Court : Chennai
Decided on : Nov-05-1988
Reported in : AIR1990Mad1
..... legislature in s. 25 of the hindu marriage act, 1955. we are now concerned with the words 'at the passing of any decree or at any time consequent thereto with regard to the grant of permanent alimony in favour of ..... , or judicial separation.3. it is clear from the above two provisions that what is contemplated under s. 37 of the divorce act, 1869 is materially different from the language used by the legislature under s. 25 of the hindu marriage act, 1955, and that the decision rendered in darshan singh v. mst. daso , cannot afford any guidance in construing the language used by the ..... the decision reported in smt. sushma v. satish chandra, : air1984delhi1 a division bench of the said court, while considering the earlier decisions held as follows -'hindu marriage act (25 of 1955) s. 25 --permanent alimony and maintenance --when can be granted -- words 'passing anydecree' in s. 25. -- mean passing of decree ofdivorce, restitution of conjugal rights or judicial separation -- alimony and ..... , make an order on the husband for payment to the wife, the monthly or weekly maintenance. but, this is not the case in so far as s. 25 of the hindu marriage act is concerned. hence, that section is not at all helpful in deciding the issue involved in this appeal. the very s. 37 itself contemplates passing of a decree, for, dissolution .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-27-1988
Reported in : 1988(36)BLJR361; (1988)90BOMLR100; 1988(1)KLT413(SC); 1988MhLJ330(SC); (1988)1SCC537; 2SCR787; 1988(1)LC405(SC)
..... judgment in criminal appeal no. 475 of 1983 (smt. yamunabai v. anantrao shivram adhav and anr.) delivered today held that the marriage of a hindu woman with a hindu male with a living spouse performed after the coming in force of the hindu marriage act, 1955, is null and void and the woman is not entitled to maintenance under section 125 of the code. coming to the ..... that as he had two living spouses in 1972, he could not have lawfully married a third time in view of the provisions of the hindu marriage act, 1955. the judicial magistrate rejected the plea by saying that the second marriage of the respondent with kusum bai was on his own showing null and void as his first wife was then alive. dealing with the ..... must be held to be of a legitimate son on account of section 16(1) of the hindu marriage act, 1955, which reads as follows:16(1). notwithstanding that a marriage is null and void under section 11, any child of such marriage who would have been legitimate if the marriage had been valid, shall be legitimate, whether such child is born before or after the commencement ..... facts of the present case, it appears that the respondent has satisfactorily proved his case about his earlier marriage with kusumbai by production of good evidence including a certificate .....Tag this Judgment!
Court : Delhi
Decided on : Oct-05-1988
Reported in : AIR1989Delhi122; 1989(16)DRJ105
..... petition for a decree of divorce by dissolution of his marriage with the respondent filed under the provisions of section 13(l)(ia)(ib) of the hindu marriage act, 1955, as amended by the marriage laws (amendment act of 1976). (2) it is a case of short lived marriage between the spouses, as revealed from the facts culled ..... and under the irrational influence of his parents, and thus in view of the interdict, as enjoined by section 23(l)(a) of the hindu marriage act, he cannot be allowed to take advantage of his own wrong, and now seek a decree for divorce without establishing the legal ground of desertion ..... court, a reasonable maintenance.' this could be nothing but a divorce through court by mutual consent as now provided by section 13-b of the hindu marriage act, with some alimony. there is also a suggestion in one of his earlier letters, that in case she was not prepared to return unconditionally, ..... hlr 391, wherein it was held that uncorroborated testimony of the wife, who was the petitioner in a petition under section 10 of the hindu marriage act, in face of failure to examine material witnesses could not be taken as sufficient, and her sole evidence was too meager to afford the ..... not only in the written statement filed by the respondent at the earliest opportunity, but also in the application moved under section 24 of the hindu marriage act for seeking maintenance pendente lite for herself and her child, the petitioner did not take any steps to make amends for the lapse, and when .....Tag this Judgment!
