Court : Chennai
Decided on : Aug-10-1956
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 this act has been repealed and replaced by the hindu marriage act 1955, section 12(a).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
Decided on : Nov-13-1956
Reported in : AIR1957Mad423
..... facts set out in the verified petition and the counters.9. i have just now mentioned before that section 14 of the hindu marriage act, 1955, corresponds to the english matrimonial causes act, 1950, section 2(1) which provides that no petition for dissolution of marriage may be presented to the high court without leave unless three years have elapsed from the date of the ..... further proof.7. this application for divorce, it will be noticed has been filed within three years of the marriage between the petitioner, and the respondent and now under section 14 of the hindu marriage act, 1955, which corresponds to sections of the english matrimonial causes act, 1950, states that no petition for divorce can be presented unless at the date of the presentation of ..... the petition three years have passed since the date of the marriage. this limitation of time has been given so that there ..... ex. b-1 constituting ex facie an agreement for permanent and exclusive concubinage and ex. b-2 constituting prima facie a divorce by mutual consent not statutorily (e.g. special marriage act xliii of 54) or customarily permissible (sankara lingam v. subban, ilr 17 mad 479 (q), jina v. jethi : (1941)43bomlr651 ) could have been registered at all as being .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Jan-26-1956
Reported in : AIR1957P& H85
..... certain sum of money to the wife as a result of those proceedings.3. on 30-8-1955 the husband presented ft petition under sections 10 and 13 of the hindu marriage act, 1955, for the dissolution of his marriage with his wife. during the proceedings in that case the wife presented an application under section 24 ..... of the act of 1955 in which she requested the learned district judge to direct the husband to pay ..... application under section 24. any other construction would lead to strange and anomalous results. the husband has presented a petition for the dissolution of his marriage with his wife and the wife has made an application under section 24 that she should be allowed reasonable expenses for defending herself. it is ..... expenses of the proceeding.'the obvious meaning of this provision of law is that if the wife makes an application under 8. 24 of the act of 1955, the court is at liberty to direct the husband to pay the expenses of the proceeding: and if the husband makes an application under the ..... the husband is dissatisfied with the order and has come to this court in revision.4. section 24 of the act of 1955 is in the following terms :'where in any proceeding under this act it appears to the court that either the wife or the huband as the case may be, has no .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-28-1956
Reported in : AIR1958Bom425; (1957)59BOMLR116; ILR1957Bom353
..... court-fee ad valorem is payable. again there is no clause in the court-fees act which expressly applies to petitions under section 13 of the hindu marriage act. article 21 applies to 'plaints' under the bombay hindu divorce act, 1947, but a petition under section 13 of the hindu marriage act of 1955 is not a plaint. that article can, therefore, have 110 application. mr. desai ..... shah, j. 1. this revision application raises a question about the court-fee payable on a petition filed under section 13 of the hindu marriage act, xxv of 1955.2. the court-fees act as amended by bombay act xii of 1054 prescribes by section 7 read with schedule i, article 1 that on plaints, written-statements, pleadings, or set-off or counter-claims ..... contends on behalf of the state that the use of the expression 'petition' in the hindu marriage act, is not decisive of the ..... court-fee exigible, inasmuch as a petition for relief under the hindu marriage act is in substance a plaint and .....Tag this Judgment!
Court : Karnataka
Decided on : Sep-24-1956
Reported in : AIR1957Kant44; AIR1957Mys44; ILR1956KAR317
..... herself or to meet the expenses of the proceedings.from all these circumstances it would appear that unless there is something compelling in the language of section 24 of the hindu marriage act which confines such relief only to the petitioner it should not be restricted to one party or the other and i find no warrant for such a construction in the ..... such sum not exceeding.....''there is no reason to think that the legislature in making provision for maintenance pendente life and expenses of the proceedings under the hindu marriage act wished to depart from the principle that it should be open to the court to make such provision in favour of a needy spouse whether such spouse figured as the ..... order1. the petitioner before this court filed an application under section 13 of the hindu marriage act against the respondent praying for a decree for divorce. the respondent who is the wife filed an application under section 24 of the act claiming interim maintenance and expenses of the proceedings. this has been granted and the petitioner has been. directed to pay her rs. 15/- per ..... it be instituted by a husband or a wife.....the wife may present a petition for alimony pending the suit.'section 6 of the bombay hindu divorce act (xxii of 1947) reads:--'in any suit under this act.....the court, on the application of the wife, may order the husband to pay her the expenses of the suit and monthly during the suit .....Tag this Judgment!
Court : Karnataka
Decided on : Oct-25-1956
Reported in : AIR1957Kant43; AIR1957Mys43; 1957CriLJ467; ILR1956KAR369
..... summoned and examined.it is admitted that the ii party made no request to the learned magistrate to call any of such persons as witnesses. the magistrate acted entirely within his powers in confining his attention to the affidavits and the other documentary evidence produced in the case when he did not feel it necessary to summon any ..... learned magistrate should have allowed the examination of those persons as witnesses. under section 145 of the code of criminal procedure as it stands now the court is normally to act on the evidence produced in the form of affidavits and it is only when the court thinks it fit that any person whose affidavit has been put in need he .....Tag this Judgment!
