Court : Mumbai
Decided on : Jun-21-1993
Reported in : AIR1994Bom43; (1993)95BOMLR260; (1994)DMC115; 1993MhLJ923
..... shah, shall hereinafter be referred to as 'the respondent'.2. the respondent filed m.j. petition no. 799 of 1989 for dissolution of marriage under sections 13(1)(i); 13(1)(ib) and 13(2)(i) of the hindu marriage act, 1955 and petition no. 500 of 1989 for separate maintenance for herself and son anand under section 125 ofthe criminal procedure code in the family court ..... . her case was that the marriage between herself and the appellant took place asper hindu vedic rites in the month of april, 1973 at bombay whereafter she ..... trial judge. 8. however, at the hearing of these appeals, mr. abhyankar, learned advocate appearing on behalf of the appellant, very vehemently urged that as per section 7 of thehindu marriage act, 1955, it had to be proved that a religious rite of completing saptapadi was performed and since there is no such evidence on record, a conclusion could not be drawn that ..... in the process of development of human personality. we have definite views and strong convictions about marital relations. the law as to presumption in favour of marriage under sections 50 and 114 of the evidence act is well crystallised. thus when a man and a woman live together as husband and wife for sufficiently long time and were treated as husband and .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Jul-05-1993
Reported in : II(1993)DMC614; (1994)106PLR12
..... of the decree for restitution of conjugal rights. we are, therefore, clearly of the view that it is not a kind of resumption of cohabitation which is contemplated under the hindu marriage act, 1955, resumption of cohabitation is to be by volition of both the parties or by reconciliation and it cannot be a mere attempt by one of the spouses against the will ..... into a decree dated march 12, 1980. for non-compliance of the decree for restitution of conjugal rights, husband, this time instituted a petition under section 13(1a) of the hindu marriage act, 1955 claiming a decree for divorce on the solitary ground that after passing of the decree for restitution of conjugal rights, there had been no cohabitation between the parties for more ..... the decree, had done nothing which should come in his way so as not to get a decree for divorce on the basis of section 23(1)(a) of the hindu marriage act.5. aggrieved, the wife carried an appeal against the judgment and decree passed by the additional district judge, ambala and the same was allowed by the court reversing the judgment ..... there had been non-compliance of the decree for restitution of conjugal rights. amendment aforesaid was introduced in section 13 by section 2 of the hindu marriage amendment act, 1964. original section 13 as it stood before the 1964 amendment permitted only the spouse who had obtained the decree for restitution of conjugal rights to apply for a decree .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Nov-17-1993
Reported in : I(1994)DMC286
..... be sustained also for the reason that the question of grant of permanent alimony has not been considered while passing the decree. according to him under section 25 of the hindu marriage act, 1955, the question of grant of permanent alimony has to be considered at the time of passing of a decree. in support of his contention, learned counsel cited decision of the ..... dhawan v. jawaharlal dhawan, (1993) 3 scc, 406.4. let us first take up the point of grant of permanent alimony. section 25 of the hindu marriage act, 1955 very clearly states that any court exercising jurisdiction under the act, may at the time of passing any decree or at the time subsequent thereto, order that the respondent shall pay to the applicant maintenance. this ..... from the appellate judgment and decree passed by the learned single judge of this court in first appeal no. 49/92, arising out of the proceedings for divorce under the hindu marriage act of 1955. the respondent-husband ashok kumar vyas had claimed a decree of divorce on two grounds: (1) failure to comply with the decree of restitution of conjugal rights and (2 ..... clearly shows that an application under section 25(1) of the act can be made and decided at the time of passing of decree or at any time subsequent thereto. there is nothing in the aforesaid decision which takes away the right .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Sep-06-1993
Reported in : AIR1994AP13; I(1994)DMC1
..... order1. the husband of the respondent filed op no. 30/ 86 for dissolution ofhis marriage with the respondent under s. 13 of the hindu marriage act 1955 ('the act', for short). the petition was decreed ex parte on 11-7-1988. the petitioner (respondent?) filed ia no. 870/ 88 to set aside the ex parte decree. subsequently, the husband ..... of the deceased or a divorcee. if the wife succeeds in having the decree set aside, she will be a widow of thedeceased entitled to the benefit of the hindu succession act and will be entitled to inherit the properties of the husband as a class i heir. such a right cannot be claimed and will be lost unless the legal representatives ..... was held that a petition filed even after the death of the other spouse for declaration of nullity of marriage, is maintainable, relying on the report of the law commission relating to amendment of the act in the year 1976. in the report of the law commission it was suggested that there is no general rule that where one of the parties ..... next referred to maharani kusumakumari v. kusuma kumari jadeja, : 1scr193a , and submitted that legal representatives can be impleaded only under proceedings under s. 11 or 12 of the act, as it involves the legitimacy of the children born during the subsistence of the marriage. the supreme court was dealing with situations arising out of the proceedings under s. 11 of the .....Tag this Judgment!
