Court : Chennai
Decided on : Apr-20-1989
Reported in : AIR1990Mad110; I(1990)DMC547
..... also claimed that even on the footing that respondents 1 and 2 are illegitimate children born to the third respondent, by virtue of the amended s. 16 of the hindu marriage act, 1955, they should be regarded as legitimate children so that the first respondent is entitled to his legitimate share in the suit properties and the first appellant is bound to maintain ..... the off-spring of a void marriage, who had been till then regarded as illegitimate, is declared ..... that though in 1953, at the time when the first appellant married the third respondent, the marriage was void and had continued to be so even after the coming into force of the hindu marriage act, 1955, yet, by reason of s. 16(1) and (3) of the hindu marriage act as amended in 1976, respondents 1 and 2 had been declared to be the legitimate children ..... that the void nature of the marriage between the first appellant and the third respondent should be treated as having continued at the time of the enacting of the hindu marriage act, 1955. under s. 11 of the hindu marriage act, a marriage like the one between the first appellant and the third respondent is also void. under s. 16(1) of the hindu marriage act, 1955, after the amendment in 1976, .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-21-1989
Reported in : AIR1989Bom353; 1989(1)BomCR515; (1989)91BOMLR154; I(1990)DMC270
..... the judgment of a learned single judge of this court (sitting at nagpur) in nandini sanjiv ahuja v. sanjiv birsen ahuja : air1988bom239 .the learned judge construed s. 27 of the hindu marriage act , 1955. he took into account the judgments of various high court and the judgment in daruwalla v. daruwalla : air1964bom124 : he drew a distinction between the provisions of s. 27 of the ..... hindu marriage act and s. 42 of the parsi marriage and divorce act on the ground that (a) the marginal note of the two sections differed because the former spoke of disposal of property' and the latter of ' disposal ..... in para 16 of the written statement?'(5) is the respondent entitled to the return of the said ornaments and articles?'the learned judge referred to s. 27 of the hindu marriage act and found that the claim of the wife to the said property was on the basis that it was her exclusive property and not property that belonged jointly to husband ..... of joint property' and (b) s. 27 of the hindu marriage act empowered the court to make a provision with respect to 'any property' which may belong jointly to both the husband and wife whereas s. 42 of the parsi .....Tag this Judgment!
Court : Delhi
Decided on : Oct-25-1989
Reported in : AIR1990Delhi305; I(1990)DMC239; 1989RLR554
..... u.k. (which on facts of the present case did not have jurisdiction), that too on a ground which is not available to him under the hindu marriage act 1955, and has obtained a 'divorce' based on no evidence; after denying the plaintiff a reasonable opportunity to be heard. the plaintiff considering her normal place of ..... -'the plaintiff submits that, the decree of the foreign court in question is also vocative of sections 13, 19 and 24 of the hindu marriage act, 1955. in view of this and as also the foregoing averments, the plaintiff submits that she is entitled for a declaration that the ..... residence, and residence in england with the intention to join the husband, was residence within the meaning of s. 19 of the hindu marriage act.46. as far as s. 24 of the hindu marriage act is concerned, it relates to the maintenance, pendente lite and expenses of proceedings. there is no assertion in the plaint that the ..... aid was refused.47. in the aforesaid circumstances, it is not possible to hold that, there is breach of ss. 13, 19 and 24 of the hindu marriage act, .as asserted in para 42 of the plaint. as there was no refusal to recognize the law in india, and the judgment does not sustain the ..... 'particulars' annexed to the petition, it has been shown to me, and reproduced here above, could be made under s. 13(l)(ia) of the hindu marriage act regarding treatment of the petitioner with cruelty. the claim in the proceedings in england cannot thereforee, be said to be founded on the breach of law in .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-12-1989
Reported in : AIR1989Bom220; (1989)91BOMLR118; 1989MhLJ337
..... application by the wife seeking an alimony before the dismissal of the husband's petition section 25 of the hindu marriage act , 1955, to the extent relevant reads thus;-'any court exercising jurisdiction under this act may, at the time of passing any decree or at any time subsequent thereto, upon an application made ..... . the next contention advanced by mr. karlekar is that unless there be a decree in the sense of a decree for nullity of marriage or dissolution of marriage by divorce of some decree in the affirmative sense, the court cannot grant future alimony. in support of this submission counsel relies upon ..... the respondent did not have normal genital organs which incapacitated sexual intercourse or that she had so strong and in particular with him that the marriage could not be consummated. after some 3 years, the husband perusing a medical certificate tendered by the wife showing that she had normal genital ..... long. this is because on 23 january 1980 the appellant petitioned the city civil court claiming a decree of nullity on the ground that the marriage had not been consummated owing to the impotence of the respondent. briefly, the case set out in the petition at that stage was that ..... and was granted leave to plead that the wife had committed an act of infidelity which entitled him to a decree for divorce. this was on the allegation that until these spouses lived together, consummation of the marriage had been rendered physically impossible by the non-co-operation of the wife .....Tag this Judgment!
Court : Himachal Pradesh
Decided on : Apr-28-1989
Reported in : AIR1990HP77,1990CriLJ1012
..... provides that a marriage may be solemnised between any two hindus, if the conditions mentioned in that section are fulfilled. the first condition is ..... till death and marriage of the daughter will also be performed by the defendant. decree sheet be prepared accordingly and file after completion be consigned to record room'.7. the above order is absolutely wrong and illegal and against the clear provisions of the hindu marriage act, 1955.8. section-5 of the hindu marriage act, 1955, lays down the conditions for a hindu marriage and it clearly ..... that neither party should have a spouse living at the time of marriage.9. section 494 of the indian penal code makes the act of ..... principle of law and it is a gross mistake on his part to have ignored such principle of law and to have given a decree contrary to the provisions of hindu marriage act and perpetuate a criminal offence of bigamy punishable under the indian penal code.11. in the result, his petition is allowed. the order of the learned sub judge .....Tag this Judgment!
