Court : Mumbai
Reported in : 1994(3)BomCR521
..... , 1989.7. by october 1989, family courts were constituted for greater bombay. the jurisdiction of the bombay city civil court to entertain and decide matrimonial petitions under the hindu marriage act, 1955 and several other similar acts was transferred to the family court.8. on 18th november, 1989, indu made an application to the family court for setting aside of the above referred ex-parte ..... performed with undue haste and before the period of appeal against ex-parte decree dated 12th september, 1989 had expired and was thus in breach of section 15 of hindu marriage act, 1955.11. bharat opposed the application of indu for setting aside the ex-parte decree of divorce filed before the family court by filing his affidavit in reply dated 24th october, ..... thereafter (i.e. before the expiry of period of one year as prescribed by the proviso to section 15 of the act), rajendra kumar had married one smt. leela gupta. the said marriage was in contravention of section 15 of the hindu marriage act, 1955 as the period of one year from the date of passing of the decree for divorce had not expired. unfortunately rajendra ..... that this court in any event record a positive finding to the effect that reeta has status of a wife even if the marriage of reeta with bharat is held to be in contravention of section 15 of the hindu marriage act, 1955 by reason of the same having been performed before the expiry of the period of limitation for filing of an appeal against .....Tag this Judgment!
Court : Karnataka
Reported in : II(1992)DMC167; ILR1992KAR1798; 1992(2)KarLJ357
..... 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 ..... observed:'for appreciating the status of a hindu woman marrying a hindu male with a living spouse some of the provisions of the hindu marriage act, 1955 (hereinafter referred to as the act) have to be examined. section 11 of the act declares such a marriage as null and void in the following terms:- '11.void marriages.- any marriage solemnized after the commencement of this act shall be null and void and ..... contested the suit mainly on the ground that the suit as being not maintainable in view of his marriage with the plaintiff as being null and void by virtue of the provisions of section 11 of the hindu marriage act, 1955, which came into force on 18-5-1955 disentitling her claim for maintenance. both the courts have come to the conclusion that the plaintiff's ..... suit for maintenance under the provisions of the hindu adoptions and maintenance act, 1956, which came into force on 21-12-1956 as being .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2001(6)ALD460; 2001(6)ALT350
..... concept of cruelty on which ground now the husband sought a decree for divorce.18. it is well settled that 'cruelty' which is listed under section 13(1) of the hindu marriage act, 1955 as one of the grounds for grant of divorce is not confined to physical violence, but in conceives of mental cruelty as well. there cannot be any hard and fast ..... parents and younger brother.4. the husband filed op no. 567 of 1995 on 19-6-1995 in the family court at hyderabad under section 13(1)(ia) of the hindu marriage act, 1955 seeking dissolution of the marriage between the parties on the ground of cruelty. the averments made by the husband in the said petition in brief are as follows:5. after the ..... . at any rate the said two decisions are rendered while interpreting the provisions under the hindu marriage act, 1955 as amended by up act xiii of 1962 and section 18(2)(b) of the hindu adoptions and maintenance act, 1956 which are not akin to clause (ia) of section 13(1) of the hindu marriage act, and therefore the said decisions are not relevant for the purpose of the present ..... no. 567 of 1995 has been filed by the husband against the wife seeking dissolution of marriage between the parties under section 13(1)(ia) of the hindu marriage act, 1955, the other op no. 775 of 1996 has been filed by the wife under section 9 of the hindu marriage act, 1955 seeking restitution of conjugal rights. both the ops were tried together and on the basis of .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 1999(6)ALD413
..... 1991 when differences arose which led to filing of mc no.7 of 1991 by the appellant and filing of op no.44 of i_993 under section 11 of the hindu marriage act, 1955 by the respondent-husband.21. though the learned counsel for the respondent-husband cited the decisions yamunabai anantrao v. anantrao shivram adfiav and abbayotta m. subba reddy v. padmanitna ..... with her first husband jamalaiah, obtained by the appellant before the caste elders, is recognised by the hindu marriage act, 1955.17. section 29 of the hindu marriage act, 1955 provides for 'savings' and it reads thus:'29. savings :--(1) a marriage solemnised between hindus before the commencement of this act, which is otherwise valid, shall not be deemed to be invalid or ever to have been invalid ..... directed against the judgment and decree dated 4-2-1997 passed by the ii additional subordinate judge, vijayawada in op no.44 of 1993 annulling the marriage between the parties under section 11 of the hindu marriage act, 1955.2. for the purpose of convenience, the parties are referred to as appellant-wife and respondent-husband.3. wife is the appellant before us. the ..... of the issue involved in this case, it is relevant to extract the provisions of section 4 of the hindu marriage act, 1955, which read thus:'4. overriding effect of act :--save as otherwise expressly provided in this act; (a) any text, rule or interpretation of hindu law or any custom or usage as a part of that law in force immediately before the commencement of .....Tag this Judgment!
