Court : Mumbai
Decided on : Jul-24-1985
Reported in : 1985(2)BomCR619; (1985)87BOMLR670; 1985MhLJ743
..... p.b. samant, j.1. these two matters arise under the hindu marriage act, 1955 (hereinafter referred to as the act) and raise three questions of law, two of which are common to both. hence they are heard together and are being disposed of by this common judgment.2. to appreciate ..... dev chadha v. smt. rani bala, where the learned judges have held that the aforesaid provision contained in the limitation act is restricted to suits and proceedings under the hindu marriage act and it does not apply to the appeals filed under the act. with utmost respect to the learned judges, we are of the view that the prohibition does not apply even to suits ..... of the marriage. the act deals with a fundamental and sacred institution of the ..... more than the requirements for passing a valid decree under the act which requirements are spelt out by the scheme of the act itself. the hindu marriage act like any other marriage law provides both for marriage and lays down certain conditions for the same. unless the said conditions are satisfied, there can be no valid marriage nor can there be a valid decree of separation or dissolution .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jul-15-1985
Reported in : AIR1986AP167
..... husband's appeal preferred to this court against an order made by the chief judge, city civil court, hyderabad dismissing his application filed under s. 13 of the hindu marriage act, 1955 for dissolving his marriage with his respondent-wife. the petitioning husband is the respondent's maternal uncle. this appears to be a case of familiarity breeding contempt rendering attraction of novelty absent. the ..... the legislature is to provide a minimum period of six months for re-thinking of the parties. if the above time-table fixed by s. 13-b(2) of the hindu marriage act is applied to the present application made by the parties in this case on 12th july 1985. we have to adjourn this case till january, 1986 for passing a decree ..... . that situation raises somewhat an important legal question as to the meaning which we should attribute to s. 13-b(2) of the hindu marriage act. that question is whether the legislature intended that s. 13-b(2) of the hindu marriage act should be treated as a mandatory provision of law or the legislature intended that section to be treated merely as a directory provision ..... over a period of two years. in these circumstances, we are clearly of the opinion that the present application made by the parties for dissolution of the marriage under s. 13-b of the hindu marriage act is not the result of any collusion between the parties not was it the result of any passing phase of mental agony or temporary feeling of unhappiness .....Tag this Judgment!
Court : Karnataka
Decided on : Jun-05-1985
Reported in : ILR1985KAR3381; 1985(2)KarLJ453
..... cause, is by the husband, who along with the respondent-wife had filed a joint-petition for divorce by mutual consent under section 13(b) of the hindu marriage act, 1955 ('act' for short) and is directed against the order dated 6-2-1985 made inm.c. no. 15 of 1984, on the file of the civil judge ..... neither alleged nor proved. the evidence of the close relatives of the parties is essential to comply the requirement of section 13(b)(2) of the hindu marriage act 1976. the parties have not chosen to do so. no reason is forthcoming for this omission. merely because the petition is not withdrawn by the parties ..... the lawcommission and suggested, inter alia, the incorporation of a suitable provision for mutual consent in the hindu marriage act more or less on the lines of a provision in that behalf in section 28 of the special marriage act. it is, however, felt that when once the parties have chosen to move the court for divorce ..... petition is filed with mutual consent, it is not sufficient to grant decree of divorce. even though section 13-b of the hindu marriage act is introduced to facilitate the married couple to get the divorce by consent, it calls upon the parties to satisfy the court that the ..... is arrayed as respondent; but there is no contest in this appeal.2. in their petition the parties averred that their marriage was solemnised on 11-3-1979 in accordance with the hindu shastraic rights at sri janardhana devaru temple at pangala; that they lived as man and wife at the appellant's house .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-23-1985
Reported in : AIR1986Cal284
..... the period of one year after the passing of the decree for restitution of conjugal rights made under section 9 of the hindu marriage act 1955 (act 25 of 1955) the application for dissolution of marriage which has been filed has to be decreed if it is proved that there has been no restitution of conjugal rights ..... there cannot be any question that the time which commenced to run on the basis of the provisions of section 13(1a)(ii) of the hindu marriage act, 1955 remains stayed automatically on the filing of an appeal. it has been tried to urge that the appeal is a continuation of the suit and as ..... suit. it has been next submitted by mr. dasgupta that on a proper consideration of the provisions of section 13(1a)(ii) of the hindu marriage act. 1955 the time of one year will be counted or computed from the date next to the date of the passing of the decree. in other words ..... judgment and decree of divorce is liable to be reversed. it has been next submitted by mr. mallick that the decree under section 9 of the hindu marriage act 1955 was rendered on 13th of may, 1980 and an appeal being f. a. no. 351 of 1980 filed before this hon'ble court was dismissed ..... s house in spite of the best attempts of the petitioner to bring her back. thereafter the petitioner made an application under section 9 of the hindu marriage act 1955 on 24th november, 1981, in the court of the additional district judge, alipore for restitution of conjugal rights. the said application was registered as matrimonial .....Tag this Judgment!
