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Judgment Search Results Home > Cases Phrase: hindu marriage act 1955 Year: 1958 Page 1 of about 1,003 results (0.089 seconds)

Apr 30 1958 (HC)

Smt. Balwant Kunwar and ors. Vs. Addl. Munsiff, Dehra Dun and anr.

Court : Allahabad

Decided on : Apr-30-1958

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 .....

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Oct 17 1958 (HC)

Mst. Gurdev Kaur Vs. Sarwan Singh

Court : Punjab and Haryana

Decided on : Oct-17-1958

Reported in : AIR1959P& H162

..... wife's appeal against a decree for restitution of conjugal rights which has been granted in favour of the husband under the provisions of the hindu marriage act, 1955. the marriage took place between the parties about 14 or 15 years ago. two and a half years prior to the filing of the petition for restitution ..... become necessary to refer to the indian as well as the english law prior to 1955 with regard to the principles governing the action for restitution of conjugal rights for the reason that in this country, the hindu marriage act 1955 gave a statutory recognition to that remedy and made provisions for enforcing the same ..... mentioned 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 ..... under the other enactment would become relevant and helpful for deciding the meaning of the expression 'reasonable excuse' in section 9(1) of the hindu marriage act.12. where the husband is guilty of conduct which falls short of legal cruelty in the sense that it is not cruelty of the kind ..... when she made the statement she was pregnant. she was allowed by the magistrate to accompany her mother. an application under section 9 of the hindu marriage act was filed by the respondent soon after in september 1958. the only issue that was framed by the trial court was as follows :'whether .....

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Feb 28 1958 (HC)

Kamala Vs. Shama Rupchand and ors.

Court : Mumbai

Decided on : Feb-28-1958

Reported in : AIR1958Bom466; (1958)60BOMLR633; ILR1958Bom949

..... 1. the appellant is the wife of respondent no. 1. they were married on 18-5-1955. in april 1956 respondent. no. 1 filed a petition under section 12 of the hindu marriage act, 1955 (no. 25 of 1955), praying that his marriage with the appellant should be declared null and void. during the pendency of this petition, the appellant made an application under section 24 of the ..... act, in which she asked for an order directing respondent no. 1 to pay her maintenance at ..... the suit such sum not exceeding the husband's one-fifth net income as the court, considering the circumstances of the parties, thought reasonable. this act of the bombay legislature has been repealed by the new hindu marriage act, if the interpretation urged 011 ikd if ot 'tie respondents is accepted, the result will be that in proceedings initiated by the husband, the wife ..... , a husband is bound to maintain his wife, whether he possessed property or not: sec paragraph 554 in sir dinshah mulla's hindu law, 1952 edition. section 6 of the bombay hindu divorce act, 1947, provided that in any suit under that act, if the wife had not an independent income sufficient for her support and the necessary expenses of the suit, the court .....

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Oct 03 1958 (HC)

Sushila Mahendra Nanavati Vs. Mahendra Manital Nanavati

Court : Mumbai

Decided on : Oct-03-1958

Reported in : (1959)61BOMLR431

..... .the reason of the rule is equally applicable here where the consequences to the woman are very serious. the words in the present act (hindu marriage act 1955) and the english act are practically similar. of course these cases of adultery. i think however that the same strict standard of proof must be reuired in cases like the present.(5) relying on ..... .(12) these principles in my opinion, would apply with all the greter force to casses under the hindu marriage act 1955. section 12 of this act refers to vcidable marriages and provides, in so far as it is material :'(1) 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 the ..... it was to be remembered that the frame of issue no. 1 was in accordance with provisions of s. 12 of the hindu marriage act, 1955, namely 'whether the respondent was at the time of the marriagepregnant by someone other than the petitiner as alleged in para 9 of the petition.' the wording of the issue ..... petitioner was not domiciled in baroda and therefore the court had no jurisdiction to entertain the suit and the baroda hindu code was not applicable to the parties. nothing was done, and perhaps nothing could be done by the petitiner till the hindu marriage act, 1955, came into force. but even then the petitioner waited till 18th april 1956, that is to say 11 months .....

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Mar 19 1958 (HC)

Mukan Kunwar Vs. Ajeetchand

Court : Rajasthan

Decided on : Mar-19-1958

Reported in : AIR1958Raj322

..... has a right to be maintained by her husband and the fact that her father is supporting her is no ground for depriving her of maintenance. section 24 of the hindu marriage act 1955 also makes this clear. it is provided in it that where the wife has no independent income sufficient for her support and the necessary expenses of the proceeding she may ..... judge, jodhpur, refusing to grant maintenance pendente lite and expenses of proceedings to the applicant under section 24 of the hindu marriage act, 1955. it was treated as a revision on the application of the applicant since an order passed under section 24 of the hindu marriage act, 1955, is not an appealable order. the application has been contested on behalf of the respondent.2. the facts giving ..... mukan kunwar applicant is the legally wedded wife of ajeetchand, who filed a petition against her under section 12 of the hindu marriage act, 1955, for the annulment of their marriage on the ground that the wife was impotent at the time of marriage and continued to be so until the institution of the proceeding. the applicant filed an application under section 24 for maintenance ..... can he no interference with the exercise of his discretion under section 115, c. p. c.3. section 24 of the hindu marriage act, 1955, runs as follows :'maintenance pendente lite and expenses of proceedings.where in any proceeding under this act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient .....

