Court : Mumbai
Reported in : 1982(1)BomCR454a
..... . after considering all these authorities, it was stated :'these, decisions, therefore, before and after the hindu marriage act, 1955, came into force definitely show that the indian contract act, 1972, does not apply to the marriage under the hindu marriage act, 1955, and that the word 'fraud' used in section 12(1)(c) of the hindu marriage act does not mean any fraudulent representation or concealment. the test to be applied is whether ..... such curable epilepsy and false representation that the respondent was healthy does not amount to fraud within the meaning of that word used in section 12(1)(c) of the hindu marriage act 1955. the petitioner, therefore, has failed to prove that his consent was obtained by the respondent or her relations by fraud'.it is, therefore, clear that according to learned judge the ..... there is any real consent to the solemnization of the marriage'.it was then held :'a person who freely consents to a solemnization of the marriage under the hindu marriage act with the .....Tag this Judgment!
Court : Mumbai
Reported in : 1999(5)BomCR851; I(1999)DMC168
..... . the view that we are taking may be against the wife but it is not as if the wife is without any remedy. section 25 of the hindu marriage act, 1955 empowers the court exercising jurisdiction under the hindu marriage act, at the time of passing of the decree or at any time subsequent thereto, to direct the spouse that he shall pay maintenance to the applicant ..... decision of the gujarat high court in patel dharamshi premji v. bai sakar kanji, a.i.r. 1986 guj. 150 where it was held that under section 25 of the hindu marriage act, 1955 permanent alimony can be granted even to an erring wife and the mere fact that the wife did not comply with the decree for restitution of conjugal rights and that ..... to the husband. no application for maintenance or permanent alimony was preferred by the wife had, hence, there was no occasion for making an order under section 25 of the hindu marriage act, 1955. though the wife had failed earlier in her application under section 125 in both the courts, she filed a fresh application in the year 1982 after the husband had obtained ..... a wife against whom a decree for judicial separation is passed, but a wife who has deserted her husband within the meaning of the explanation tosection 10(1) of the hindu marriage act, 1955, as discussed above,is not entitled to apply under section 125 of criminal procedurecode, 1973'.we are in respectful agreement with the view expressed by the division bench in sharadchandra .....Tag this Judgment!
Court : Mumbai
Reported in : 2002(2)BomCR436; II(2002)DMC89
..... the nevada court. the judicial magistrate. f.c. jullander, however, refused to recognise that decree observing that the husband had not permanently settled in nevada and the marriage could be dissolved only under the hindu marriage act, 1955. in this view of the matter the magistrate passed an order of maintenance in favour of the wife, which was also confirmed by the additional sessions judge ..... /decree passed by a court of competent jurisdiction and it is conclusive and binding. consequently, the subsequent marriage of deceased indrasen with plaintiff no. 2 chandra solemnized on 30-8-1964 as per hindu vedic rites is perfectly legal and valid under section 5 of the hindu marriage act, 1955. plaintiff no. 1 shiv who was born on 13-11-1967 out of this lawful wed ..... 30-8-1964 when plaintiff no. 2 claims to have married the deceased. (vii) that the marriage between the deceased and plaintiff no. 2 being in contravention of the provisions of section 5 of the hindu marriage act, 1955 is null and void under section 11 of that act, and consequently she has no right to claim anything in the huf properties or the properties of ..... the deceased. (viii) as regards plaintiff no. 1, he gets legitimacy in view of section 16 of the hindu marriage act, but he cannot get any share in the .....Tag this Judgment!
Court : Karnataka
Reported in : AIR1984Kant236
..... -disclosure or concealment of such curable epilepsy and false representation that the girl was healthy did not amount to fraud within the meaning of s. 12(1)(c) of the hindu marriage act, 1955 as it existed before the amendment in 1976. we are keenly aware that the bombay high court in a recent decision in the case p. v. k. : air1982bom400 has held ..... not be the intention of the legislature. in ananth nath de. v. lajjabati devi : air1959cal778 also, the case was under the hindu marriage act, 1955 and s. datta, j., who delivered the judgment, has observed at page 779 that the marriage according to hindu law not being a contract, the consent at the stage of negotiations though obtained by fraud cannot affect the validity of the ..... the girl told that they are good luck patches which would disappear soon. so he averred that his consent for the marriage was taken by fraud. hence, under s. 12(1)(c) of the hindu marriage act, 1955. he sought for annulment of the marriage by a decree of nullity.3. the petition was resisted by the wife as also by respondent 2. they denied that ..... judge, mysore in m. c. no. 8 of 1975 on his file, dismissing the petition of the husband for annulment of marriage with respondent- 1.2. the husband averred in his petition instituted under s. 12(1)(c) of the hindu marriage act, 1955, that he was married with the 1st respondent on 25-4-1974 at chandrakavadi village, that he went to see the .....Tag this Judgment!
Court : Karnataka
Reported in : I(2004)DMC398; ILR2004KAR512; 2003(6)KarLJ323
..... the appeal. the appellant has also contended that the decision in pise is no longer good law in view of amendment to section 28 of the hindu marriage act, 1955 by act 60 of 1968.3. the learned single judge before whom the appeal came up for hearing, was of the view that mallappa's case, laid down the correct law ..... arises for consideration is whether an appeal from an order/decree of the civil judge, senior division, in a proceedings under sections 9, 10, 11, 12 and 13 of the hindu marriage act, 1955, lies to the high court or the district court.4. to decide the said question, a brief reference to the relevant provision of law is necessary.4.1 section 19 ..... the relevant enactments, the conflict between them is of no relevance to decide the matter with reference to section 28 read with section 3(b) of hindu marriage act, 1955 and section 19 of the karnataka civil courts act, 1964. hence, we find no need to refer any point of law to a full bench.14. we, therefore, dismiss this appeal filed under order 43 ..... of the division bench of this court in mallappa v. mallava, air 1960 mys. 292 (db), and section 19 of the civil courts act, an appeal against the order of the civil judge (senior division), passed under the hindu marriage act, 1955 would lie to the district court and not to the high court and the district court committed an error in ordering return of .....Tag this Judgment!
