Court : Andhra Pradesh
Decided on : Jul-27-1998
Reported in : 1998(5)ALD465; 1998(5)ALT152; I(2000)DMC266
..... . it is not in dispute that the parties to the proceedings arc hindus and they are being governed by their personal laws. the hindu marriage act, 1955, the hindu adoption and maintenance act, 1956. the hindu minority and guardianship act, 1956 and the the hindu succession act, 1956 are package of enactments being part of socio-legal scheme applicable to hindus. in view of the divergent schools governing the personal ..... annulled by a decree of nullity under section 11 or passing a decree of a kind envisaged under sections 9 - 14 of the hindu marriage act, and therefore, it allows that the hindu marriage act, 1955 recognizes notwithstanding the fact that the marriage is null and void, that the wife has the status atleast for limited purpose of applying for alimony and maintenance. this statutory intention, according to ..... a legally wedded wife of the appellant.11. for appreciating the status of a hindu woman marrying a hindu male having a spouse living, some of the provisions of the hindu marriage act, 1955 have to be examined. section 5 of the act lays down conditions for a hindu marriage solemnized after the commencement of the act. clause (i) of that section lays down the necessary condition that 'neither party .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-17-1998
Reported in : 1999(5)BomCR851; I(1999)DMC168
..... . the view that we are taking may be against the wife but it is not as if the wife is without any remedy. section 25 of the hindu marriage act, 1955 empowers the court exercising jurisdiction under the hindu marriage act, at the time of passing of the decree or at any time subsequent thereto, to direct the spouse that he shall pay maintenance to the applicant ..... decision of the gujarat high court in patel dharamshi premji v. bai sakar kanji, a.i.r. 1986 guj. 150 where it was held that under section 25 of the hindu marriage act, 1955 permanent alimony can be granted even to an erring wife and the mere fact that the wife did not comply with the decree for restitution of conjugal rights and that ..... to the husband. no application for maintenance or permanent alimony was preferred by the wife had, hence, there was no occasion for making an order under section 25 of the hindu marriage act, 1955. though the wife had failed earlier in her application under section 125 in both the courts, she filed a fresh application in the year 1982 after the husband had obtained ..... a wife against whom a decree for judicial separation is passed, but a wife who has deserted her husband within the meaning of the explanation tosection 10(1) of the hindu marriage act, 1955, as discussed above,is not entitled to apply under section 125 of criminal procedurecode, 1973'.we are in respectful agreement with the view expressed by the division bench in sharadchandra .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-25-1998
Reported in : AIR1999Bom127; 1999(2)ALLMR103; 1999(1)BomCR626; II(1999)DMC221; 1999(1)MhLj388
..... denied maintenance pendente lite under section 24 of the hindu marriage act, 1955 only on the ground that her marriage with her husband is the second marriage during the subsistence of the first marriage and the same is void under section 11 read with section 5(i) of the hindu marriage act and whether such a wife is also disentitled from ..... in law.4. as the arguments in this petition turn, to a large extent, on some of the provisions of the hindu marriage act, which came into force on 18th may, 1955, it may not be out of place to take notice of the same at this stage. section 5 of the ..... and is not of any assistance in deciding the question as to the right of the second wife to claim interim alimony under the hindu marriage act or hindu adoption and maintenance act.16. in view of the foregoing discussion, the review petition is dismissed. the petitioner is directed to pay costs of this petition quantified ..... it to order the husband to pay maintenance to the wife. kania, j., expressly rejected the contention advanced before him that section 25 of the hindu marriage act, merely provided a remedy and did not confer any right. it was held therein that the power which has been conferred upon the court to ..... act lays down the conditions of a valid hindu marriage and one of the conditions is that it should be a marriage between two hindus where neither party has a spouse living at the time of marriage .....Tag this Judgment!