Court : Orissa
Decided on : Jul-25-1985
Reported in : 60(1985)CLT301; 1985(II)OLR261
..... in the case of bajirao raghoba tambare v. miss tolanbai and another, 1980 crl. l. j. 473, also held that the second wife whose marriage is void in view of sections 5 and 11 of the hindu marriage act, 1955, was not entitled to claim maintenance under section 125 of the code. in this view of the matter, the application filed by the opposite party ..... be proved that she is the legally married wife. under section 11 of the hindu marriage act, 1955, any marriage solemnised after the commencement of this act shall be null and void if it contravenes the conditions specified in section 5(1) of the act. under section 5(1) of the act, a marriage may be solemnized between any two hindus if neither party has a spouse at the ..... marriage must be either single or divorced or a widow or a widower. this being the legal position, the ..... time of the marriage. therefore, it is essential that before a valid marriage can be solemnized after the commencement of the hindu marriage act. it must be shown that the parties to the .....Tag this Judgment!
Court : Delhi
Decided on : May-21-1985
Reported in : AIR1986Delhi33; 1985(9)DRJ323
..... agra on may i, 1980 according to hindu rites and ceremonies. it is alleged in the petition that after the marriage, the husband brought the petition herein (wife) in doli by bus ..... marriage by a decree of divorce under section 13(1) (ia), (ib) and (iii) of the hindu marriage act 1955 as amended by the marriage laws (amendment) act, 1976 (hereinafter referred to as the act). the marriage between the parties was solemnized at ..... .(1) the short question of law raised in this petition under article 227 of the constitution of india is the scope of the words 'the parties to the marriage last resided together' as used in section 19(iii) of the hindu marriage act, 1955, giving territorial jurisdiction to the court. (2) the respondent (husband) brought a petition before the district judge, delhi for dissolution of .....Tag this Judgment!
Court : Kerala
Decided on : Jun-14-1985
Reported in : AIR1985Ker220
..... are within the ambit of section 29(3) of the limitation act, 1963. are appeals arising therefrom within the scope of that section? it is contended on ..... suits under any law relating to marriage and divorce, be it that such proceeding is registered as a suit or not, and that is the basis of the law commission's recommendation. thus there can be no doubt that the original proceedings under the hindu marriage act, 1955 in the court of first instance ..... , a copy of the judgment shall, immediately after the pronouncement of the judgment, be given to him free of cost'.section 15 of the hindu marriage act only enables the applicant to obtain a copy free of cost; but does not statutorily prescribe the time during which the copy has to be ..... conclusion of balagangadharan nair, j. in 1981 ker lt 602 : (air 1981 noc 221).17. the contention therefore that the appeal under the hindu marriage act against a decree for divorce should be filed within 30 days of the date of the decree, whether a certified copy has been obtained or not ..... stating that 'every such appeal shall lie to the court to which appeals ordinarily lie from the decisions of that court'. the appeal under the hindu marriage act is thus a remedy available under the special enactment with all the characteristics of an appeal under the civil procedure code, and the high court, in .....Tag this Judgment!
