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Judgment Search Results Home > Cases Phrase: hindu marriage act 1955 Year: 1964 Page 1 of about 914 results (0.145 seconds)

Mar 18 1964 (SC)

Mahendra Manilal Nanavati Vs. Sushila Mahendra Nanavati

Court : Supreme Court of India

Decided on : Mar-18-1964

Reported in : AIR1965SC364; (1964)66BOMLR681; 1965MhLJ365(SC); [1964]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 .....

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Feb 12 1964 (HC)

Kusum Lata Vs. Kampta Prasad

Court : Allahabad

Decided on : Feb-12-1964

Reported in : AIR1965All280

..... of jammu and kashmir high court in smt. kamla devi v. amar nath, air 1961 j and k. 33 on section 10(1)(b) of the hindu marriage act, 1955. it was held there 'false accusations of unchastity made by the hus-band may cause the wife great mental suffering which may be much severer than bodily pain ..... appeal, set aside the judgments and decrees of the courts below and decree the appellant's claim for judicial separation under section 10 of the hindu marriage act, 1955, with costs throughout. ..... appeal by a wife who had filed a petition under section 10 of the hindu marriage act thereinafter referred to as the act) for judicial separation against her husband the respondent kamta prasad. the husband too had filed a petition under section 9 of the act against the appellant for the restitution of his conjugal rights to him before ..... aware of the definition of the term 'cruelty' given in or applicable to other enactments dealing with matrimonial cases which were enacted before the act of 1955 in this country. the dissolution of muslim marriages act (viii of 1939) contains a definition of cruelty which includes cruelty by conduct 'even if such conduct does not amount to physical ill ..... 145 in a case under section 2(viii)(a) of the dissolution of muslim marriages act, 1939.18. i am of opinion that the reference to reasonable apprehension 'in the mind of the petitioner', made in section 10(1)(b) of the act of 1955, was not without significance. rightly or wrongly, the legislature in this country has .....

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Oct 22 1964 (HC)

Ganga Devi Vs. Krushna Prasad Sharma

Court : Orissa

Decided on : Oct-22-1964

Reported in : AIR1967Ori194

..... orderg.k. misra, j. 1. plaintiff opposite party (husband) filed a petition under section 13 of the hindu marriage act, 1955 (hereinafter referred to as the act), with a prayer to dissolve the marriage between himself and the defendant petitioner (wife) by a decree of divorce, on grounds of her unsound mind and bad character. after filing the written statement, the defendant filed ..... contentions, the entire order may be quoted-'these interrogatories are meant to be served on the plaintiff in an enquiry on the defendants petition filed under section 24 of the hindu marriage act for maintenance. order 11, rule 1, c. p. c. applies only to suits and not to any interlocutory proceedings. so this application seems to be not maintainable. also the ..... assuming that section 141, c. p. c. is also to be taken into consideration, it must be read subject to the special procedure prescribed under section 21 of the act the maxim generalia specialibus non derogant (general provisions will not abrogate special provisions) or generalibus specialia derogant (special things derogate from general) applies to matters of procedural law. section 21 ..... an application under section 24 of the act asking for maintenance pendente lite at the rate of rs. 1000 per month, .....

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Dec 16 1964 (HC)

Chanda Chhitar Lodha Vs. Mst. Nandu W/O Chanda Lodha

Court : Madhya Pradesh

Decided on : Dec-16-1964

Reported in : AIR1965MP268; 1965MPLJ583

..... in appeal from the judgment and decree of the learned additional district judge, rajgarh, granting a divorce to the plaintiff-respondent (wife) in her suit under section 13 of the hindu marriage act, 1955. the main reason for the divorce, which the appellant has admitted as a fact is that he has been living with another woman whom he has married as his wife ..... , as the facts show, after the commencement of the hindu marriage act, 1955. the plaintiff-respondent herself had been married to him several years before that date. 2. in the judgment, which is somewhat brief possibly on account of the facts being admitted ..... part of the husband-appellant. he is living continuously with a woman whom he calls his wife and with whom he has gone through a ceremony of marriage but after the commencement of the hindu marriage act, 1955; certainly, a divorce on this ground does not come under the ambit of section 13(2)(i): but it does come under one of the general provisions ..... -section at the same time, the legislature has taken account of the state of the hindu society before 1955. where, except possibly in certain parts of the country, it was not legally forbidden for a hindu man to take a second wife while the first was living. when the act came into force, the legislature left it to the choice of the wife of .....

