Court : Mumbai
Decided on : Mar-20-1992
Reported in : AIR1993Bom160; 1992(2)BomCR648; I(1993)DMC32
..... , rule 4 of the code of civil procedure, 1908, for restoration of the petition filed by the husband for divorce, the wife can initiate proceedings under section 24 of the hindu marriage act. 1955, for maintenance pendente lite and expenses of proceedings; (ii). the husband cannot be allowed to withdraw his application for restoration under order 9, rule 4 of the code of civil ..... , r. 4 of the code of civil procedure, 1908, for restoration of the petition filed by the husband for divorce, can the wife initiate proceedings under s. 24 of the hindu marriage act, 1955, for maintenance pendente lite and expenses of proceedings?. (ii) can the husband be allowed to withdraw his application for restoration under o. 9, r. 4 of the code of civil ..... 1. this is an unfortunate litigation and that too a civil revision application arising out of an order, in the nature of an interlocutory order, under s. 24 of the hindu marriage act, 1955. the petitioner-husband seeks to challenge the order dated 30th august 1989 passed by the civil civil court, bombay, in notice of motion no. 6849 of 1987 for maintenance pendente ..... to be disposed of on merits.29. shri bhatia did suggest that in view of the provisions of clause (b) of section 4 of thehindu adoptions and maintenance act, 1956, the proceedings under section 24 of the hindu marriage act, 1955, were not at ail maintainable. it was tried to be contended that an application for maintenance must necessarily fall under section 18 of the .....Tag this Judgment!
Court : Karnataka
Decided on : Mar-10-1992
Reported in : II(1992)DMC167; ILR1992KAR1798; 1992(2)KarLJ357
..... for the purpose.'6. it is now relevant to consider the scope of section 4 of the hindu marriage act, 1955 which deals with over riding effect of the act. it reads as under:-'save as otherwise expressly provided in this act.- (a) any text, rule or interpretation of hindu law or any custom or usage as part of that law in force immediately before the commencement ..... observed:'for appreciating the status of a hindu woman marrying a hindu male with a living spouse some of the provisions of the hindu marriage act, 1955 (hereinafter referred to as the act) have to be examined. section 11 of the act declares such a marriage as null and void in the following terms:- '11.void marriages.- any marriage solemnized after the commencement of this act shall be null and void and ..... contested the suit mainly on the ground that the suit as being not maintainable in view of his marriage with the plaintiff as being null and void by virtue of the provisions of section 11 of the hindu marriage act, 1955, which came into force on 18-5-1955 disentitling her claim for maintenance. both the courts have come to the conclusion that the plaintiff's ..... suit for maintenance under the provisions of the hindu adoptions and maintenance act, 1956, which came into force on 21-12-1956 as being .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Feb-21-1992
Reported in : AIR1992AP234; 1992(2)ALT346; II(1992)DMC608
..... time. the first stage would be the legal position as per the shastraic and textual hindu law and how it was understood and interpreted by courts prior to the enactment of the hindu marriage act of 1955. the second stage is the law after the advent of s. 16 of the hindu marriage act, 1955. the third stage is the legal position emerging as a result of amendment of ..... marriage is null and void and under section 11 any child of such marriage shall be legitimate whether or not a decree of nullity is granted in respect of that ..... lordship considered the effect of amendment to section 16 effected by section 19 of the marriage laws (amendment) act, 1976, and observed at page 214 as follows :'this amendment was made to remove certain anomalies and handicaps that had come to light after the passing of the hindu marriage act, 1955. by the amendment the sweep of section 16 has been widened and even where the ..... s. 16 in the year 1976.11. as both the courts have recorded concurrent findings of fact regarding the factum of a marriage taking place between rasala ramaiah and third plaintiff and as both the .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-30-1992
Reported in : AIR1994Bom1; 1994(1)MhLj230
