Court : Supreme Court of India
Decided on : Apr-26-1996
Reported in : 1996IVAD(SC)333; AIR1996SC1963; 1996(2)BLJR971; II(1996)DMC82SC; JT1996(4)SC656; (1996)2MLJ82(SC); 1996(I)OLR(SC)598; 1996(4)SCALE131; (1996)4SCC76; Supp2SCR1
..... and prayers by the parties made before the altar of god. mr. k.p. saksena has reproduced the original sanskrit vows in his book 'commentaries on the hindu marriage act, 1955' from the 'vivah padathi' (marriage code according to laugakshi) complied and translated by pt. bindheswar nath razdan shastri, raj vaidya. the translated portion is given below :in the three mantras of ..... in order to decipher this question we have to have a peep into the background.35. before the enactment of the hindu marriage act, 1955 there existed general hindu law, based upon scriptures and shastras, including their exposition by scholars, which regulated marriages amongst hindus, there were different customs and usages prevalent in different parts of the country.36. in the malabar area ..... children born of such marriage would not be entitled to the benefit of statutory legitimacy or inheritance.9. it may be mentioned ..... null and void under section 11 of the hindu marriage act, 1955 and not to any other marriage. his contention further is that a marriage would be null and void under section 11 only if it is performed after the coming into force of the act and, therefore, all other marriages which were performed prior to the hindu marriage act, 1955, would not be covered by section 16 and .....Tag this Judgment!
Court : Mumbai
Decided on : Nov-28-1996
Reported in : I(1997)DMC338
..... proceedings. since the partnership has come to an end and dissolved and since the amount is lying in the bank idle, according to our opinion, under section 27 of the hindu marriage act, 1955, both parties must be allowed to withdraw the amount lying in the bank in the same proportion in which they have advanced amount towards the capital. in view of this ..... i.e. as to, whether respondent-husband treated his wife with cruelty as alleged by her and whether she is entitled for the divorce under section 13(1)(ia) of hindu marriage act, 1955. the trial court, after allowing parties to lead the evidence and after hearing both sides, held mat petitioner-wife failed to prove that respondent-husband was treating her with cruelty ..... admittedly, rs, 8 lakhs and rs. 4 lakhs were advanced respectively by the father of the petitioner and father of the respondent, under section 27 of the hindu marriage act, 1955, the amount lying in the said bank may be allowed to be withdrawn by respective parties in the ratio of the capital advanced by respective parties rs. 4,48,103. ..... 1993. by the aforesaid judgment and decree the family court dismissed the petition filed by the appellant-wife on the ground of cruelty under section 13(1)(ia) of the hindu marriage act, 1955 for divorce. few facts which are material to dispose of this appeal are as under :2. on 9th june 1990 the appellant and respondent got married by .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Oct-08-1996
Reported in : AIR1997SC35; II(1996)DMC579SC; JT1996(9)SC218; (1997)2MLJ4(SC); 1996(7)SCALE484; (1997)11SCC159; Supp7SCR268; 1996(2)LC746(SC)
..... decree granting divorce under section 13(1)(i-b) whether ex parte or bipartite is a decree which is appealable under section 28 of the hindu marriage act, 1955. consequently, the order of the trial court refusing to set aside such an ex parte decree and rejecting the application under order ix rule 13 ..... court of the learned civil judge, gadag in karnataka state. the said application was moved by basappa under section 13(1)(i-b) of the hindu marriage act, 1955. the said divorce petition came to be decreed ex parte against the respondent on 15.12.1989. it is the case of the appellant, mother ..... legal heirs of deceased spouse who are interested in getting such a decree maintained can be joined as necessary parties. section 13(1) of the hindu marriage act can obviously come in the way of such proceedings being maintained against the legal heirs of the decree-holder spouse. a mere look at the ..... get such a decree set aside on legally permissible grounds. consequently, it may be held that once the petition under section 13 of the hindu marriage act results into any decree of divorce either ex parte or bipartite then the concerned aggrieved spouse who suffers from such pernicious legal effects can legitimately ..... passed then persons who are non-spouses will have to be joined in the litigation and this would go counter to section 13 of the hindu marriage act. this difficulty is more imaginary than real. once a divorce decree is passed, the stage of launching any petition under section 13(1) does .....Tag this Judgment!
