Court : Mumbai
Decided on : Jul-07-2003
Reported in : AIR2004Bom283; 2004(1)ALLMR278; 2004(2)BomCR767; II(2004)DMC321; 2003(4)MhLj1019
..... the point of controversy under reference arose and was referred.petition no. c-39/2001 was filed by leelabai against appellant bhausaheb for maintenance under section 25 of hindu marriage act, 1955 (hereinafter referred as hm act for the sake of brevity). the same was decided on 30-11-2002 by principal judge, family court, aurangabad, who was pleased to allow the petition and ..... govindrao. as observed by the full bench, decision in the matter of govindrao concluding that even a party to a null and void marriage under section 11 of hindu marriage act, 1955, was entitled to maintenance under section 25 of the said act, was mainly based on the wording of that section, which in its first part gave discretion to the court to award maintenance at ..... used in this sub-section would have to be artificially cut down so as to exclude from its scope a decree for nullity passed under section 11 of the act.' it was further observed :-- 'secondly, it must be remembered that hindu marriage act, 1955, is apiece of social welfare legislation. one of the admitted aims of thislegislation was to better the lot of women in ..... 1979 m.lj. 693 and the question involved was:-- 'whether a hindu woman whose marriage was null and void undersection 11 of the hindu marriage act, 1955, by reason of contraventionof section 5(i) of the said act, viz. the person with whom she hadundergone a marriage had a wife living at the time of said marriage, wasentitled to claim maintenance under section 125 of the code of .....Tag this Judgment!
Court : Karnataka
Decided on : Sep-01-2003
Reported in : I(2004)DMC398; ILR2004KAR512; 2003(6)KarLJ323
..... the appeal. the appellant has also contended that the decision in pise is no longer good law in view of amendment to section 28 of the hindu marriage act, 1955 by act 60 of 1968.3. the learned single judge before whom the appeal came up for hearing, was of the view that mallappa's case, laid down the correct law ..... arises for consideration is whether an appeal from an order/decree of the civil judge, senior division, in a proceedings under sections 9, 10, 11, 12 and 13 of the hindu marriage act, 1955, lies to the high court or the district court.4. to decide the said question, a brief reference to the relevant provision of law is necessary.4.1 section 19 ..... the relevant enactments, the conflict between them is of no relevance to decide the matter with reference to section 28 read with section 3(b) of hindu marriage act, 1955 and section 19 of the karnataka civil courts act, 1964. hence, we find no need to refer any point of law to a full bench.14. we, therefore, dismiss this appeal filed under order 43 ..... of the division bench of this court in mallappa v. mallava, air 1960 mys. 292 (db), and section 19 of the civil courts act, an appeal against the order of the civil judge (senior division), passed under the hindu marriage act, 1955 would lie to the district court and not to the high court and the district court committed an error in ordering return of .....Tag this Judgment!
Court : Karnataka
Decided on : Aug-21-2003
Reported in : ILR2003KAR4431
..... proceedings were pending on the file of the family court, i.a. no. 5 was filed by the appellant herein under section 26 of the hindu marriage act, 1955 seeking custody of the ward. the family court, however, did not pass any order on the application either during pendency of the proceedings or at the ..... the high court both on facts and on law'.6. sub-section (2) of section 28 of the hindu marriage act, 1955 reads as follows:-'(2) order made by the court in any proceedings under this act under section 25 or section 26 shall, subject to the provisions of sub-section (3), be appealable if they ..... .'7. in our considered opinion, the provisions of sub-section (1) of section 19 of the family courts act, 1984 as well as the provisions of sub-section (2) of section 28 of the hindu marriage act, 1955, are plain, precise, unambiguous and clear in content and meaning, and they do not admit more than one ..... relating to the cause.20. further, it needs to be noticed that simply because an order made by the family court under section 26 of the hindu marriage act, in main proceedings, could be altered or modified subsequently at the behest of parties, only on that count, an order entrusting the custody of a ..... should be regarded as an 'interlocutory order', is based on the reasonings that the impugned order made by the family court under section 26 of the hindu marriage act, could not be regarded as a final order, in the sense that that order is liable to be altered, modified and even cancelled at the .....Tag this Judgment!