Court : Chennai
Decided on : Sep-26-1988
Reported in : I(1990)DMC567
..... commit suicide, the ground of cruelty has not been made out within the meaning of section 13(1)(i-a) of the hindu marriage act 1955 6. learned counsel for the appellant, mr. g.m. nathan, submitted that within six months the marriage the respondent attempted to commit suicide by consuming bug poison and that she was taken to the stanley medical hospital and examined ..... cannot be established. the aggrieved party may not get relief, we do not think that was the intention with which the parliament enacted section 13(1)(i-a) of the hindu marriage act. the context and the set up in which the word 'cruelty' has been used in the section seems to us, that intention is not necessary element in cruelty. that word ..... established facts it is clear that the appellant has made out a case for mental cruelty so as to get a decree for dissolution of marriage under section 13(1)(i-a) of the hindu marriage act, as amended by act 68 of 1976. thus the substantial question of law is answered in favour of the appellant and against the respondent.10. as regards the ..... and the petition o.p. 629 of 1977 filed by the appellant is allowed and there will be a decree for dissolution of marriage between the appellant and the respondent under section 13(1)(i-a) of the hindu marriage act. in the circumstances, of the case, there will be no order as to costs.12. before parting with the case, i wish to .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-23-1988
Reported in : AIR1988SC839; JT1988(1)SC39; (1988)93PLR629; 1988(1)SCALE398; (1988)2SCC90; 2SCR1098; 1988(1)LC491(SC)
..... part of the proceedings by which alone both the parties to the decree of divorce can be released from their incapacity to contract a fresh marriage. the law commission in its 59th report on hindu marriage act, 1955 and special marriage act, 1954 however suggested the deletion of the proviso to section 15 which laid down that it shall not be lawful for the respective parties to ..... a. p. sen, j.1. in this special leave petition by the wife against the decree for dissolution of marriage granted by additional district judge, patiala dated 29th march, 1986 on the ground of cruelty under section 13(ia) of the hindu marriage act, 1955, against which the petitioner-wife had preferred an appeal to the punjab and haryana high court and which the high ..... marry again unless at the date of such marriage at least one year has elapsed from the date of the decree in the court of the ..... conclusions. first, that there never appears to have been a decision where words in a statute relating to marriage, though prohibitory and negative, have been held to infer a nullity, unless such nullity was declared in the act. secondly, that, viewing the successive marriage acts, it appears that prohibitory words, without a declaration of nullity, were not considered by the legislature to create .....Tag this Judgment!
Court : Rajasthan
Decided on : Jul-28-1988
Reported in : AIR1989Raj97; 1988(2)WLN439
..... divorce filed by the appellant husband. the husband has been granted divorce on the ground that the wife is suffering from mental disorder under section 13(1)(iii) of the hindu marriage act, 1955. while granting divorce on this ground, permanent alimony at rs. 350/- p. m. has also been granted to the wife under section 25 of the ..... applied for divorce on one of the grounds contained in sub-section (1) of section 13 of the act treating the marriage to be a valid marriage. this alone is sufficient to reject such an argument. this being the position, section 25 of the hindu marriage act providing for grant of permanent alimony is clearly attracted with the result that the grant of permanent alimony thereunder ..... the case are to be taken into account while exercising the discretion to grant permanent alimony under section 25 of the act. we find from the record that the appellant had met his wife before he accepted the proposal of marriage with her. this being so, the appellant had the opportunity to meet and talk to his wife before he accepted the ..... the mental disorder on which ground decree for divorce has been granted was not in existence prior to the marriage. in these circumstances, there can be no occasion to refuse to grant permanent alimony since exercise of discretion under section 25 of the act cannot justify a total refusal to grant any permanent alimony. the question now is only of the quantum .....Tag this Judgment!
Court : Chennai
Decided on : Dec-23-1988
Reported in : AIR1989Mad216; II(1990)DMC146
..... sub court, kumbakonam, was filed by ramanathan against the respondent in these civil revision petitions under section 13(1)(b) of the hindu marriage act, 1955 (hereinafter referred to as the act) praying for a decree of dovorce on the ground that the respondent had intentionally and without any justification deserted him. on 24- ..... provision contained in section 25, c.p.c. is excluded by reasons of section 21 of the hindu marriage act, 1955. section 21 of the hindu marriage act merely provides-- 'subject to the other provisions contained in this act and to such rules as the high court may make in that behalf, all proceedings under the ..... act shall be regulated, as far as may be, by the code of civil procedure.' in terms section ..... 6-1984, when ramanathan died, could claim the status of a widow. this would assume that despite the decree of divorce dissolving the marriage, the marriage had continued to subsist till the dale of death of ramanathan, for which there is no basis whatever in law. further when the ..... remedy of divorce sought for by deceased ramanathan in o.p. 30 of 1983 was a personal remedy arising between the parties to the marriage and could not be prosecuted against the estate of deceased ramanathan, represented by his mother the petitioner herein. the learned subordinate judge accepted .....Tag this Judgment!