..... arisen in these appeals, in which we have heard learned counsel extensively, which issues are summarized below : (a) whether in a proceeding for dissolution of marriage while granting a relief under the hindu marriage act, 1955, the trial court would be justified in the grant of ancillary orders in relation to items of property, such as the ornaments, furniture, fixtures etc., or whether ..... on a strict construction of s. 27 of the hindu marriage act, a court would be required to direct the parties to adopt separate proceedings only in respect ..... when petitions were heard and disposed of by the city civil court can never be disputed. under these circumstances, the subordinate civil court trying a matrimonial proceeding under the hindu marriage act would be justified in passing appropriate orders by having resort to the powers vested in them under section 151 of the code of civil procedure. in this regard, mr. ..... faced with a situation, however, where the legislature made specific provisions for the disposal of only one small restrictive class of property. undoubtedly, there is no provision in the hindu marriage act which imposes a bar on the courts in relation to the disposal of other forms of property. consequently, by virtue of the vacuum that is created, the courts have .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-08-1992
Reported in : 1992(2)BomCR620; (1992)94BOMLR61
..... affirm and verify the contents of the petition as being true to their own knowledge. i, therefore, pass decree of divorce under section 13b of hindu marriage act, 1955 as amended as per prayer clause (a) of the petition.'this cryptic judgement passed by the learned trial judge leaves no manner of doubt in my ..... not registered. it appears that they filed m. j. petition no. 980 of 1988 under section 13b of the hindu marriage act, 1955 as amended uptodate (hereafter referred to as the 'hindu marriage act) in the city civil court at bombay for divorce by mutual consent. the learned judge of the city civil court, by ..... been done by the learned trial judge in this case. 4. it is also important to bear in mind that under section 23 of the hindu marriage act, in any proceeding, whether defended or not, when a divorce was sought on the ground of mutual consent, the court should satisfy itself that ..... live together and that they were living separately for a certain period. what is required of the court under section 13b(2) of the hindu marriage act is to make such enquiry as the court thinks fit including the hearing or examination of the parties for the purpose of satisfying itself whether ..... upon the learned trial judge to have made inquisitor enquiry from the parties and especially the appellant-wife in consonance with section 13b of the hindu marriage act and the impugned judgement and decree passed by the learned trial judge does not show that such an enquiry was made by the learned trial .....Tag this Judgment!
Court : Chennai
Decided on : Apr-23-1992
Reported in : AIR1993Mad346
..... of one-fourth share in the above said two items. besides, in view of the amendment to section 16(1) of the hindu marriage act, 1955, by act lxviii of 1976, right has been given even to illegitimate children even though the marriage might have been void or voidable. what is more, they will share equally with the legitimate children and there is no ambiguity about ..... 29-3-1949 there could not have been any impediment to the parties contracting a valid marriage.25. yet another argument of the learned counsel for the ..... wife could not result in a legal marriage between them, it may be that the presumption of marriage could not be raised in such a case. but where they could have married each other and law permits such marriage there is nothing to prevent the presumption coming into play. since the madras hindu (bigamy prevention and divorce) act 6 of 1949 came into force on ..... third defendant was that no presumption of a second marriage could arise by reason of long cohabitation .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-29-1992
Reported in : 1992(1)BomCR514; (1992)94BOMLR88
..... under this act shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction- (i) the ..... 1988 the respondent came to india and filed marriage petition no. 304 of 1988 against the wife for divorce of the ground of cruelty. he filed this petition in the district court at thane.3. the parties are hindus and it is undisputed that they are governed by the hindu marriage act, 1955. section 19 of the hindu marriage act reads as follows : '19. every petition ..... 19 was clearly not applicable. the question before the court was as to which provision of law should be resorted to when the conditions of section 19 of the hindu marriage act were not satisfied. in these circumstances, it was held that the provision of section 20 of the civil procedure code should be resorted to for determining the question of jurisdiction. ..... court within the local limits of whose ordinary civil jurisdiction the parties last resided together. now, it was not the intention of the hindu marriage act to confer jurisdiction on a foreign court where the parties are governed by the hindu marriage act. a similar provision came up for consideration in : 2scr73 , jagir kaur v. jaswant singh, from the proceedings under section .....Tag this Judgment!
