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Judgment Search Results Home > Cases Phrase: hindu marriage act 1955 Court: rajasthan Page 1 of about 6,616 results (0.078 seconds)

Jan 24 2005 (HC)

Vandana (Smt.) Vs. Suresh Charan

Court : Rajasthan

Reported in : AIR2005Raj193; RLW2005(3)Raj1517; 2005(2)WLC137

..... from the respondent to live with a lady who cannot discharge matrimonial obligations because of her mental disorder. sub-clause (iii) of sub-section (1) of section 13 of the hindu marriage act, 1955 very clearly provides that the husband or wife may seek decree for divorce on the ground that other party has been incurably of unsound mind or has been suffering continuously ..... disorder or mere undeveloped mind of spouse is not the ground for granting decree for divorce to other. sub-clause (iii) of sub-section (1) of section 13 of the hindu marriage act, 1955 clearly provides that such disorder must be of such kind and extent that the petitioner cannot reasonably be expected to live with the respondent. according to learned counsel for the ..... 1982 cal. 138). it is also submitted that non-examination of the defendant herself cannot be a ground for passing decree for divorce under section 13(1)(iii) of the hindu marriage act, 1955. according to learned counsel for the appellant, even if any inference is drawn against the appellant then also it can be up to holding that defendant suffered or suffering from ..... present petition was filed after about more than six years. therefore, the divorce petition remained for consideration for grant of decree for divorce under section 13(1)(iii) of the hindu marriage act, 1955.7. issues were framed and plaintiff himself appeared in the witness-box and gave his statement and he was cross-examined by the defendant. the plaintiff in his evidence produced .....

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Oct 29 1984 (HC)

Smt. Shanti Devi Vs. Raghav Prakash

Court : Rajasthan

Reported in : AIR1986Raj13; 1985(1)WLN437

..... the district judge, jaipur, district jaipur so far as it relates to the passing of decree of divorce under section 13(1)(1a) of the hindu marriage act, 1955, against the appellant, is upheld. so far as it relates to the grant of permanent alimony in favour of the wife-appellant, the impugned ..... between the husband & wife has resulted in this matrimonial dispute. the respondent husband has filed a petition under section 13 of the hindu marriage act, 1955 (hereinafter referred to as 'the act') alleging therein that he has been a good scholar in bindi literature but got an illiterate wife, who smokes and is habitual for ..... and abusing. shri jain pointed out that these allegations are too bald and sweeping, vague, insignificant and insufficient to dissolve the marriage in the hindu society under the act. shri jain pointed out that the issues were framed in april, 1978 and many opportunities were afforded to the husband-respondent to ..... down in the relevant judgments, referred to by the learned counsel for the parties. undoubtedly, granting divorce in hindu society is not a matter of routine but it is exception, as marriage is a sacrament and cannot be broken like a house of cards treating it as a contract. the ..... by educated couples is much more than illiterate couples and, that only exposes of the myth of the so-called alleged and illiteracy for the marriage, so far ahappy married life is concerned, though they have got much relevance in other academic fields.15. however, it would be doing .....

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Sep 15 1972 (HC)

Vinay Kumar Vs. Smt. Purnima Devi

Court : Rajasthan

Reported in : AIR1973Raj32; 1972()WLN698

..... decided on affidavits of the parties concerned. i am confirmed in this by rule 801 (b) of the rajasthan high court rules made under the hindu marriage act, 1955. clause (a) of the rule lays down what an application for maintenance pendente lite should contain. it provides that the application shall state the average ..... -12-1971 awarding pendente lite maintenance to the respondent wife under section 24 of the hindu marriage act, hereinafter to be referred as the 'act', during the trial of the application moved by the wife under section 10 of the act for judicial separation.2. respondent smt. purnima devi had filed the application against the ..... remanded the case with the direction that he shall afford an opportunity to the wife-applicant to take steps to conform to rule 13 of the hindu marriage and divorce rules, 1956 and thereafter he shall call upon the applicant to adduce such evidence as she may think fit and proper in support ..... high court. it appears from the judgment that the wife's application was not supported by any affidavit of the wife. rule 13 of the hindu marriage and divorce rules, 1956 was relied upon. that rule is analogous to the rule 801 (b) of the rajasthan high court rules which has ..... dansena v. jagadish dansana, air 1964 orissa 122; bhalu v. hemo, air 1969 orissa 236 and mary therosa parker v. george doughlas parker, air 1955 nuc (mad) 3940.5. learned counsel for the respondent, on the other hand, submits that the learned district judge had a wide discretion in the .....