Court : Delhi
Decided on : Nov-04-1993
Reported in : 1993IVAD(Delhi)595; 1993(27)DRJ516
..... decreeing the petition of the husband for divorce against the appellant wife under section 13(1)(i-b) of the hindu marriage act, 1955 (for short the act), dissolving their marriage and passing a decree for divorce. (2) kusumlata, she was teaching in a government school at shahdara and ..... there was no resumption of cohabitation after 07 march 1979; the wife had deserted the husband since then and accordingly dissolved their marriage and passed the impugned decree for divorce. ' (7) i have heard learned counsel for the parties, perused the record, ..... salary was deposited straight to her bank account or that her nominee of that account was her brother and stated that after marriage she nominated her husband for it. she supported her allegations about the .respondent requiring her to transfer her bank accounts, ..... lived in her parental house in ghaziabad, u.p. satish kumar khanna, the respondent-husband lived in delhi with his widowed mother and sister. they were married on 21 november 1971 in accordance with the hindu ..... rites and both lived in matrimonial home at delhi intermittently for about eight years. there is no issue from this wedlock. the appellant left her matrimonial home and started living in her parental home at ghaziabad with effect from 07 march 1979. on 12 april 1979, the respondent filed a petition under section 13(1)(i-b) of the act .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Apr-29-1993
Reported in : II(1993)DMC398
..... no application to the present case as pleaded by the respondent neither the court had any jurisdiction to grant of maintenance exercising the powers under section 25 of the hindu marriage act, 1955.3. for the reasons stated above the order of the trial court is set aside. the appeal is allowed. however, under that circumstances there shall be no ..... wife. when there is a declaration given under section 11 of the hindu marriage act, 1955, by the court that the marriage between the parties was null and void it has effect of saying that there was no ..... for grant of maintenance under section 25 of the hindu marriage act, 1955, and the trial court granted maintenance of rs. 250-/ per month.2. section 25 of the hindu marriage act, 1955, permits grant of permanent alimony to either the wife or husband. thus, to get the alimony for maintenance under section 25 of the hindu marriage act, 1955, it is necessary that the parties were husband and ..... the meintenance granted by the trial court under section 25 of the hindu marriage act, 1955, to the respondent. the respondent on a petition, presented under section 11 of the hindu marriage act, 1955, obtained a decree of declaration of marriage between the appellant and respondent as a nullity. after the decree of declaration of marriage null and void was passed an application was moved by the .....Tag this Judgment!