Court : Orissa
Decided on : Apr-02-1985
Reported in : AIR1985Ori239
..... the minor to remain with the respondent during the pendency of the proceeding for divorce, an appeal is not maintainable under section 28 of the - hindu marriage act. 1955.shri m. patra, learned counsel for the appellant contesting this position submits that the impugned order is not an interim order but a final order ..... status quo should be disturbed and custody should be restored to his father manila i dasgupta, the appellant.the appeal under section 28 of the hindu marriage act, 1955 (for short 'the act') is directed against the order dt. 25-11-1983 by the subordinate judge, first court, cuttack in o. s. no. 32/82 ..... and hence the appeal is maintainable. sub-sections (2) and (3) of section 28 of the hindu marriage act, 1955 which are relevant for the present purpose provide as follows : --'28. xxxxx(2) orders made by the court in any proceeding under this ..... the lower court was initiated on a petition filed by the respondent under sections 13 and 26 of the hindu marriage act seeking a decree of divorce under section 13(1)(ia) of the act severing the marriage tie between the parties and for a further direction that custody of the minor, sanjeeb kumar dasgupta, be ..... the respondent has joined the film industry and has been working as an actress in different oriya films.the appellant and respondent were married according to hindu rites on 7th of sept. 1966. thereafter the respondent left the home of her parents and lived with her husband, the appellant. her first son .....Tag this Judgment!
Court : Delhi
Decided on : Apr-19-1985
Reported in : AIR1985Delhi491; 28(1985)DLT86; 1985(9)DRJ342
..... of december, 1970. on february 27. 1971 the husband filed a petition for restitution of conjugal rights under section 9 of the hindu marriage act, 1955. after amendment of the hindu marriage act. making desertion as a ground for divorce under section 13(1)(ib) the husband filed a petition for divorce. thereafter he got ..... hardly lived together for five months after the marriage. nothing much can be inferred either way from these averments. (10) in these proceedings the appellant-husband moved an application, being c.m. ..... of the wife were not sufficiently fulfillled, and that could be a matter of dissatisfaction and quarrel. the wife had asserted that after the marriage, she was giving the salary to the mother-in-law while the husband asserted that she was keeping the salary with herself. the couple ..... evidence is to be understood on the present day realities of life. although law prohibits dowry it is being freely extracted in most of the marriages. the evil persists not only in the poor families high prices and the consequent unbearable economic burdens stand in the way of the abolition of ..... refused to go. the petition as such does not disclose any serious reasons or circumstances which should normally result into the break' down of the marriage. there are no serious allegations by the husband against the wile. some allegations are against the parents ; such as utilising her salary or not .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Mar-18-1985
Reported in : AIR1986MP218
..... below 15 years of age, when married, but before she became 18 years of age, she repudiated her marriage and hence, a decree for divorce be granted under section 13(2)(iv) of the hindu marriage act, 1955 (hereinafter referred as act). respondent husband, no doubt, denied and contested the prayer. trial court answered the relevant issues in favour of the respondent ..... 1. this appeal under section 28 of the hindu marriage act (1955) has been preferred by the wife/appellant, aggrieved by the judgment and decree dated 15-9-1980, passed by the district judge, gwalior.2. parties are hindu, married at lashkar on 23-9-1961. wife/applicant filed an application for divorce from the respondent husband, on the ground that she was ..... marriage after attaining the age of eighteen years. explanation :-- this clause applies whether the marriage was solemnised before or after the commencement of the marriage laws (amendment) act, 1976'. this provision was incorporated by the amendment act of 1976 in the main act with , the intention of providing an additional ground of ..... rebut the same. unfortunately, the evidence and pleading of the respondent fail to rebut the probabilised case of the appellant.12. section 13(2)(iv) of the act is reproduced below :' section 13, divorce (1).................... (2)(iv) that her marriage (whether consummated or not) was solemnised before she attained the age of fifteen years and she has repudiated the .....Tag this Judgment!