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Jun 09 1958 (HC)

Smt. Sobhana Sen Vs. Amar Kanta Sen

Court : Kolkata

Decided on : Jun-09-1958

Reported in : AIR1959Cal455

..... on an application by tile wife for maintenance pendente lite and expenses of proceedings, under section 24 of the hindu marriage act, 1955. the husband started the proceedings under the hindu marriage act and prayed for a decree of divorce. in the application under section 24 of the act, the wife, who is the appellant before us made a prayer for a sum of rs. 3000 'or ..... against the order made by the learned judge. this is an important question which requires careful consideration.4. if the act itself had contained no provision for appeal, appeal would lie against orders or decrees made in the proceedings under the hindu marriage act, 1955, if under the code of civil procedure an appeal would have lain. this would be the result of the principle ..... laid down in the case of adaikappa chettiar v. chandrasekhara thevar . the act, however, has made definite provisions as regards appeals and it is not necessary for ..... for nullity, a decree for judicial separation and a decree for divorce and also the different orders for which special provision had been made in the previous sections of the act, viz., orders under section 24 in the matter of maintenance pendente lite and expenses of proceedings, orders under section 25 for permanent alimony and maintenance and orders as regards .....

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Feb 05 1958 (HC)

Rukhmanibai Vs. Kishanlal Ramlal

Court : Madhya Pradesh

Decided on : Feb-05-1958

Reported in : AIR1959MP187

..... appellant rukmanibai for divorce under section 15 of the hindu marriage act, 1955 (hereinafter referred to as 'the act') in the court of district judge indore. during the pendency of the proceedings, the appellant rukmanibai filed an application under section 24 of the act for maintenance pendente lite and necessary expenses of the ..... grounds that such a party should be able to maintain itself while the proceedings are pending and there is no freedom to contract another marriage. it is also necessary that a party who wants to defend the petition made on insufficient grounds should be able to do so without ..... the time being in force:provided that there shall be no appeal from a decree of a district judge for dissolution of marriage or of nullity of marriage; nor from the order of the high court confirming or refusing to confirm such decree :provided also that there shall be ..... pande for the respondent has raised a preliminary objection to the maintainability of the present appeal. he contends that under section 28 of the act, an appeal against an order rejecting an application under section 24 is not tenable inasmuch as an appeal lies according to his interpretation of ..... no appeal on the subject of costs only.'it seems that the words 'may be appealed from' which appear twice in this section have been inadvertently omitted from the draft of section 28 of the act .....

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Aug 11 1958 (HC)

Vishnu Kirpalani Vs. Vishnu Hirachand Kirpalani

Court : Mumbai

Decided on : Aug-11-1958

Reported in : (1959)61BOMLR100

..... the power, the question is whether that power can be exercised in this particular case, and for that purpose we must first turn to the act which we rae interpreting and administering and that is the hindu marriage act, 1955. section 13 deals with the grounds of divorce and two material provisions may be looked at one is clause (vii) and the other is clause ..... decree for restitution of conjugal rights that there was a failure to comply with that decree for a period of two years after it was passed? the legislaturewas anxious that marriages should not be easily or lightly dissolved and that even after decrees for restitutin of conjugal rights and judicial separation were passed locus paenitentiae should be given to the married .....

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Jan 30 1958 (HC)

Haisnam Baruniton Singh Vs. Thokchom Ningol Haisnam Ongbi Bhani Devi a ...

Court : Guwahati

Decided on : Jan-30-1958

..... the legislature's wisdom thinks proper to do in the interest of the state.22. applying the above tests, it cannot be said by any stretch of imagination that the hindu marriage act, 1955, which imposes monogamy on the hindus, offends the provisions of article 15 or of arts, 14 order 25 of the constitution of india.23. in the result this application must ..... naturally be the repeal of the old law or personal law, which existed before on the subject. in the present case. section 4 of the hindu marriage act, 1955, made this further clear. section 42 of the manipur (courts) act, 1955, also preserves the custom or personal law only to the extent they have not been altered or abolished by a legislative enactment.15. article 25 ..... also gives the state ample power to make laws governing such matters even if they were to bo treated as part of the hindu religion. there is thus no force in the contention of the applicant that the hindu marriage act, 1955, should be struck down on this ground namely that immorality will be the necessary result of it. i need not therefore discuss the ..... into force, he marries second wife, during the life time of his first wife, unless it can be shown, as is the case of die applieant that the act in question is void.6. the learned counsel urged that the hindu marriage act, 1955 was ultra vires the constitution of india and in support of his contention he advanced two points namely:(i) that the .....

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Oct 29 1958 (HC)

Gangadhar Rakhamaji Vs. Manjulal Gangadhar

Court : Mumbai

Decided on : Oct-29-1958

Reported in : (1959)61BOMLR442

..... v.s. desai, j.(1) this petition for a decree for divorce or judicial separation under the provisions of the hindu marriage act of 1955 was filed by the petitioner gangadhar rakhamaji jadhav in the court of the civil judge, senior division, at ahmednagar. the petitioner alleged that he married the opponent in the year ..... the term 'district court' as defined by the earlier part of the definition. mr. bhasme, therefore, argues that when a court of civil judge, senior division, having jurisdiction under the hindu marriage act, decides a petition for judicial separation or divorce, its decree must be regarded as that of a district court, i.e., of a principal civil court of original jurisdiction in ..... given in section 3(b) of the hindu marriage act the district court means the principal civil court of ..... as having jurisdiction in respect of matters dealt with in the act'. by a notification no. hma-1055/52067 published in the official gazette on 1-9-1955, the courts of civil judges, senior division, in the state have been notified as having jurisdiction in respect of matters dealt with in the hindu marriage act within their respective jurisdictions. mr. bhasme argues that under the definition .....

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