Court : Karnataka
Reported in : I(2003)DMC375; 2003(1)KarLJ379
..... pass a decree for judicial separation. the present is in our view an appropriate case in which we ought to invoke section 13a of the hindu marriage act, 1955, and instead of granting a decree for divorce, grant a decree for judicial separation. we say so because the parties have already entered the evenings ..... mr 1957 sc 176, 1956 scr 838 the apex court summed up some of the important principles that will afford guidance in cases arising under the hindu marriage act, 1955. their lordships held that desertion is a matter of inference to be drawn from the facts and circumstance of each case. inferences drawn from certain ..... section 13(1)(ia) of the hindu marriage act, 1955, has not been defined in the statute. there is no gainsaid that cruelty can be both physical as well as mental. the decisions of the ..... been set up by her for the grant of divorce in the petition filed by her under section 13(l)(ia) and (ib) of the hindu marriage act, 1955. the claim for divorce is based on mental cruelty and desertion within the meaning of the provisions mentioned above.12. 'cruelty' as referred to in ..... said judgment.6. during the pendency of the above proceedings, the husband filed m.c. no. 146 of 1992 under section 9 of the hindu marriage act, 1955, for a decree for restitution of conjugal rights against the wife. the husband's version as set out in the said petition was that the .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR1992AP234; 1992(2)ALT346; II(1992)DMC608
..... time. the first stage would be the legal position as per the shastraic and textual hindu law and how it was understood and interpreted by courts prior to the enactment of the hindu marriage act of 1955. the second stage is the law after the advent of s. 16 of the hindu marriage act, 1955. the third stage is the legal position emerging as a result of amendment of ..... marriage is null and void and under section 11 any child of such marriage shall be legitimate whether or not a decree of nullity is granted in respect of that ..... lordship considered the effect of amendment to section 16 effected by section 19 of the marriage laws (amendment) act, 1976, and observed at page 214 as follows :'this amendment was made to remove certain anomalies and handicaps that had come to light after the passing of the hindu marriage act, 1955. by the amendment the sweep of section 16 has been widened and even where the ..... s. 16 in the year 1976.11. as both the courts have recorded concurrent findings of fact regarding the factum of a marriage taking place between rasala ramaiah and third plaintiff and as both the .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR2008AP216; 2008(4)ALD408; 2008(4)ALT317; II(2008)DMC217
..... consideration the factors specified thereunder. sub-section (1) of section 25(2) makes it clear that such an order may be passed by the court exercising the jurisdiction under the hindu marriage act, 1955 at the time of passing any decree or at any time subsequent thereto. in other words, grant of maintenance under section 25(1) is incidental to the decree granting substantial ..... appeal is erroneous contended that a decree for maintenance in terms of compromise between the parties is not a bar to maintain an application under section 25(2) of the hindu marriage act, 1955 if there are changed circumstances. in support of his submission, the learned counsel cited a decision of a division bench of this court in chimalakonda ambayamma (died) v. chimalakonda ganapathi ..... realization within four months.7. subsequently, the wife filed a fresh petition i.e., o.p. no. 757 of 2005 before the family court, hyderabad under section 25 of the hindu marriage act, 1955 seeking maintenance at the rate of rs. 4,000/- per month or in the alternative for payment of rs. 5,00,000/- towards permanent alimony pleading that she was solely ..... /- towards permanent alimony. the said settlement dated 19-2-2003 was reduced into writing.5. pursuant to the said memorandum of settlement, though a petition under section 13b of the hindu marriage act, 1955 was filed on 16-4-2003, since the husband resiled no decree could be passed and therefore the wife was constrained to file o.p. no. 766 of 2003 under .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2000(3)ALD350; 2000(3)ALT130; II(2000)DMC351
..... the entitlement of maintenance by the divorced wife.37. a petition in cmp no.12488 of 1998 has been filed by the wife under section 25 of the hindu marriage act, 1955 seeking maintenance at the rate of rs.25,000/- per month to herself and rs.25,000/- per month to the daughter and rs.10,000/- towards ..... cma no.1257 of 1996 which is filed by wife against the order passed in op no.85 of 1988 filed by her under section 9 of the hindu marriage act, 1955 seeking restitution of conjugal rights, she has averred the very same grounds in the said op which were pleaded by her in the counter filed by her ..... party for obtaining the copy of the order, such an appeal has to be treated as appeal filed in time as provided under section 28(4) of the hindu marriage act, 1955.32. in the light of the scenario emerging on the question of preferring the appeal by an aggrieved party, from the above cited pronouncements, we shall now ..... 9 of the hindu marriage act, 1955 for restitution of conjugal rights. the learned subordinate judge, kavali allowed op no.2 of 1988 filed by the husband and granted a decree of divorce between ..... an order passed by the court of subordinate judge, kavali in op no.2 of 1988 filed by the husband under section 13(1)(ia) of the hindu marriage act, 1955 and cma no.1257 of 1996 arises out of an order passed by the same court in op no.85 of 1988 filed by the wife under section .....Tag this Judgment!
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 .....Tag this Judgment!