Court : Supreme Court of India
Decided on : Aug-04-1993
Reported in : 1995Supp(4)SCC602
..... another application under section 25 of the hindu marriage act, 1955 (hereinafter referred to as the act). the learned additional district judge set out three questions for his consideration but deleted the second ..... one, and answered the two questions observing that the application under section 27 of the act cannot be taken into consideration for the reason stated in ..... appeal is preferred by smt urmila rani, who was the respondent in hma case no. 27 of 1980 on the file of the additional district judge, delhi. the respondent herein, namely, shri raj kishan gupta filed a divorce petition under section 13 of the hindu marriage act, 1955. in those proceedings the present appellant presented an application under section 27 and ..... of judgment.2. the learned counsel appearing for the appellant drew our attention to section 27 of the act which states that the appellant has got a legal right to file an application in any proceeding under the hindu marriage act and accordingly she has done so and, therefore, it is just and proper that the court gives a .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-21-1993
Reported in : (1993)95BOMLR267
..... a decree of divorce against his wife on the grounds of adultery and cruelty under section 13(1)(i) and (i-a) respectively of the hindu marriage act, 1955. this petition was originally filed in the court of the civil judge, senior division, pune,. but upon the establishment of a family court at pune ..... petitioner came to know that there had been a long standing illicit intimacy between the respondents 1 and 2; that this had continued even after her marriage with the petitioner.6. the respondent no. 1 was therefore probed more deeply when she eventually confessed to the fact of her indecent intimacy with ..... corporation of india at pune and the respondent no. 1 was employed in a private business house. the kirloskar manila udhyog. after marriage, the respondent no. 1 started living with the petitioner-husband in the latter's house. the petitioner's family at that time consisted of himself ..... constitute legal cruelty which would entitle him to a decree for divorce under section 13(1)(i-a) of the act. he also asserted that it was clear that after solemnisation of marriage with him, the respondent no 1 was having voluntary sexual inter-course with the respondent no. 2 bhide, on ..... petitioner chandrashekhar and the respondent no. 1 vaijayanti were married at pune according to hindu religious rites on 9-1-1983. both of them are residents of pune. the marriage was arranged one. at the time of the marriage the petitioner was serving as a peon in the office of the life insurance .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Feb-12-1993
Reported in : AIR1993AP229; 1993(1)ALT458
..... of solemnisation of hindu marriage in accordance with the customary rights and ceremonies of either party thereto. therefore, whether it is ..... and bringing-in the legislation, hindu marriageact, 1955, hindu marriages were used to be governed by sastric law. hindu marriage was a religious sacrament and not a contract, and divorce was unknown to hindus. one of the essentialities for valid performance of hindu marriage was kanya dana, i.e., gifting the bride to the bride-groom, apart from saptapadhi. the codified law, viz. hindu marriage act, 1955 through section 7 postulates performance ..... erlier to or later on to the codification, the essentialities, viz. kanya dana and saptapadhi, remain intact and unaltered for valid performance of a hindu marriage. by performance of kanya dana, the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jun-11-1993
Reported in : 1993(1)ALT(Cri)211; 1993CriLJ2930; II(1993)DMC110SC; JT1993(4)SC22; 1994(0)MPLJ1; 1993(3)SCALE1; (1993)3SCC406; 3SCR954
..... valid as ancilliary or incidental to such affectation or disruption. the wife's claim to maintenance necessarily has then to be agitated under the hindu adoptions and maintenance act, 1956 which is a legislative measure later in point of time than the hindu marriage act, 1955, though part of the same socio-legal scheme revolutionizing the law applicable to hindus.24. section 41 of the evidence ..... act inter alia provides that a final judgment, order or decree of a competent court in the exercise of matrimonial jurisdiction, which confers upon of takes away from any ..... provision is indicative of the quality of matrimonial jurisdiction.25. we have thus, in this light, no hesitation in coming to the view that when by court intervention under the hindu marriage act, affectation or disruption to the marital status has come by, at that juncture, while passing the decree, it undoubtedly has the power to grant permanent alimony or maintenence, if that ..... bombay high court took the view that in order to confer jurisdiction upon the court to proceed under section 25(1) there must be a decree as contemplated under the hindu marriage act and one of the decrees can be under section 10(1)(b). and when the petition was allowed to be withdrawn, there was no decree passed in favour of the .....Tag this Judgment!
Court : Delhi
Decided on : Jul-06-1993
Reported in : AIR1994Delhi234; 51(1993)DLT588; 1993(26)DRJ469
..... dutt singh vs. smt. rajni gandhi, 19s4delhi 320, avadh behari, j. (as he then was), while considering the question of grant of maintenance pendente lite under section 24 of the hindu marriage act, 1955 observed that the section is not a code of rigid and inflexible rules, arbitrarily ordained to be blindly obeyed; it does not enact any mathematical formulae; it gives wide power ..... , flexible and elastic to do justice in a given case and leaves everything to the judge's discretion. both section 18 of the act as also sections 24 and 25 of the hindu marriage act, deal with grant of maintenance allowance and in the absence of any set procedure for determining maintenance in proceedings under section 18 of the ..... act, the aforesaid observations in dev dutt singh's case (supra), in my view, hold good. (12) in the instant case, there is no dispute that the husband is a ..... 151 civil procedure code for grant of interim maintenance and litigation expenses. (2) the plaintiff was married to defendant no. i in accordance with hindu rites on 20 may 1990. plaintiff alleges that right from the very first day of her marriage, the defendants started ill treating her as she had failed to bring in the remaining bit of dowry promised at the time .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Nov-17-1993
Reported in : I(1994)DMC111
..... support of his argument, he has relied upon section 16(1) of the hindu marriage act, 1955 which reads as under :16(1). legitimacy of children of void and voidable marriages. 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 ..... eyes of law preceding that status. the expression must, therefore, be given the meaning in which it is understood in law applicable to the parties. the marriage of a woman in accordance with the hindu rites with a man having a living spouse is a complete nullity in the eyes of law and she is, therefore not entitled to the benefit of ..... . in her petition smt. chandro devi has alleged that she was married on 10th may, 1968 with vir singh brother of dharam singh, according to hindu rites at tosham town and on the same day marriage of dharam singh was also solemnised with mam kaur. she has further alleged that one son and one daughter has born to her out of the ..... singh; that her husband vir singh died on 19.6.1981; that thereafter, dharam singh performed karewa marriage with her on 12.5.1982 according to hindu rites and on the same day dharam singh and she became husband and wife; that after karewa marriage she and dharam singh had been living as husband and wife and had been performing matrimonial obligations; and .....Tag this Judgment!