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Dec 22 1964 (HC)

Mohanmurari Vs. Smt. Kusumkumari

Court : Madhya Pradesh

Decided on : Dec-22-1964

Reported in : AIR1965MP194; 1965MPLJ321

..... under section 11 of the act, 'any marriage solemnized after the commencement of this act shall be null and void and may, on a petition presented by either party thereto, be so declared by a decree ..... to be rectified before any relief can be given to the appellant it appears that we have borrowed the provisions of section 13 of the matrimonial causes act, 1950 in drafting section 15 of the hindu marriage act, 1955, but lost sight of the other provisions of the english law which have a bearing on this question. in the first place, in the english ..... or the trial court annulling his marriage with the respondent smt. kusumkumari, as also the order refusing his prayer for restitution of conjugal rights, consequently, if, for some reason, these prayers cannot be granted, by reason of the respondent's remarriage with banarsidas, the appeals shall have to be dismissed as infructuous.7. the hindu marriage act, 1955 classifies marriages as void, voidable, and valid. ..... law, the right to re-marriage after a decree absolute of nullity depends not on any statute but upon the terms of the decree itself and on the .....

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Oct 22 1964 (HC)

Nanigopal Chakravarty Vs. Renubala Chakravarty

Court : Orissa

Decided on : Oct-22-1964

Reported in : AIR1965Ori154

..... the appellant filed an application with a prayer that the decree dated 8-4-1960 be rescinded or modified under section 25 of the hindu marriage act, 1955 (hereinafter referred to as the act). the respondent filed an objection. the learned district judge found that the story of remarriage was true, but dismissed the application on ..... this appeal has been filed. the view of the learned district judge is assailed as being contrary to law. 2. section 15 of the act prescribes--'when a marriage has been dissolved by a decree of divorce and either there is no right of appeal against the decree or, if there is such ..... remarriage of the respondent with her second husband in january 1961 was within one year from the date of the decree and as such the second marriage is not lawful. thus though in fact there was a remarriage, it cannot have any recognition in law being hit by the proviso to section ..... , would not dispose of the application as it is maintainable under section 25(3) of the act, if the wife has not remained chaste. in view of the admitted position that she had a second marriage, she cannot be said to have remained chaste. the maintainability of the application for rescission of ..... the decree under section 25(3) must therefore be closely examined. 3. section 25 of the act enacts--25. (1) any court exercising jurisdiction under this act may, at the time .....

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Jan 07 1964 (HC)

Avinash Prasad Srivastava Vs. Smt. Chandra Mohini and anr.

Court : Allahabad

Decided on : Jan-07-1964

Reported in : AIR1964All486

..... an appeal, by the petitioner-husband against the judgment and decree of the civil judge of bareilly dismissing his petition under sections 10 and 13 of the hindu marriage act, 1955. the appellant had sought dissolution of the marriage, and in the alternative, judicial separation on three grounds, namely, adultery, cruelty and desertion by his wife.2. the facts of the case are that the ..... nothing to indicate that the respondent has been living in adultery within the meaning of section 13(1) of the hindu marriage act. the only occasion or occasions on which the respondent is said to have committed acts of adultery relate to the period 1955. the learned civil judge, who had the advantage of seeing, hearing and watching the demeanour of the witnesses also came ..... february, 1959.7. on the question of adultery, i may here point out a clear distinction between sub-clause (f) of section 10(1) of the hindu marriage act and clause (1) of section 13 of that act. in order to satisfy the requirements of section 10(1)(f), it is enough to prove that the respondents had sexual intercourse with any person other ..... appellant and of exceptional depravity on the part of the respondent within the meaning of section 13 (1) (i) (viii) (b) of the hindu marriage (uttar pradesh sanshodhan) adhiniyam xiii of 1962, and calls for immediate dissolution of the marriage bond. i, therefore, consider it just and expedient in the instant case to allow the appeal of the appellant and grant dissolution of .....