Court : Allahabad
Decided on : Mar-11-1998
Reported in : 1998(2)AWC1531; II(1998)DMC664
..... : (1) cruelly, and (2) desertion, open to the petitioner under clause (ia) and clause (ib) respectively of section 13(1) of the hindu marriage act, 1955. both the parties filed certain documents, namely, a notice alleged to have been given by the appellant to the respondent on 10th november, 1981 through the ..... her mother was ailing and thereafter the petitioner never took her back. explanation to section 13(1) of the hindu marriage act, 1955 provides that the expression 'desertion' in sub-section (1) of section 13 means the desertion of thepetitioner by the other party to the ..... kohli v. smt. anita, under section 13 of the hindu marriage act, 1955, dismissing his petition for divorce.2. admittedly the parties were married on 11th may, 1981 as per hindu customs and rites at barellly. the plaintiff-appellant's grievances are that after the marriage, the respondent stayed with the appellant for a very ..... ), the facts are also different, as rightly urged by the learned counsel for the respondent, a joint petition under section 13b(2) of the hindu marriage act had been filed by the parties. in this case, the husband who was a doctor had offered payment of rs. 4 to 5 lakhs towards ..... for more than two years without any sufficient cause. on the allegations of her cruelty and desertion, the appellant filed the marriage petition under section 13 of the hindu marriage act for a decree of divorce.3. the respondent wife smt. anita, resisted the petition, alleged that the allegations of cruelty and .....Tag this Judgment!
Court : Allahabad
Decided on : Aug-05-1998
Reported in : 1998(4)AWC29
..... for reconciliation.9. the question was/is whether in the facts and circumstances of this case, the allegation levelled by the husband amounts to cruelty?10. under section 13 of hindu marriage act, 1955 divorce can be granted if the husband or wife has treated the other party with cruelty.learned counsel for both sides have cited case laws but we need not refer ..... .1997 passed by the learned chief judge, family court, kanpur nagar, in divorce petition no. 554 of 1995 allowing the application of the husband filed under section 13 of the hindu marriage act, 1955, for grant of decree of divorce on the basis of cruelty.2. the relevant facts are in a narrow compass :the respondent-husband asserted to the effect that he and ..... the appellant herein are hindu by caste and are governed by the provisions of hindu marriage act, 1955 : the unfortunate marriage was solemnized on 2.12.1986 at kanpur nagar according to hindu rites and ceremonies which was dowrytess ; he brought home his wife at 18/239-a, kursawan, kanpur nagar, but ..... is retaining illegally and she is entitled to get back all her stridhan from him ; and the petition in which there is no specific ingredient of section 13 of the hindu marriage act is liable to be dismissed with costs. a replica was also filed by the husband against the written statement denying the counter allegations made by the wife. attempts were made .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Feb-02-1998
Reported in : 1998(2)ALD716; 1998(1)ALT558; II(1998)DMC187
..... court in o.p.no.121 of 1994 suffer from infirmity.17. having regard to the above discussion and in the light of the provisionscontemplated under section 23 of the hindu marriage act, 1955 the order and decree of the lower court passed in o.p.no.121 of 1994 cannot sustain and we accordingly set aside the same. consequently, o.p.no.121 ..... any proceedings under this act, whether defended or not, if the court is satisfied that- (a) any of the grounds for granting relief exists and the petitioner (except ..... sole testimony of the husband, has granted the decree of divorce giving a go-bye to the satisfying requirement as visualised under section 23 of the hindu marriage act, 1955.16. we do not appreciate the reasoning given by the lower court for dissolving the marriage between the parties, in the background of the non-fulfillment of the requirement contemplated under section 23 of the ..... expected to satisfy itself whether the party seeking dissolution of the marriage on various grounds, even if uncontested by the other side, has placed sufficient evidence before it to grant a decree of divorce. in this context, it is quite essential to advert to the provisions of section 23 of the hindu marriage act, 1955 which stipulate as under:23. decree in proceedings :--(1) in .....Tag this Judgment!