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Jul 31 1986 (HC)

Smt. Sunita Bali Vs. Ashok Bali

Court : Rajasthan

Reported in : AIR1987Raj79; 1986(2)WLN661

..... section 13 of the said act and are governed by the provisions of the hindu marriage act, 1955.3. an application under section 21a, hindu marriage act, 1955 read with section 23, civil p.c. has been filed by the petitioner for transferring the jaipur petition to the city ..... invoking the provisions of section 21a read with section 23(3), civil p.c. the power of transfer can be exercised in the circumstances provided under section 21a, hindu marriage act, 1955, and such powers are not subject to the procedure to be adopted by the different matrimonial courts. the power to transfer petition, in such circumstances, enumerated in section ..... husband) filed a petition on or about 12th dec. 1985, in the family court, jaipur, for divorce under section 13, hindu marriage act, 1955, on the ground of desertion (bearing matrimonial petition no. 31 of 1986; hereinafter referred as jaipur petition). both the bombay petition and the jaipur petition are for divorce under ..... petition was filed at bombay in the city civil court in its matrimonial jurisdiction. that petition bears no. 1165 of 1985. the said petition was filed under section 13, hindu marriage act, 1955, for a decree of divorce (hereinafter referred to as bombay petition). this petition was filed by the petitioner (wife) against her husband, non-petitioner. the non-petitioner ( .....

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Nov 01 1974 (HC)

Chand NaraIn Gautam Vs. Smt. Saroj Gautam

Court : Rajasthan

Reported in : AIR1975Raj88; 1974(7)WLN808

..... , (1886) ilr 10 bom 301. then onwards a relief in the nature of restitution of conjugal rights was available to the hindus in civil courts. after the passing of the hindu marriage act, 1955 section 9 gives a statutory sanction to a proceeding for restitution of conjugal rights. thus it will be seen that with the march of time the devine status of the ..... hi a criminal case and the wife's plea was not thus fully proved. he also argued that according to the hindu concept of matrimonial life the wife was required to show tolerance and section 9 of the hindu marriage act, 1955 (hereinafter called 'the act') should be so construed as to advance matrimonial relationship rather than disrupting it. he placed reliance on lachman utamchand kirpalani ..... held--'the fact that the evidence adduced by the wife is not sufficient to sustain her plea of cruelty of the kind mentioned in section 10(1) (b) of the hindu marriage act will not justify the court in awarding restitution against her.'the learned judge further observed,-- 'a woman of modern times is entitled to insist that her husband should treat her ..... is guilty of conduct which falls short of legal cruelty in the sense that it is not cruelty of the kind men-tioned in section 10(1)(b) of the hindu marriage act, but his misbehaviour or misconduct is such that the wife is fully justified in separating herself from him, the husband cannot succeed in his petition under section 9 as it .....

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Jul 19 2001 (HC)

Smt. Mohini Devi Vs. Ram Chandra Vardani

Court : Rajasthan

Reported in : 2001(3)WLC622; 2002(2)WLN549

..... .1984 at kishangarh district, ajmer. they had no issue out of the wedlock, husband ram chandra brought a petition against his wife under section 13 of the hindu marriage act, 1955 (hereinafter called the 'act') for dissolution of marriage on the ground of cruelty. however; the husband petitioner also alleged in the petition that on 17.7.1991, the panchayat and respective persons of the society ..... singh (supra) the respondent preferred an appeal against the judgment of the learned district judge, ajmer dismissing the wifes' petition for restitution of conjugal rights under section 9 of the hindu marriage act on the ground that the judgment adversely affects, the appellant husband in that the learned judge has found that the respondent is still the wife of husband. the learned single ..... appellant's title to the building was upheld.20. in the similar situation, in the case in hand, the petition of the respondent-petitioner filed under section 13 of the hindu marriage act, 1985 was dismissed on the ground that the panchayat had already granted divorce to the parties on 17.7.1991 and as such no second decree of divorce dissolving the ..... of proceedings filed by the appellant for any of the reliefs under sections 9 to 13 of the hindu marriage act. however, we find that the issue no. 1 is redundant to the controversy between the parties in a petition under section 13 of the hindu marriage act.21. in the result, we allow the appeal treating it maintainable and set aside thefindings arrived at .....