Court : Gujarat
Decided on : Apr-30-1992
Reported in : I(1992)DMC614
..... j.n. bhatt, j.1. by this appeal under section 28(1) of the hindu marriage act 1955 ('act' for short hereinafter), the appellant original petitioner has challenged the judgment and decree passed in hindu marriage petition no. 3 of 1988 on 21/3/1991 by district court, valsad, navsari.2. a few relevant facts giving birth to ..... civil procedure, 1908 (5 of 1908).'14. the attention of this court is also invited to the provisions of section 13-b(2) of the hindu marriage act, which reads as under :'(2) on the notion of both the parties made not earlier than six months after the date of the presentation of the ..... to him under the law for the return of those items. no provision is indicated or pointed out at either under the provisions of hindu marriage act or any other act which would empower this court to grant such a direction or grant the relief in favour of the husband. in fact, it is ..... make decree for divorce, secondly, in view of the provisions of section 21 of the hindu marriage act strict principles of the code as applicable to other civil proceedings will not be applicable to the proceedings under the hindu marriage act. thirdly, order xiv. rule 2 provides that the court can raise an issue of law ..... before this court challenging its legality and validity by filing this first appeal by invoking provisions of section 28(1) of the hindu marriage act.9. having closely examined the impugned judgment and decree and the facts and circumstances, in the light of the provisions of. section 13-b of .....Tag this Judgment!
Court : Gujarat
Decided on : Aug-25-1992
Reported in : AIR1993Guj111; I(1993)DMC577; (1992)2GLR1595
..... .1. in this appeal under section 28 of the hindu marriage act, 1955 ('act' for short), the appellant/original petitioner no. 1 husband, has questioned the legality and validity of dismissal of the petition for divorce by mutual consent, under section 13b(1) of the act, by the learned city civil court judge, on 22-4-1992, in hindu marriage petition no. 34 of 1992. in view of ..... may make such an inquiry into the correctness of the grounds stated in the petition. (iv) the court must thereafter be satisfied that the marriage between the spouses had been solemnised after the act came into force, after 1955, and the material averments made in the petition are true. 7. the provision in the aforesaid section was introduced by the legislature in 1976 ..... with the design and object to grant divorce in case of broken down case of marriage by mutual agreement for avoiding multiplicity of proceedings. the underlying ..... the result, the impuned judgment and decree is quashed and set aside. decree for divorce by mutual consent, as contemplated under the provisions of section 13b(1) of the act, by dissolving the marriage between the parties, is, hereby, granted, as prayed for, in the original joint petition, the appeal is allowed. in the circumstances, there shall be no order as to .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Nov-18-1992
Reported in : I(1993)DMC272
..... appellant/defendant lived with the respondent/plaintiff in his house till june 1985. the husband/respondent filed a petition, under section 13(l)(ia)and 13(l)(ib) of the hindu marriage act, 1955 on the allegations that the appellant/wife left her place of residence in the month of june,' 1985 and inspite of his best efforts to call her back the appellants ..... himself has deserved the appellant/wife and, therefore, he in not entitled to a decree of divorce.3. under section 13(l)(ia) of the hindu marriage act, 1955 the plaintiff is entitled to a divorce if after the marriage, if the plaintiff has been treated with cruelly, or. under section 12(l)(ib) has deserted the plaintiff for a continuous period of not less ..... perusal of the entire evidence it is established that the appellant/wife and not the plaintiff/respondent has deserted thereby making a ground under section 13(l)(ib) of the hindu marriage act. the learned trial judge has decreed the suit of the plaintiff/respondent on this ground i do not find any irregularity or illegality committed by the trial court in granting ..... elements in the two spouses respectively and their continuance throughout the statutory period.'4. the plaintiff/respondent has examined himself as p. w. 1 and has stated that after the marriage the appellant/defendant came to his place of residence 2-3 times only and left the plaintiff's house in june 1985 and thereafter she never returned back to his .....Tag this Judgment!