Court : Guwahati
Decided on : Aug-28-1998
..... v. state of maharashtra). in paragraph 17 of the aforesaid judgment, the bombay high court dealt with the provisions of section 23(2) of the hindu marriage act, 1955 and held as follows :-17. section 23(2) of the hindu marriage act, 1955 casts on the court the duty, in the first instance, in matrimonial cases, where it may appear that there may be chance of saving the ..... minor daughter are now living peacefully for the last two years without any disharmony amongst them, it will be contrary to the principles underlined in section 23(2) of the hindu marriage act, 1955 to refuse the prayer. i, therefore, decide to accept the composition with the reservation that instead of recording acquittal, in view of the compromise, the operation of the impugned ..... marriage, to make every endeavour to bring about a reconciliation between the parties. both from the personal and social point of view, stability of marriage has certain value. the duty is ..... situation resulting in the resolution of the conflict between the parties and eventual restoration of the conjugal home to enjoy the ardour and love of partners in life. an ideal marriage is one where-each suck,ed into eachon the new stream rollswhatever rocks obstruct.7. the bombay high court for the reasons quoted above allowed the petition accepting the composition .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Apr-20-1998
Reported in : 1998(4)ALD143; 1998(4)ALT1; II(1998)DMC438
..... dated 25-3-1994.2. the appellant/husband had filed the said op on the file of the court of subordinate judge, rajahmundry under section 13 of the hindu marriage act, 1955 seeking to dissolve the marriage between the parties on the ground that the wife had withdrawn from the society of the husband without reasonable grounds. before the lower court it was alleged by ..... deposition placed before us failed to disclose that the husband has proved the two facets of the requirement contemplated under section 13(1)(ib) of the hindu marriage act.7. under section 13(1)(a) of the hindu marriage act, the law requires that even if the matter is uncontested by the other party, there must be such material before the court on which basis, the ..... .a2. learned counsel further contended that the wife has been staying away from the society of the husband for several years though their marriage was performed in the year 1991. as required under section 13(1)(ib) of the hindu marriage act with regard to seeking divorce on the ground of desertion, if two years period of separation preceding filing of the application is ..... the lower court.6. when desertion is pleaded as a ground for divorce under section 13(1)(ib) of the hindu marriage act, the party who seeks dissolution has to necessarily satisfy the two ingredients contemplated under section 13(1)(ib) of the act, that is to say, the petitioner has to first of all satisfy that the wife has left his society for .....Tag this Judgment!
Court : Chennai
Decided on : Feb-23-1998
Reported in : (1998)IIMLJ406
..... home. hence, he has filed hmop no. 16 of 1992 for restitution of conjugal rights under section 9 of the hindu marriage act, 1955. as a counter blast, the respondent filed o.s. no. 1297 of 1995 for declaration that her marriage with the petitioner is void.4. the defence was that the attempt of the petitioner was only to harass and humiliate ..... revision petitions.7. the learned counsel for the petitioner mr. n. jothi, after taking through the pleadings submitted that according to the respondent, there was no consummation of the marriage and from the beginning there was no cordial relationship existed between the petitioner and the respondent. the learned counsel contended as per order 11, rule 4 of civil procedure code, his client ..... respondent are preventing the respondent from joining him. they have caused intimidation and unnecessary harassment. in the petition for restitution of conjugal rights, the petitioner has alleged that after the marriage, they were living together at devar colony, 1st cross thillainagar, trichy-18 till 10-1-1992. it is the respondents 2 and 3 who took away the first respondent ..... special bench of the orissa high court held that when there are accusations and counter accusations of impotency, some corroborative evidence to support the statement to the effect that the marriage was not consummated was necessary. in such cases medical evidence should be valuable. the learned judge relied on the full bench judgment of this court reported in balavendran v. .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-06-1998
Reported in : 1998(3)ALLMR579; 1998(5)BomCR360; I(1999)DMC434
..... a-503 of 1993. the petition was filed by sou. lalita jawahar shah against her husband shri jawahar ramanlal shah under section 9 of the hindu marriage act, 1955, for restitution of conjugal rights. the husband jawahar ramanlal shah prayed for divorce by filing a counter claim on the ground of cruelty and desertion ..... just and proper orders.' he deleted this prayer and substituted it by a new prayer to the effect that it may be decreed that the marriage between the petitioner and the respondent stands dissolved. we have already narrated under what circumstances the amendment was carried out. the prayer for divorce ..... he gets approximately rs. 500/- to rs. 700/- per month by way of commission.7. the petitioner examined herself. she stated that after marriage she started residing with respondent at lonand. they had one daughter by name sheetal and a son by name tejas. after some days they came to ..... by amendment he deleted the above prayer (a) and substituted the following prayer (a) in its place :'(a) it may be decreed that the marriage between the petitioner and respondent which had taken place on 29-4-1980, stands dissolved.' (b) the petitioner filed her additional written statement and denied ..... petition came to be filed are as under :(a) admittedly the marriage between lalita shah and jawahar shah took place on 29th april, 1980, according to hindu vedic rites. it is the case of the petitioner that after the marriage she started residing with the respondent at lonand. the couple has two .....Tag this Judgment!