Court : Delhi
Decided on : Oct-11-1996
Reported in : 1997IAD(Delhi)37; AIR1997Delhi94; 65(1997)DLT1037; II(1996)DMC389; 1997(40)DRJ68
..... district judge in h.m. a. petition no. 393/95 instituted by wife under section 12(l)(c) of the hindu marriage act, 1955 (for short 'the act') for annulment of her marriage with the appellant by a decree of nullity. by the impugned order, the marriage between the parties has been annulled on the grounds that the consent of the respondent was obtained by fraud as ..... . thereforee, firstly the meaning of the word 'fraud' as used in said section 12 of the hindu marriage act has to be settled. this word has neither been defined in the hindumarriage act, 1955 nor in the general clauses act, 1897. it has, no doubt, been defined in the indian contract act but it is to be seen whether the definition given to this word in that ..... act would be applicable while interpreting section 12 of the hindu marriage act. this question came up for consideration before a division bench ..... be false in material particulars.30. in view of above discussion i find that the facts of this case are covered by the provisions of section 12 of the hindu marriage act and the marriage has rightly been annulled by the lower court.31. learned counsel for the appellantalso contended that after the alleged misrepresentations were allegedly known to the respondent she stayed with .....Tag this Judgment!
Court : Mumbai
Decided on : Jun-03-1996
Reported in : AIR1996Bom380; 1996(4)BomCR476; II(1996)DMC564; 1996(2)MhLj639
..... we come to the conclusion that they have not cohabited together, then the appellant will be entitled to the decree of divorce under s. 13(1-a)(i) of the hindu marriage act, 1955. in this matter, apart from the petition and the reply in the deposition, the appellant has specifically stated that there was no cohabitation between him and the respondent from 17 ..... the aforesaid decree passed by this high court, the appellant preferred the present petition being p. a. no. 641 / 1992 for divorce under s. 13(1-a)(i) of the hindu marriage act, 1955. in this petition, the appellant contended that after the passing of the decree for judicial separation there was no cohabitation between the appellant and the respondent and, therefore, the appellant ..... of the appellant that he suffered mental cruelty at the behest of the respondent, due to which he became entitled to get divorce under s. 13(1-a) of the hindu marriage act, 1955. the appellant, therefore, filed appeal for divorce on 20th december, 1990 against the respondent-wife for divorce, more particularly, on the grounds of desertion and cruelty. the trial court, after ..... of the respondent till the decree of divorce is obtained. what is contemplated under s. 13(1-a)(i) of the hindu marriage act, 1955 is that after the passing of the decree of judicial separation, they (i. e. the parties to the marriage) have not cohabited together. according to our opinion, merely because on few occasions, the parties (i. e. the appellant and the .....Tag this Judgment!
Court : Chennai
Decided on : Nov-01-1996
Reported in : AIR1997Mad135; 1996(2)CTC620; I(1997)DMC285
..... husbandagainst the dismissal of this h.m.o.p.1007 of 1988 on the file of principal family court, madras, under section 12 of the hindu marriage act, 1955 praying for a decree of nullity by annulling the marriage solemnised between the appellant and the respondent on 8-3-1987 at madras is the appellant in the above appeal before this court.2. the case ..... question in rather elaborate detail and at paragraph 12 the learned judge said :'it would thus be seen that the word 'fraud' used in s. 12(1)(c) of the hindu marriage act does not speak of fraud in any general way, nor does it mean every misrepresentation or concealment which may be fraudulent. if the consent given by the parties in a ..... cannot be taken to mean the same as what is indicated by the definition of that term in s. 17 of the indian contract act. the relevant part of s. 12 of the hindu marriage act reads:'any marriage solemnized..... shall bevoidable and may be annulled by a decree of nullity on any of the following grounds, namely -- xxx xxx xxx(c) that the consent ..... oral evidence of r.w. i herself where she ably speaks before court about her mental condition.'16. the term 'fraud' is not defined in the hindu marriage act. in the absence of any definition in the relevant act 'fraud' cannot be deemed to mean the same as what is mentioned by the definition of that term in section 17 of the indian contract .....Tag this Judgment!
Court : Chennai
Decided on : Dec-19-1996
Reported in : I(1998)DMC210; (1997)IIMLJ370
..... of the husband must necessarily afford a reasonable cause for desertion.' 14. in rajinder kumar v. padma prakash, , it is held thus :'when the hindu marriage act, 1955 was brought on the statute book, the ground of desertion was not available for a decree of divorce. it could only be available for a decree ..... .p. 1 of 1988. though in the petition it is mentioned as under section 13 of the hindu marriage act, actually the relief is sought for under sections 13(1)(ia) and (ib) of the hindu marriage act, 1955. the case of the husband as seen from the petition is narrated hereunder :both the appellant and ..... the respondent got married on 6.7.1969 at madras. the marriage was an arranged one. even during the initial few days after the marriage the petitioner (husband) was shocked ..... the welfare and interest of the two minor female children, instead of relief of divorce, granted a decree for judicial separation under section 13a of the hindu marriage act. the said order is being challenged by the wife in the present appeal.5. we have heard mr. r. sundar rajan, learned counsel appearing ..... the husband has filed o.p. no. 450 of 1982 before the city civil court, madras for grant of divorce under section 13 of the hindu marriage act on the ground of desertion as well as cruelty. after the formation of the family court, the said o.p. has been transferred to the .....Tag this Judgment!