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Jul 28 1964 (HC)

Gurdip Kaur Vs. Ghamand Singh Dewa Singh

Court : Punjab and Haryana

Decided on : Jul-28-1964

Reported in : AIR1965P& H238

..... of maintenance in the latter class of widowed daughter-in-law were made legal in consonance with the policy followed in the enactment of the hindu marriage act, 1955, the hindu succession act, 1956, the hindu minority and guardianship act, 1956it follows that the expression 'any co-parcenary property' means ancestral property accretions thereto and the property thrown into common stock. it cannot ..... been framed with a view to confer much larger rights on women than they had hitherto been enjoying. certain other acts e.g. the hindu marriage act, 1955 the hindu succession act, 1956, the hindu minority and guardianship act 1956 were also framed with this very object in view. under these circumstances a liberal interpretation in favour of the women should be given while ..... construing the provisions of these argument was raised that in cases governed by dayabhaga school of hindu law a 'co-parcenary ..... accretions thereto and the property thrown into common other cases it remains only a moral obligation on his part before the coming into force of the hindu succession act, 1956, a father-in-law in possession of mitakshara co-parcenary property was legally bound to maintain his widowed daughter-in-law. this legal obligation was .....

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Nov 12 1964 (HC)

Vuyyuru Pothuraju Vs. Vuyyuru Radha

Court : Andhra Pradesh

Decided on : Nov-12-1964

Reported in : AIR1965AP407

..... as there are allegations that the husband was beating the wife which may amount to cruelty within the contemplation of clause (b) of s. 10 of the hindu marriage act. the trial judge had not applied his mind seriously to these matters. he did not discuss the evidence of the petitioner and p. w. 2 on ..... an english matrimonial court.' (9) the concept embodied in this passage is in consonance with the rule contained in clause (b) of section 10 of the hindu marriage act. (10) be that as it may, it is now well established that it is the right of the husband to require his wife to live with him ..... requested his wife to come over to him, but she refused to do so. hence the appellant was constrained to initiate proceedings under section 9 of the hindu marriage act. to this petition, the foster-father of the 1st respondent was added as the 7th respondent. (3) this petition was resisted by the wife on the ..... and that courts cannot deprive him of his right, except under special circumstances which absolve the wife from that duty. it may be premised that though marriage under the hindu law is a contract, it is also a sacrament, it is more religious than secular in character.(11) the case of ilr 28 cal 751 ..... him wherever he chooses to reside? the answer to this depends upon the nature of the rights which flow from his marriage with the respondent. these rights have to be determined with reference to hindu law. in our opinion, it is the bounden duty of the wife to live with her husband wherever he may, .....

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Nov 10 1964 (HC)

Jagdish Lal Vs. Smt. Shyama Madan and ors.

Court : Allahabad

Decided on : Nov-10-1964

Reported in : AIR1966All150

..... of the learned counsel for the petitioner and may now proceed to consider the second contention raised by him. that contention involves an interpretation of section 9 of the hindu marriage act (hereinafter called the act). the section runs as follows:-- (1) when either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may ..... the petitioner. she also mentioned in her reply that as the petitioner was impotent at the time of the marriage and had continued to be so she had already moved for the annulment of the marriage under section 12(1)(a) of the hindu marriage act. the other pleas taken by the respondent are not relevant for the purpose of the appeal. 4. the evidence ..... arises out of a petition for restitution of conjugal rights under section 9 of the hindu marriage act. 2. jagdish lal petitioner was married to smt. shyam madan respondent no. 1 (hereinafter referred to us the respondent) at varanasi on 13th february 1961 according to hindu rites. after the marriage, the couple lived together at meerut it at the house of the petitioner for about ..... house of the petitioner. the statement of the respondent is that during this period the petitioner tried to have sexual intercourse with her but he could not accomplish the act and consummate the marriage on account of his incapacity. the petitioner, on the other hand, stated that during the stay of the respondent at his place he had sexual intercourse with her .....

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