Court : Kerala
Decided on : Jul-17-2003
Reported in : AIR2003Ker363; I(2004)DMC667; 2003(3)KLT695
..... a augustine is valid one under the hindu marriage act. section 5 of the hindu marriage act provides conditions for a hindu marriage ..... .5.1955. in this case, admittedly the marriage was solemnised on 26.5.1955. plaintiffs claim that the marriage is to be recognised under the hindu marriage act. admittedly no marriage was solemnized under the special marriage act. we may examine as to whether marriage between the fourth defendant and many ..... fourth defendant had not converted as hindu after the marriage. there is no case for the parties that marriage was solemnised on the basis of the special marriage act. plaintiffs case all along was that though adichan nadar married christian lady by name mariya augustine parents continued to be governed by hindu mitakshara law and consequently they had constituted joint family. hindu marriage act, 1955 came into effect on 18 .....Tag this Judgment!
Court : Karnataka
Decided on : Jan-13-2003
Reported in : I(2003)DMC532; ILR2003KAR1638; 2003(2)KarLJ67
..... orderd.v. shylendra kumar, j.1. this is an application filed by the respondent-wife under section 24 of the hindu marriage act, 1955.2. the appellant and respondent were married in the year 1980 as per hindu customs and rites at chennai. it is not in dispute that they are living separately. the husband had filed m.c. no. 684 of 1993 praying for dissolution ..... medical expenses incurred by the claimant can form part of an application under section 24 of the hindu marriage act. the word 'support' has not been denned under the hindu marriage act. we will have to only look at the definition as given in the dictionary or as understood in general parlance. however, we can draw inspiration ..... of the present nature seeking for reimbursement of medical expenses incurred by a dependent spouse is definitely one which can be allowed in an application under section 24 of the hindu marriage act.12. accordingly, we hold that the application is tenable.13. insofar as the dispute relating to the justification for incurring expenses and the extent of such expenditure, the applicant has ..... , but the question is as to whether the wife can claim reimbursement of expenses incurred by her towards medical treatment from her husband.10. provisions of section 24 of the hindu marriage act provides for support to be given by the earning spouse in favour of non-earning spouse during the pendency of proceedings before the court. the question is as to whether .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Mar-07-2003
Reported in : 2003(6)ALD6
..... 239, the division bench of this court while dealing with section 16(1) as amended by the amending act, 1976 of the hindu marriage act, 1955 held as hereunder:'even prior to the advent of section 16 of the hindu marriage act, both as per the shastraic and textual law as well as the decisions of the highest courts, the ..... best is entitled to only 1/5th share and not more than that. the counsel also submitted that by virtue of section 16 of the hindu marriage act, 1955, such children also will become co-larceners and they are entitled to right by birth and the suit for partition in their absence is not maintainable ..... family and that he has status as a son and by virtue of that he is entitled to the right of survivorship. section 16 of the hindu marriage act has conferred on him the status of a legitimate son and his other pre-existing rights are, in no way, curtailed. after the 1976 amendment ..... j) must be confined to those children who are not clothed with legitimacy under section 16 of the hindu marriage act. in conclusion, it may be held that by virtue of section 16(1) of the hindu marriage act as amended in 1976, the illegitimate son can be equated with his natural sons and treated as coparceners ..... of section 16, the benefits of section 16 are enlarged and such benefits are also conferred on a son of a marriage which is void under the provisions of the hindu marriage act, whether a decree of nullity is passed or not, such a son becomes a legitimate son. such a child is also .....Tag this Judgment!
Court : Orissa
Decided on : Dec-23-2003
Reported in : I(2005)DMC262; 2004(I)OLR172
..... , cuttack has filed this appeal under section 19 of the family courts act, 1984 (in short 'the act 1984') challenging to the decree of divorce passed against her on the application under section 13(1) of the hindu marriage act, 1955 (in short 'the act 1955'). for the sake of convenience, appellant and the respondent, hereinafter are ..... referred to as the wife and husband respectively. 2. in his application under section 13 of the act 1955, read with section 7 of the act, 1984, the husband sought for a ..... for a decree of divorce. he would be entitled to the same if he proves the grounds of cruelty and desertion. the concept of hindu marriage remains unaltered notwithstanding the advancement in the society. it is a sacred tie with a religious obligation when a man and a woman enter into ..... in clauses (i-a) and (i-b) of sub-section (1) of section 13 of the act. 1955. 3. in her written statement, in vernacular, the wife except admitting to the factum of marriage has denied to the allegations of cruelty and desertion. she has pleaded that she was selected by the ..... decree of divorce on the assertion of facts that marriage between him and the wife was solemnised on 5.3.1991, they lead a .....Tag this Judgment!