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 .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : AIR2000MP288; II(2000)DMC522; 2000(3)MPHT514; 2000(3)MPLJ361
..... a decree passed under section 11 or 12 of the hindu marriage act,1955.19. in the present case, the findings returned by the court below noticed hereinabove do not appear to be suffering from any such legal infirmity which may require any interference ..... as husband and wife with habit and repute a child is born, there can be no occasion whatsoever for making available the statutory presumption envisaged under section 16 of the hindu marriage act, 1955 securing the status of a legitimate child in favour of such a child born out of a union which was either void ab initio or declared to be so under ..... enough to include an illegitimate son especially in view of the provision contained in section 16 of the hindu marriage act, 1955, which provides that notwithstanding that a marriage is null and void under section 11, any child of such marriage who would have been legitimate if the marriage had been valid, shall be legitimate, whether such a child is born before or after the commencement of ..... been born. in the presence of his first wife, shaymwati who was married with chhote, he stood prohibited from entering into a second marriage during the life time of his spouse. the provision contained in section 5 of the hindu marriage act, 1955, clearly prohibits a marriage being solemnized between any two hindus, if either of them has a spouse living at the time of such .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1965SC364; (1964)66BOMLR681; 1965MhLJ365(SC); 7SCR267
..... petition for divorce instituted by the appellant on april 18, 1956 in the city civil court of bombay against his wife, the respondent under s. 12(1)(d) of the hindu marriage act, 1955. the petition was decreed by the city civil court, but on appeal, the high court dismissed it. 297. certain broad facts which are not in dispute are briefly these : the ..... the bombay high court, arises out of a petition praying for the annulment of the petitioner-appellant's marriage with the respondent, under s. 12 of the hindu marriage act, 1955 (act xxv of 1955), hereinafter called the act, on the ground that the respondent was, at the time of marriage, pregnant by some person other than the petitioner. 2. the facts leading to the proceedings are that the ..... on merits by the respondent, was dismissed by the baroda court on the ground of want of jurisdiction. the hindu marriage act, 1955 came into force on may 18, 1955. under this act, it was competent to a person, though married prior to the commencement of the act, to apply for divorce upon certain grounds including those set out in s. 12(1)(d) within one year ..... ) a.c. 391 should be followed by the courts while dealing with case under s. 7 of the indian divorce act, 1869, section 23(1) of the hindu marriage act, 1955 which deals with the powers of the court in a proceeding under the act also provides that the court shall decree the relief claimed by the petitioner, whether the petition is defended or not, if .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2006SC1675; 2006(2)AWC1057(SC); 2006(5)BomCR240; 2006(2)CTC510; 128(2006)DLT360(SC); I(2006)DMC489SC; (2006)3GLR2182; [2006(3)JCR128(SC)]; JT2006(3)SC491; 2006(4)MhLj242; (2006)4SCC558
..... case, on the consideration of the totality of facts, this court would like to recommend the union of india to seriously consider bringing an amendment in the hindu marriage act, 1955 to incorporate irretrievable breakdown of marriage as a ground for the grant of divorce. a copy of this judgment be sent to the secretary, ministry of law & justice, department of legal affairs ..... the appellant and the respondent are husband and wife. the appellant has filed a petition under the hindu marriage act, 1955 for divorce. the family court after comprehensively dealing with the matter ordered cancellation of marriage between the parties under section 13 of the hindu marriage act which was solemnized on 20.11.1975 and directed the appellant to pay rs. 5 lacs as her ..... ground of cruelty. it may be pertinent to note that, prior to the 1976 amendment in the hindu marriage act, 1955 cruelty was not a ground for claiming divorce under the hindu marriage act. it was only a ground for claiming judicial separation under section 10 of the act. by 1976 amendment, the cruelty was made ground for divorce. the words which have been incorporated ..... in the interest of both the parties.84. consequently, we set aside the impugned judgment of the high court and direct that the marriage between the parties should be dissolved according to the provisions of the hindu marriage act, 1955. in the extra-ordinary facts and circumstances of the case, to resolve the problem in the interest of all concerned, while dissolving .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 2009AIRSCW5899; AIR2010SC229; 2010(1)ALT29(SC); 2009(4)AWC3635; JT2009(14)SC139; (2009)8MLJ405(SC); 2010(1)MPHT387(SC); (2010)157PLR248; 2009(12)SCALE115; (2009)10SCC415; 2009(9)LC4071(SC)
..... appeal is, therefore, allowed. the impugned judgment and order of the high court is set aside and the petition for grant of mutual divorce under section 13b of the hindu marriage act, 1955, is accepted. there will be a decree of divorce on the basis of the joint petition filed by the parties before the second additional district judge, chhindwara, under section ..... not agreeable to a mutual divorce. in ordinary circumstances, the petitioner's remedy would lie in filing a separate petition before the family court under section 13 of the hindu marriage act, 1955, on the grounds available, but in the present case there are certain admitted facts which attract the provisions of section 13b thereof. one of the grounds available under section ..... second proposition is that although the supreme court can, in exercise of its extraordinary powers under article 142 of the constitution, convert a proceeding under section 13 of the hindu marriage act, 1955, into one under section 13b and pass a decree for mutual divorce, without waiting for the statutory period of six months, none of the other courts can exercise such ..... suit. during the pendency of the transfer petition before this court, the parties settled their disputes, and, although, the petition involved a proceeding under section 13 of the hindu marriage act, 1955, keeping in mind the settlement arrived at between the parties and also the interest of the parties, this court granted a decree of divorce by treating the pending application as .....Tag this Judgment!
Court : Delhi
Reported in : ILR1970Delhi301
..... performed at all. (13) the question of law, thereforee, is whether the agreement to marry followed by the homam ceremony without the saptapadi ceremony constituted a valid marriage between the parties. what is a hindu marriage the hindu marriage act, 1955, does not define it. it no where states that it is constituted by a mere contract to marry. on the other hand, sections 5, 10, 11 ..... does not give any indication that such a clean break from the past law was intended by the legislature. the hindu marriage act, 1955, occupies only a part of the general hindu law. it has, thereforee, to be considered in the overall setting of the wider hindu law. the principle as to the construction of such a statute is expressed by sir carleton kemp alien in ..... performed. on the contrary, obroi has referred generally to 'hindu rites' according to which the marriage was to be performed. saptapadi was an essential component of the 'hindu rites' constituting the marriage. as saptapadi was not performed, the attempted marriage was contrary to section 7(2) of the hindu marriage act, 1955. the result is that there was no marriage at all between obroi and miss godwani. their status, thereforee .....Tag this Judgment!