Court : Delhi
Decided on : Apr-07-1988
Reported in : AIR1989Delhi73; 1988(14)DRJ337; 1988RLR297
..... of the said wedlock. differences arose between the parties and the petitioner filed a petition for divorce being h.m.a. 237 of 1978 under section 13 of hindu marriage act, 1955 (hereinafter referred to as the act) which was dismissed on 15th january 1980. tension and disharmony continued between the parties and thus they filed a petition for divorce by mutual consent under section ..... in such a case the court is empowered specifically to refuse to grant the decree. the legislature introduced section 13b in the act by marriage law (amendment) act 1976 to provide for a speedy dissolution of marriage when it is found that the marriage is irretrievable. the legislature provided for an interval of a period of six months between the first motion and the second ..... they have not been able to live together and that they have mutually agreed that the marriage should be dissolved. under section 13b(2) of the act the parties have to make a second joint motion not earlier than six months after the date of the presentation of the first motion but ..... constitution of india.(4) it was contended by the learned counsel for the petitioner that winder section 13b of the act, a petition for dissolution of marriage by a decree of divorce had to be presented by both the parties to a marriage together on the ground that they have been living separately for a period of one year or more and that .....Tag this Judgment!
Court : Delhi
Decided on : May-20-1988
Reported in : AIR1989Delhi10; 1988(15)DRJ375; 1988RLR428
..... . (1) this revision is of the order dated 1-2-1988 passed by the additional district judge, delhi, whereby she, on an application under section 24 of the hindu marriage act, 1955 (for shore 'the act') of the wife. allowed her maintenance pendente lite at the rate of rs. 600.00 per month, but at the same time declining her any expenses of the proceedings ..... parties were married on 12-10-1986. they lived together for about three months. then the wife filed a petition under section 12 of the act seeking annulment of the marriage on the ground that the marriage had not been consummated owing to impotence of the husband. in these proceedings, she filed an application on 10-3-1987 under section 24 of the ..... poor to maintain his family'. it may be useful at this stage to refer to the definition of 'maintenance' as given in the hindu adoptions and maintenance act, 1956 (for short 'the act of 1956'). under section 3 of that act, 'maintenance' includes-(i) in all cases, provision for food, clothing, residence, education and medical attendance and treatment ; (ii) in the case of an ..... the reasonable expenses of and incident to her marriage. i would, thereforee, think that when we talk of maintenance and support, the definition of 'maintenance' as given in the act of 1956 should be adopted. section 18 of the act of 1956 also refers to maintenance of wife and gives the circumstances under which a hindu wife is entitled to live separately from her .....Tag this Judgment!
Court : Rajasthan
Decided on : Nov-03-1988
Reported in : I(1990)DMC177; 1990(1)WLN520
..... the appellant and the respondent over a petition for divorce sought by the appellant-husband on the ground of desertion as provided for in section 13(1)(b) of hindu marriage act, 1955, (for brevity, 'the act') the first inning of the litigative match was fought and played before the district judge, kota, who, on an evaluation of the relative merits and demerits of the ..... complained that the husband began to mistreat her and the subsequent conduct revealed to her in retrospect that he had been acting in a pre-planned and calculated manner to get rid of her and to create fake grounds for getting marriage dissolved.35. the wife in her statement has stated that on may 17, 1974, she was taken to delhi by ..... , the husband began to mistreat her and that his subsequent conduct revealed to her in retrospect that he had been acting in a pre-planned and calculated manner to get rid of her and to create fake grounds for getting the marriage dissolved. not disputed by the wife, she was having trouble in her uterus and she in her statement as well ..... it will be disgraceful for her to accompany with husband straightway from the court--which was not acted upon by the husband and which by itself is sufficient to show that the husband was not intending to keep the wife with him. irretrievably broken marriage cannot be a ground for divorce, shri jain added.12. shri n.l. jain lastly wrangled by .....Tag this Judgment!