Court : Chennai
Decided on : Dec-24-1993
Reported in : (1994)1MLJ421
..... : the respondent has filed o.p. no. 819 of 1991 against the petitioner for divorce under sections 13(1)(a) and 13(1)(iii) of the hindu marriage act, 1955. the petitioner had resisted it. the trial had commenced and examination of the witnesses was over. at that stage, this petition is filed for transfer.3. ..... hindu marriage act as well as section 21-b of the said act. section 21-b(1) of the act reads as follows:the trial of a petition under this act shall as far as is practicable consistently with the interests of justice in respect ..... p.c. 1170 and nandkishwar bux roy v. gopal bux rai .19. mr. desigan, learned counsel would further submit that the scheme of hindu marriage act requires that the trial should be conducted expeditiously and judgment rendered early and in this regard, he relied upon the preamble to the ..... who records the evidence renders the judgment and it is also true that an enquiry under the hindu marriage act should be conducted expeditiously and disposed of early. but as has been indicated in section 21-b of the act, the speedy trial must be in consonance with the practical circumstances and in consonance with the interest ..... , as the present learned judge, on the basis of the evidence already available on record. the respondent is in a hurry to fix up the second marriage and he is anxious to get divorce at the earliest. even on 14.12.1993, when a memo was filed regarding the stay of the proceedings, .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-05-1993
Reported in : (1995)IILLJ462Bom
..... and decided under the hindu marriage act. it is, therefore, clear that the order in respect of interim alimony award under section 24 or permanent alimony ..... reduced to a level lower than a banker or a money-lender. 10. a useful reference can also be made to a similar situation available under the provisions of the hindu marriage act, 1955. section 24 of the said act provided for the maintenance pen-dente lite and the expenses of the proceedings. it is enacted that in any proceedings under the said ..... the court is empowered to award such maintenance pen-dente lite. similarly, section 25 of the said act provides for permanent alimony and maintenance. the orders under both these contingencies are executable. we may also refer at this stage to section 21 of the hindu marriage act, 1955 whereby the provisions of code of civil procedure, 1908 are made applicable to all the proceedings initiated ..... under section 25 of the said act can be executed as a decree of the court and by referring to the provisions of section 60 .....Tag this Judgment!
Court : Orissa
Decided on : Sep-22-1993
Reported in : 1993(II)OLR553
..... . appellant initiated a proceeding against opp. party in the court of subordinate judge, jagatsinghpur under sac. 13 of the hindu marriage act, 1955. in an application under sec 19 of the hindu marriage act, interim maintenance at the rate of rs. 300/- per month and litigation expenses of rs. 100/- was granted. on constitution of family court, the proceeding stood transferred to the said ..... court. prior to amendment, appeal was also maintainable against an order under chapter ix, cr pc.4. in order that an appeal against an order under section 24 of the hindu marriage act would he maintainable, it should not be an interlocutory order. it is to be established, no appeal ties against an order under section 24 of the ..... is interim in nature would not be interlocutory order. grant of interim maintenance or litigation expenses under section 24 of hindu marriage act is an interlocutory order. quantum determined in exercise of such power or direction to enforce the order under section 24 of hindu marriage act are interlocutory orders. such orders are amenable for reconsideration by the same court if moved and in case cogent ..... in giving right of appeal against order under chapter ix, crpc was removed by amending section 19. if order under section 24 of the hindu marriage act would not be an interlocutory order, appeal would be maintainable.5. term 'interlocutory order' has been used in section 115, cpc and section 397, cr pc taking away the revisional .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Apr-21-1993
Reported in : II(1993)DMC62
..... marriage between om pati and satbir cannot be held to be illegal marriage. there is no evidence on record to hold that the earlier marriage of satbir with krishna was a legal marriage.6. under the circumstances, in my opinion ..... because it is binding upon the parties. it has become apparent from the judgment dated 22-10-1986 that the marriage between om pati and satbir was considered to be legal and valid and that is why a decree of divorce under section 13 of the hindu marriage act, 1955 was passed. when there is a decree and judgment of the matrimonial court, the ..... matrimonial court regarding the legal marriage of om pati with satbir will have to be given due weight ..... there was no legal marriage between krishna and satbir. there is no evidence on the record to prove that the ceremonies of a hindu marriage as required under section 7 of the hindu marriage act were duly performed when the alleged marriage of satbir took place with krishna. under the circumstances, the status between the parties determined by the .....Tag this Judgment!