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Sep 29 1981 (HC)

Umesh Chand Sharma Vs. Rameshwari Devi

Court : Rajasthan

Reported in : AIR1982Raj83; 1981()WLN392

..... comply with the decree and continued to stay 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 ..... punjab & haryana high court that a wife against whom a decree is passed on account of her 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 ..... 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, divorced on ..... was guilty of cruelty; (b) that the claim of rs. 500/- p. m. was excessive. adopting the reasoning given in dr. hermousji v. dina bai (air 1955 bom 413) -- a case under the parsi marriage & divorce act, 1936, the learned judges held that the conduct of the wife was relevant, but it was no part to be considered in the grant of alimony .....

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Feb 09 1987 (HC)

Rajendra Prasad Pareek Vs. Smt. Krishna Devi Pareek

Court : Rajasthan

Reported in : AIR1988Raj86; 1987(1)WLN326

..... passed by the learned district judge. jaipur city, jaipur, under section 28 of the hindu marriage act, 1955 read with section 96 of the c.p.c. in civil misc. (marriage) case no. 73/83. whereby the appellant's application under section 13 of the hindu marriage act, 1955 (hereinafter referred to as 'the act') was dismissed and a decree for restitution of conjugal rights was passed in favour of ..... marriage of both the parties took place on 22nd nov., 1978at ..... the respondent.2. the appellant filed an application under section 13 of the act, in which it was stated that the ..... jaipur according to the hindu rites and customs. it was further stated that the respondent lived with the appellant in his house at jaipur .....

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May 19 2000 (HC)

Smt. Pramila Bhatia Vs. Vijay Kumar Bhatia

Court : Rajasthan

Reported in : I(2001)DMC251; 2000(3)WLC496; 2000(3)WLN330

..... into existence nor it can be perpetuated notwithstanding the legal relationship which is brought into existence by performance of certain ceremonies of marriage as required by sec. 6 of the hindu marriage act, 1955.(19). the object of the provisions of the hindu marriage act, 1955 is to grant recognition to the human relationship between husband and wife and to regulate the conduct of the parties to the ..... being that the relationbetween the husband and wife, is primarily a human relationship which has been granted legal recognition and is sought to be regulated by the provisions of the hindu marriage act, 1955. there is a basic distinction between a human relationship and legal relationship. a legal relationship is brought into existence by law but a human relationship, can be brought into ..... 16). it is not necessary to cite other authorities to find out the meaning of word 'cruelty' which is aground for divorce u/s. 13(1)(ia) of the hindu marriage act, 1955.(17). after carefully going through the observations made by the hon'ble supreme court and the. high courts, it appears necessary to consider the question of cruelty in the ..... considering the evidence of both the parties, decided issues no. 1 and 2 in favour of the respondent-petitioner and granted decree for divorce u/s. 13 of the hindu marriage act, 1955 on the ground of cruelty.(9). the learned counsel for the appellant has submitted that the learned district & sessions judge has not appreciated the evidence of the parties in .....

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Nov 03 1988 (HC)

Dr. K.C. Sikroria Vs. Sarla Sikroria

Court : Rajasthan

Reported in : I(1990)DMC177; 1990(1)WLN520

..... the appellant and the respondent over a petition for divorce sought by the appellant-husband on the ground of desertion as provided for in section 13(1)(b) of hindu marriage act, 1955, (for brevity, 'the act') the first inning of the litigative match was fought and played before the district judge, kota, who, on an evaluation of the relative merits and demerits of the ..... complained that the husband began to mistreat her and the subsequent conduct revealed to her in retrospect that he had been acting in a pre-planned and calculated manner to get rid of her and to create fake grounds for getting marriage dissolved.35. the wife in her statement has stated that on may 17, 1974, she was taken to delhi by ..... , the husband began to mistreat her and that his subsequent conduct revealed to her in retrospect that he had been acting in a pre-planned and calculated manner to get rid of her and to create fake grounds for getting the marriage dissolved. not disputed by the wife, she was having trouble in her uterus and she in her statement as well ..... it will be disgraceful for her to accompany with husband straightway from the court--which was not acted upon by the husband and which by itself is sufficient to show that the husband was not intending to keep the wife with him. irretrievably broken marriage cannot be a ground for divorce, shri jain added.12. shri n.l. jain lastly wrangled by .....

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