Court : Delhi
Decided on : Feb-14-1989
Reported in : 1989(16)DRJ285; 1989RLR146
..... m.k. chalwa, j. (1) in a petition for dissolution of marriage by a decree of divorce under section 13 of the hindu marriage act, 1955, smt. seema mehta, the petitioner averred that the marriage between her and lalit mehta was solemnised on 10th march, 1985, according to hindu rites and ceremonies. thereafter, they lived as husband and wife till 28th of july, 1985. the grounds for ..... seeking decree of divorce is incorporated in para 4 of the petition. it reads thus :- '4.that the petitioner before her marriage ..... under section 13-b, the parties filed a petition under articles 226 and 227 of the constitution of india challenging the provisions of sections 13-b and 14 of the hindu marriage act as being ultra virus of article 14 of the constitution of india. in this petition also, almost similar averments were reiterated by smt. seema mehta. this writ petition was ..... it. but this is not the case here. in the petition itself, the petitioner referred to an earlier petition no. 418/85 under section 13-b of the hindu marriage act seeking the dissolution of marriage by mutual consent. it was instituted in the court of additional district judge on 22nd of august, 1985. in para no. 4 of the said petition, similar allegations .....Tag this Judgment!
Court : Kerala
Decided on : Mar-03-1989
Reported in : AIR1989Ker314
..... marriage on the ground that the first respondent wife had after solemnization of the marriage voluntary sexual intercourse with the second respondent her sister ..... . 1. this appeal by the respondents is against the ex parte decree dissolving the marriage between the petitioner and the first respondent passed by the lower court under section 13 of the hindu marriage act, 1955.2. the petitioner had married the first respondent on 6-6-1976. a petition under section 13 of the act was filed on 29-10-1980 for dissolution of the ..... such appeal is prescribed by 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 appeal has the same jurisdiction and ..... same power and authority available in respect of every appeal under the code'.it is further stated at page 545 :'section 15 of the hindu marriage act only declares that it shall be lawful for either party to the marriage to marry again under certain circumstances. from this it does not follow that a right to remarry enures automatically after the expiry of 30 .....Tag this Judgment!
Court : Kerala
Decided on : Aug-04-1989
Reported in : I(1990)DMC61
..... (1)(c) of the act. trial court dismissed that application filed by the husband. on his appeal learned district judge passed a decree annulling the ..... between same parties. they are concerning the marriage between them. so, i consider it advantageous to dispose of them by this common judgment.2. i will first take up s.a. no. 498/1987. this second appeal arises out of a proceeding under the hindu marriage act, 1955, hereinafter referred to as 'the act', for declaration of the marriage between the parties as nullity under section 12 ..... parties is to be annulled on account of fraud as contemplated by section 12(1)(c) of the act.10. section 12(1)(c) of the act is in the following terms :12(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 following grounds ..... . (i am referring to the parties as they are arrayed before the trial court in the proceedings under the act).3. material averments made by husband in the petition filed before trial court are as follows : petitioner and respondent are hindus. their marriage was solemnised on 13-12-81 in accordance with the religious rites of the community to which they belong .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Dec-05-1989
Reported in : 1990MPLJ509
..... an appeal to the high court as against a decree of district court is 90 days. section 28(4) of the hindu marriage act prescribes a shorter period of limitation for filing an appeal against a decree or order under the hindu marriage act, 1955. it is well known that the litigants while managing their litigation depend mostly on the legal advice and although ignorance of ..... law is no excuse for breaking it, the fact remains that the litigants rarely know the niceties of procedural law specially a technical law like, that of limitation. it sounds natural that the appellant chose to act on ..... days.5. in g. ramegowda v. special land acquisition officer, bangalore, air 1988 sc 897, their lordships emphasised the necessity of the expression 'sufficient cause' in section 5, limitation act receiving liberal construction so as to advance substantial justice and also of generally condoning delays in preferring appeals in the interest of justice unless 'gross negligence or deliberate inaction or ..... passed a decree of judicial separation between the parties, a hindu spouse. the wife has come up in appeal. however, the office reports that the appeal is barred by time as having been filed beyond 48 days of the period prescribed.2. an application under section 5 of limitation act seeking condonation of delay in filing the appeal has been filed .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Jan-27-1989
Reported in : AIR1989P& H223
orders.s. sodhi, j. 1. to refuse maintenancependehte lite and expenses of litigation tothe wife and her minor child, merely topressurise the wife to reconcile her differenceswith her husband, cannot, but be branded asa patent misuse of the provisions of section 24 ofthe hindu marriage act, 1955. the challengehere is to be precisely such an order passedby the additional district judge, amritsar,on dec. 6, 1988, whereby, he declinedmaintenance to the wife and minor son withthe observations, 'i have kept the interest ofgurmit kaur and her son in the picture indeclining maintenance and litigation expensesto her at this stage and hope that this wouldquietly nudge her towards taking a less harshview of gurraj singh's behaviour towardher.....' 2. the impugned order thus being wholly unwarranted and contrary to law is accordingly hereby set aside and the matter is remitted to the trial court with the direction to decide the wife and minor son's claim for maintenance and expenses of the litigation afresh, in accordance with law, the wife gurmit kaur shall, in addition, also be entitled to rs. 1000/- as expenses of this litigation. 3. this petition stands accepted in these terms.Tag this Judgment!