant. (2) the appellant and the respondent were married according to hindu writs and one son was born of this marriage. the appellant and the respondent, however, soon fell out and the respondent left the appellant and went away to her father's ..... always been the law that an application for permanent alimony can be made after the passing of a decree for divorce or annulment of marriage. section 19 of the matrimonial causes act, 1950, contains an express provision saying that an order granting permanent alimony may be made by the court 'on pronouncing a decree .....Tag this Judgment!