Court : Delhi
Decided on : May-23-2003
Reported in : 107(2003)DLT195; II(2003)DMC723
..... respondent wife, meena kumari, sought divorce from the respondent man mohan vaid on the ground of cruelty and desertion under sections 13(1)(i-a) and (i-b) of the hindu marriage act, 1955 (hereinafter called 'the act' for short), and divorce decree was granted in her favor the appellant man mohan vaid seeks a declaration to the effect that no valid ..... , where it was ruled that 'the civil standard of proof of preponderance of probabilities, and not the criminal standard of proof beyond reasonable doubt, applies to matrimonial proceedings under the hindu marriage act and that it would be wrong to import criminal standard in trials of a purely civil nature'. in kanwal ram v. himachal pradesh administration, : 1966crilj472 and priya bala v. suresh ..... had deserted the respondent. period of two years had expired at the time when this petition was presented. thus, the learned trial court dissolved the marriage under section 13(1)(i-a) and (i-b) of the hindu marriage act, by granting a decree of divorce.6. feeling aggrieved by the aforesaid decree of divorce, the present appeal has been filed by the appellant ..... at the house of maternal uncle along with the respondent it is virtually a conduct which amounted to admission of marriage. this conduct cannot be ignored and, thereforee, for the purpose of hindu marriage act, it has to be held that there was a valid marriage between the appellant and the respondent. one could also not ignore the certificate issued by sindhi panchayat, malviya nagar .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Sep-19-2003
Reported in : 2004(3)ALD168; 2004(1)ALT450; I(2004)DMC467
..... with all vehemence had contended that inasmuch as the first wife is living, by virtue of section 5(1) of the hindu marriage act, 1955, hereinafter referred to as 'act' for the purpose of convenience, read with section 11 of the act, the second marriage is void and hence the finding of the appellate court that the second wife also is entitled to receive the benefits due ..... after the death of the father.'in rameskwari devi v. state of bihar, : (2000)illj1087sc , it was held:'under section 16 of the hindu marriage act, children of void marriage are legitimate. under the hindu succession act, 1956 property of a male hindu dying intestate devolve firstly on heirs in clause (1) which include widow and son. among the widow and son, they all get shares. the ..... is a member of the family and he has status as a son and by virtue of that he is entitled to the right of survivorship. section 16 of the hindu marriage act has conferred on him the status of a legitimate son and his other pre-existing rights are, in no way, curtailed. after the 1976 amendment of section 16, the benefits ..... kaur v. puran singh, 1996 (1) hlr 446). in rasala suryaprakasahrao v. rasala venkateswar rao, : air1992ap234 , the division bench held:'even prior to the advent of section 16 of the hindu marriage act, both as per the shastraic and textual law as well as the decisions of the highest courts, the illegitimate son of a sudra is entitled to enforce a partition after .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Mar-31-2003
Reported in : II(2003)DMC167; 2003(3)MPHT154
..... gohil, j. 1. appellant/wife has preferred this appeal under section 28 of the hindu marriage act, 1955 challenging the part of the judgment and decree dated 16-10-1999 rendered by ixth additional district judge, indore, in hindu marriage case no. 62 of 1998, whereby she was granted a decree of judicial separation instead ..... court for all practical purposes the marriage has broken down irretrievably and, therefore, deserves to be dissolved. 10. consequently, this appeal is partly allowed and marriage between the parties is dissolved by a decree of divorce under section 13(1)(i-a) of the hindu marriage act, 1955 on the ground of cruelty practised ..... then in the opinion of this court it constitutes serious act of cruelty and this itself is a sufficient ground to break down the marriage between the parties by a decree of divorce under section 13(1)(i-a) of the hindu marriage act. 8. the apex court in the case of shobha ..... ; and perused the pleadings and evidence on record. 4. sunita (p.w. 1) has stated in her examination-in-chief that after marriage they resided together up to 1-1-1997 and during this period the respondent/husband was making very serious allegations against her character and suspecting her ..... only for a day with the respondent/husband and on the first night she did not allow the respondent to cohabit and consume the marriage and also made serious allegations against the doubtful character of the appellant/wife and also made allegations of cruelty against the appellant. before .....Tag this Judgment!