Court : Himachal Pradesh
Decided on : Dec-27-1996
Reported in : AIR1998HP32
..... marriage between the parties was solemnised on 30-11-1992 at village katohar kalan, tehsil amb, district una and the parties lived together up to ..... failed, then the parties at one stage had agreed for settling the matter mutually and seek dissolution of their marriage by mutual divorce under section 13-b of the hindu marriage act, 1955 as well as for converting the present proceedings under the said provisions of the act. however, and getting number of opportunities the attitude of the husband was not reasonable so the matter could ..... to do so, therefore, it was held that he is impotent within the meaning of section 12(1)(a) of the hindu marriage act, 1955.10. in case gudivada venkateswararao v. smt. gudivada nagamani, air 1962 andh pra 151, it has been held that marriage may be avoided or dissolved on the ground of impotence, if it is established that at the lime of the ..... against the respondent (hereinafter referred to as the husband) for annulment of her marriage by a decree of nullity on the ground that the marriage between the parties has not been consummated, owing to the impotence of the husband as per section 12(1)(a) of the hindu marriage act, 1955 (hereinafter referred to as the act).2. facts which are not in dispute are that the .....Tag this Judgment!
Court : Orissa
Decided on : Aug-23-1996
Reported in : AIR1997Ori47
..... t.s. no. 92 of 1990 in the court of sub-judge, rourkela (now civil judge, sr. divn.) seeking a decree of divorce under section 13 of hindu marriage act, 1955 (in short, the 'act') on the ground of desertion. subsequently, the suit was transferred to the court of learned judge, family court, cuttack on the basis of order passed in m jc ..... preservation and protection. thus, it came to be accepted that marriage could be dissolved only in those cases where a party to the marriage by his act fundamentally undermined the marriage. these aspects were highlighted by mr. peras dawan, an eminant writer in an article named as 'divorce structure of the hindu marriage act, 1955 and special marriage act, 1954'.6. a danish proverb says that a deaf husband ..... and a blind wife are always a happy couple. montaigne had in a lighter vein written that 'marriage is like a cage; one sees the birds outside desperate to get in, and, those ..... justice khanna in a speech delivered in the inaugural seminar on the 'hindu marriage act and special marriage act' on 21-2-1975.5. wedded as it was to the doctrine of indissolubility of marriage (marriage being a sacramental union was an inviolable and immutable union thus even death did not dissolve the marriage), the dharmashastra did not recognise divorce, and any attempt to deduce from .....Tag this Judgment!
Court : Chennai
Decided on : Oct-29-1996
Reported in : I(1997)DMC415
..... for litigation expenses.2. the respondent herein filed h.m.o.p. no. 19 of 1995 for divorce under section 13(1) of the hindu marriage act, 1955. pending final disposal of the main o.p., the respondent herein filed i.a. no. 114 of 1995 claiming interim maintenance for herself and ..... the legal aspect of the matter, it is beneficial to look into the two important provisions of the hindu marriage act, 1955 with which we are presently concerned in this lis. section 24 of the hindu marriage act reads thus :'chapter 19 section 24. maintenance pendente lite and expenses of proceedings-where in any proceeding under ..... as to whether the order of the court granting maintenance to the children of the respondent is legally sustainable. section 24 of the hindu marriage act empowers the court to grant maintenance pendente lite and expenses of proceedings to either the wife or the husband, as the case may be ..... the bombay high court (mehta, j). in this case, the bombay high court considered the scope of sections 24 and 26 of the hindu marriage act. the court held that on a reading of section 24, it becomes evident that section makes provision for granting maintenance pendente lite to a ..... n. vanchinathan, learned counsel for the petitioner, that the award of maintenance pendente lite to the daughter is contrary to the provisions of the hindu marriage act and therefore, the order of the subordinate court is vitiated by material irregular) ties in the exercise of its jurisdiction. he denied the allegation .....Tag this Judgment!