Court : Chennai
Decided on : Jan-03-1956
Reported in : (1956)2MLJ289
..... ) every month until the petition is finally disposed of, such sum as the court, considering the circumstances of the parties, shall think reasonable for her maintenance. the hindu marriage act xxv of 1955 superseding this local act provides under section 24 for alimony pendente lite, with this difference viz., that not only the wife but also the husband is entitled to maintenance pendente lite and ..... the ground that the wife is the concubine of any other man or is leading the life of a prostitute. this act has been repealed and superseded by the central act xxv of 1955, viz., the hindu marriage act. under section 13 of act xxv of 1955 the ground set out above as it stands will not be available because for divorce under section 13 the only relevant ..... ) varying and modifying some of the provisions of the civil procedure code for the purpose of regulating the proceedings in suits and executions under this act.43. the special marriage act, 1954 in section 39, the hindu marriage act in section 28 and the madras act vi of 1949 in section 5, provide that all orders made by the court shall be enforced in the like manner as the ..... ground in the circumstances of this case would be living in adultery and anything else would only be a ground for judicial separation under section 10 of the said act .....Tag this Judgment!
Court : Chennai
Decided on : Jan-06-1956
Reported in : (1956)2MLJ73
..... the same section. the learned counsel for the respondent also invited my attention to the fact that the present act under which the original petition has been taken out has been repealed by a later act of the central legislature, namely, the hindu marriage act of 1955. but the learned counsel fairly conceded that there is a saving clause contained in section 29 of the central ..... act to the effect that all pending proceedings are not affected. therefore the repeal of the act under which the petition has been taken out does ..... of 1949.2. the original petition was filed by the husband before the learned subordinate judge under section 5 of the said hindu bigamy prevention and divorce act for a dissolution of the marriage of the petitioner with the respondent in the said petition. the respondent before the learned subordinate judge took the objection that the sub-court had no jurisdiction to hear ..... and dispose of the original petition. the respondent relied upon section 5(1) of the said act which is to the following effect:either party to a marriage solemnized before or after the commencement of this act who has completed eighteen years of age may present a petition to the subordinate judge's court, the district court or .....Tag this Judgment!
Court : Orissa
Decided on : Nov-07-1956
Reported in : AIR1957Ori199; 23(1957)CLT52
..... high court reported in kasubai v. bhag-wan, (s) air 1955 nag 210 (c). all those cases are cases of marriages prior to the act corning into force. a division bench of this court in kulamani huta v. parbati debi, (s) air 1955 orissa 77 (d), has taken the view following the observations of panigrahi ..... as it did not arise in the case. panigrahi, c. j. however, while agreeing with mohapatra j., stated that'the hindu women's right to separate residence and maintenance act, 1946. merely gave statutory recognition to the dicta of judges who had on several occasions applied this principle to the facts of ..... decree for restitution of conjugal rights, and at the same time the wife will be entitled to separate residence and maintenance. the object of the act was to give hindu married women a right to separate residence and maintenance under certain circumstances. thus, the circumstance as contemplated under clause (4) of section 2, ..... to say, of abandoning her without her consent or against her wish ;(4) if he marries again;(5) if he ceases to be a hindu by conversion to another religion ;(6) if he keeps a concubine sn the house or habitually resides with a concubine.(7) for any other justifiable ..... was not entitled to a decree for restitution of conjugal rights under the provisions of the hindu married women's right to separate residence and maintenance act. 1946 (act. xix of 1946), hereinafter referred to as 'the act.'2. the learned munsif who tried the suit, on a consideration of the evidence before him .....Tag this Judgment!
Court : Mumbai
Decided on : Nov-14-1956
Reported in : AIR1957Bom107; (1957)59BOMLR154; ILR1957Bom453
..... 23, a division bench consisting of collister and bajpai, jj., held that the word ''neglect'' occurring in section 2 (ii) of the dissolution of muslim marriages act, 8 of 1939, implies wilful failure. the words 'has failed to provide' are not very happy, but even they imply an omission of duty. where ..... under which the husband's liability to maintain the wife arises are not germane to the enquiry under section 2 (ii) of the dissolution of muslim marriages act, is not correct. even on a plain interpretation of the clause, it seems to me that in order that it could be said that the ..... hussain v. mt. akbari begum air 1944 lah 330, and mt. badrulnisa bibi v. mohammad yusuf : air1944all23 it was held that the dissolution of muslim marriages act, 1939, was not intended to abrogate the general law applicable to mahomedans and it is not correct to say that section 2 (ii) casts upon the ..... that considerations of circumstances governing the husband's liability to maintain the wife under the mahomcdan law were irrelevant to a case under the dissolution of muslim marriages act, 1939, and that words of the statute must be given their natural interpretation. he observed - 'as a matter of fact, no abrogation of the ..... injunctions of the koran. however his decision was rested on the ground contained in section 2 (ii) of the saurashtra dissolution of muslim marriages act, viz., that the defendant had neglected or failed to provide for the plaintiff's maintenance and on this ground he gave a decree for a .....Tag this Judgment!