Court : Rajasthan
Decided on : Oct-07-1993
Reported in : I(1994)DMC49
..... application dated 24th september, 1992 moved under order 14 rule 5 c.p.c. in a divorce petition filed by the petitioner under section 13 of the hindu marriage act, 1955 (hereinafter referred to as the '1955 act'). for the disposal of this writ petition, it is not necessary to go into the grounds on which the divorce petition has been moved.2. the petitioner ..... undoubtedly it will be tried by the family court but it cannot be decided alongwith any petition under tbe hindu marriage act. section 7 of the family courts act does not confer a right for getting all disputes decided in proceedings under section 13 of the 1955 act. section 7 only confers jurisdiction on the family courts specifying the nature of disputes which are triable by ..... matter of civil code and other statutes and not of the family courts act. it may be said that applications can be moved under the hindu marriage act, under the guardianship and wards act, under maintenance and adoption act, under section 125 cr. p.c. or even special marriage act or law relating to marriages in other communities. merely because, there is a description of different nature ..... it refers to section 27 of the 1955 act, which provides for disposal of property by the court as it deems just and proper with respect to any property presented at or about the time of marriage, which may belong jointly to both the husband and wife. it has further been observed that in proceedings under the hindu marriage act, orders for disposal of the property .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Sep-25-1993
Reported in : I(1994)DMC45
..... repeals in effect all existing laws, whether in the shape of enactments or otherwise, which are inconsistent with the act. section 13 of the hindu marriage act, 1955, provides the grounds for divorce. thus, there is a provision made under the hindu marriage act, 1955 for divorce, and any custom relating to divorce which was prevalent in the community of which the parties belong shall cease ..... hindu law or any custom or usage as part of that law in force immediately before the commencement of this ..... to have any effect after the commencement of the hindu marriage act. that being the position, there could not have been any divorce in a caste-panchayat. ..... living or--habitually resides with a concubine elsewhere. the appellant has a daughter from the marriage with dhannabai which proves the fact that the appellant is living with dhannabai and that entitles the respondent to claim maintenance from the appellant.5. after the hindu marriage act, 1955 has come into force by virtue of section 4, any text, rule or interpretation of .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-26-1993
Reported in : I(1994)DMC9
..... members. in any event, we do not think that allegations of this general nature are sufficient to establish mental cruelty within the parameters of section 13(1)(ia) of the hindu marriage act, 1955. we are also in agreement with the family court that the incident at the naming ceremony of the son rohan was only a petty quarrel on account of minor differences ..... present petition came to be filed by the appellant-husband on 30th november, 1986 claiming dissolution of marriage on the ground of mental cruelty under section 13(1)(ia) of the hindu marriage act, 1955.the appellant's case in brief is as follows :--that since after the marriage the respondent started pressing the appellant to purchase a self-contained flat by selling the existing premises ..... the dismissal of his petition for divorce under section 13(1)(ia) of the hindu marriage act, 1955.2. the brief facts leading to the present litigation are as follows :--the parties, both hindus, were married on december 16, 1985 at bombay as per hindu vedic rites. at the time of marriage the appellant had no permanent job and he was working as television mechanic on ..... days by her mother-in-law to be truthful. the family court, therefore, held that the appellant has failed to prove the ground under section 13(1)(ia) of the hindu marriage act. the appellant's claim for the custody of the minor child rohan was also rejected by the family court.3. mrs. mutalik, learned counsel for the appellant submits that the .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Feb-11-1993
Reported in : I(1994)DMC645; (1993)105PLR640
..... a decree of divorce against her husband. mr. paramjit singh chohan on 15th january, 1991 later on registered as case no. 7-t under the hindu marriage act, 1955, on 26th february, 1990. the learned additional district judge, patiala, vide his judgment dated 29-5-91, dismissed the petition by holding that no ground has been made by the ..... . during the pendency of the appeal, that a compromise had been arrived at between the parties and permission was sought for filing the petition under section 13b of the hindu marriage act for dissolving their marriage by mutual consent. in view of the written compromise, duly signed by the parties, filed in the court, along with the receipt dated 1st october, 1992, the permission ..... make sure that he was living in united states of america and whether he was signing of his own free will to the dissolution of marriage by filing the joint application under section 13b of the hindu marriage act. an affidavit sworn before the notary public has been filed in the court in support of the application.5. after going through the record of ..... chohan,daughter of manjit singh,resident of village alipur arianteh. & distt. patiala.3. thereafter, joint application (c.m. no. 6860-gii of 1902) for dissolution of marriage on account of mutual consent under section 13b of the hindu marriage act, has been filed. according to this application, which has been signed by both the parties, the following facts have emerged on the record :--'...the .....Tag this Judgment!