Court : Delhi
Reported in : AIR1984Delhi66; ILR1984Delhi546; 1984RLR187
..... me to t. sareetha v. t. venkata subbaiah, : air1983ap356 . in that case p. a. chaudhary j. held that section 9- of the hindu marriage act, 1955, (the act) offends articles 14 and 21 of the constitution and thereforee declared it null and; void. it was a simple case in which the husband had filed ..... passed by then. previously under the act the decree-holder alone was entitled to sue for divorce. by the amending ..... a supplement of 1955. at p. 929 (not p. 99 as the learned judge says) the author says : 'a suit for restitution by the wife is rare'. this was true before the hindu marriage act was enacted in 1955. gupte was referring to old hindu law and not to the act because the act had not been ..... husband. from that decreethe wife appeals to this court.(2) 0n appeal counsel for the wife. attacked' the constitutional validity of section 9 of the hindu marriage act. i issued 'notice to attorney-general. he appeared and argued' the case. this part of the judgment deals with the constitutional question. the ..... act 44 of 1964 'either party to a marriage' is allowed to present a petition on .....Tag this Judgment!
Court : Kerala
Reported in : AIR1991Ker175; I(1991)DMC323
..... where the supreme court specifically stated that under the codifying acts merely .the hindu marriage act 1955, the hindu succession act, 1956, the hindu minority and guardianship act 1956 and the hindu adoption and maintenance act, 1956, an extended meaning has been given to the expression 'hindu' in view of the explanation 1 to section 2(1) of the hindu succession act, 1956 and the hindu marriage act 1955 and also explanation ii to section 3(1) of ..... be considered as a member of the family. discussing the question, the supreme court observed (1978) 104 itr 442:'under the codifying acts, namely, the hindu marriage act, 1955, the hindu succession act, 1956, the hindu minority and guardianship act, 1956 and the hindu adoption and maintenance act, 1956, the orthodox concept of the term 'hindu' has undergone a radical change and it has been given an extended meaning. the aforesaid codifying ..... the hindu minority and guardianship act, 1956. in this context i may point .....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 : 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 : 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 .....Tag this Judgment!
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 .....Tag this Judgment!
Court : Chennai
Reported in : AIR1957Mad243
..... of the institution of the suit'. (see page 104 of d. h. chaudhari's special marriage act, 1954). 13. under the hindu marriage act, 1955, also, impotency is not a ground for divorce but a ground for nullity. section 12 states:'any marriage solemnized, whether before or after the commencement of this act, shall be voidable and may be annulled by a decree of nullity on any of ..... language with clause (a) if section 12 of the hindu marriage act 1955. therefore no vested right has been taken away and no new right has accrued.2. the ..... ) which provides that either party to a marriage solemnised before or after the commencement of this act..... may pray that the marriage be dissolved on the ground that the other party was impotent at the time of marriage and continued to be so until the presentation of the petition. this act has been repealed and replaced by the hindu marriage act 1955, section 12(a). the clause (h) ..... of section 5 of act vi of 1949 is identical in .....Tag this Judgment!
Court : Chennai
..... from march, 2000. (iii) the sons of the first petitioner are however continued to be treated as legitimate children of the said ponnan in terms of section 16 of the hindu marriage act, 1955 and the elder son was substituted to receive family pension from march, 2000 as provided in the pension scheme. the earlier payment of terminal benefits and family pension till february ..... said v.ponnan filed h.m.o.p.no.37 of 1992 before the sub court, karur and prayed for dissolution of the marriage between him and the said pitchiamma under section 13(1)(i-b) of the hindu marriage act, 1955. the ground raised in hmop was desertion. in the said petition filed in h.m.o.p.no.37 of 1992, the said ..... divorce, v.ponnan has chosen to file h.m.o.p.no.37 of 1992 before the sub court, karur to dissolve the marriage between himself and the said pitchiamma under section 13(1)(i-b) of the hindu marriage act, 1955 and an exparte decree was passed by the sub court, karur, as the said pitchiamma failed to appear when the matter was called ..... petitioner married the said ponnan on 14.9.1990 and the same is in violation of sections 11 and 17 of the hindu marriage act, 1955. therefore, the first petitioner cannot be treated as legally wedded wife of the said ponnan and consequently her request for compassionate appointment was rejected and payment of family pension was .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1982Bom400; 1982(1)BomCR454
..... such curable epilepsy and false representation that the respondent was healthy does not amount to frand within the meaning of that word used in sec. 12(1)(c) of the hindu marriage act, 1955. the petitioner, therefore, has failed to prove that his consent was obtained to prove that his consent was obtained by fraud.' it is therefore, clear that according to the learned ..... was stated (at p. 138 of air).'these, decision, therefore, before and after the hindu marriage act, 1956, came into force definitely show that the indian contract act, 1872, does not apply to the marriage under the hindu marriage act, 1955, and that the word 'fraud' used in s. 12(1)(c) of the hindu marriage act does not mean any fraudulent representation or concealment. the test to be applied is whether ..... there is any real consent to the solemnization of the marriage'.it was then held (at p. 138 .....Tag this Judgment!
Court : Mumbai
Reported in : 1989(1)BomCR156
..... in that case that the existence of a decree is a condition precedent to the exercise of the jurisdiction under section 25(1) of the hindu marriage act, 1955. the learned judge has held that if there is no decree, the ancillary relief for permanent alimony under section 25(1) will not be ..... be getting an income of rs. 5000/- per month and on that basis, directed payment of alimony to the respondent-wife under section 25 of the hindu marriage act, 1955 at the rate of rs. 2000/- per month, rs. 1500/- for the wife and rs. 500/- for the child. the petitioner's petition ..... 1976 mhlj 513.in that case the question had arisen both under sections 18, 24 and 25 of the hindu adoptions and maintenance act, 1956 as also under section 25 of the hindu marriage act, 1955 with which we are presently concerned. i am happy to say that precisely the same view which has been ..... court and the appeal against the same was dismissed by the appeal court. the respondent/wife thereafter made an application under section 25 of the hindu marriage act for permanent alimony and the district judge, who heard the application, awarded a sum of rs. 40/- per month to her as permanent alimony ..... therefore, considered party substantive and party procedural, whether it is described as incidental or ancillary or supplementary or complementary to the main proceedings under the hindu marriage act.'35. my attention was not invited to any other subsequent authority of this court of a division bench taking a contrary view. on the other .....Tag this Judgment!