Court : Patna
Decided on : Feb-24-2005
..... 27/96, by which the learned 1st additional district judge, begusarai had rejected the defendant's (wife) petition under section 24 of the hindu marriage act, 1955 (hereinafter referred to as 'the act') for the sake of brevity).3. by the order under review this court had directed the plaintiffs- petitioner to pay rs. 2,000/- ..... the opposite party further submits that section 36 of the indian divorce act is not attracted in the instant case as the said act is for the christians, whereas parties to this revision are hindus and are governed by the hindu marriage act, 1955 in which no such limitation of 1/5th of the salary is prescribed ..... herself. learned counsel for the petitioner has tried to take help of the provisions of indian divorce act but it is clearly not applicable to the parties of this case who are governed by hindu marriage act in which there is no provision for such limitation.8. so far the claim of the petitioner ..... that section 24 of the act cannot have any retrospective effect is concerned it is also against the specific provision ..... monthly instalments. it is also to be considered that the cost of litigation is a heavy burden on a wife who is facing dissolution of marriage and has no source of income of her own and also that the said cost occurs every month at least once. hence this court on .....Tag this Judgment!
Court : Kerala
Decided on : Jul-07-2005
Reported in : AIR2006Ker26; I(2006)DMC155; 2005(4)KLT1
..... . champa kumari singhi, : 83itr720(sc) , whatever be the position before the amendment and codification of major branches of hindu law by the four statutes i.e. the hindu. marriage act, 1955, the hindu succession act, 1956, the hindu minority and guardianship act, 1956 and the hindu adoptions and maintenance act, 1956, the undisputed position is that even if the religions are different, what is common is that all those who ..... appeal, on which notice was issued on 23-11-1993. the said substantial question, so formulated, is as follows:(i) has section 16(1) of the hindu marriage act 1955 as amended by the marriage laws (amendment) act 1976 (central act 68 of 1976) got such a retrospective effect as to enable the plaintiff and defendants 5 to 8 to divest defendants 1 to 4 of the ..... part of that law in respect of any of the matters dealt with herein if this act had not been passed.the same provision is made in the other three aforesaid acts.22. the hindu marriage act, 1955, the hindu minority and guardianship act, 1956, the hindu adoptions and maintenance act, 1956 and the hindu succession act, 1956 constitute a law in a codified form for the hindus. section 2 of the .....Tag this Judgment!
Court : Rajasthan
Decided on : Jan-24-2005
Reported in : AIR2005Raj193; RLW2005(3)Raj1517; 2005(2)WLC137
..... from the respondent to live with a lady who cannot discharge matrimonial obligations because of her mental disorder. sub-clause (iii) of sub-section (1) of section 13 of the hindu marriage act, 1955 very clearly provides that the husband or wife may seek decree for divorce on the ground that other party has been incurably of unsound mind or has been suffering continuously ..... disorder or mere undeveloped mind of spouse is not the ground for granting decree for divorce to other. sub-clause (iii) of sub-section (1) of section 13 of the hindu marriage act, 1955 clearly provides that such disorder must be of such kind and extent that the petitioner cannot reasonably be expected to live with the respondent. according to learned counsel for the ..... 1982 cal. 138). it is also submitted that non-examination of the defendant herself cannot be a ground for passing decree for divorce under section 13(1)(iii) of the hindu marriage act, 1955. according to learned counsel for the appellant, even if any inference is drawn against the appellant then also it can be up to holding that defendant suffered or suffering from ..... present petition was filed after about more than six years. therefore, the divorce petition remained for consideration for grant of decree for divorce under section 13(1)(iii) of the hindu marriage act, 1955.7. issues were framed and plaintiff himself appeared in the witness-box and gave his statement and he was cross-examined by the defendant. the plaintiff in his evidence produced .....Tag this Judgment!
Court : Karnataka
Decided on : Jul-08-2005
Reported in : II(2005)DMC567; ILR2005KAR3293; 2005(5)KarLJ66
..... 'the act'] as amended by means of act no. 68 of 1976 along with the defendants. he pointed out that the words 'to the property of any person, other than the parents' referred ..... submitted that even if the marriage of the 1st plaintiff with the said kuruvathi basavarajappa is held to be void, the plaintiffs 2 and 3, who are born to her through the said kuruvathi basavarajappa, are entitled for a share in the property of kuruvathi basavarajappa in view of sub-section (3) of section 16 of the hindu marriage act, 1955 [hereinafter referred to as ..... a member of the 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 of section 16, the benefits ..... , has observed as follows:'33. from the principles enunciated in the various decisions discussed above, it is quite clear that 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 : Mumbai
Decided on : Feb-14-2005
Reported in : 2005CriLJ2057; I(2006)DMC203
..... is obvious that prima facie the alleged marriage of the respondent wife with the petitioner would not be legal ..... of atamaram and there is no evidence to show that the marriage between them has been dissolved by a decree of divorce obtained under section 13 of the hindu marriage act, 1955 from the competent court. there is no provision in the act enabling the parties to come to an agreement that the marriage should be dissolved out of the court, therefore, it ..... jurisdictions contemplated by section 25(1), hindu marriage act and of section 125, criminal procedure code are distinct and specified. it is not possible to assign different meaning to the word 'wife' for persons belonging to different religions or ..... whom she brings the action. while construing provisions of section 125, criminal procedure code it is not proper to introduce the concept arising out of the provisions of section 25(1), hindu marriage act. while section 25(1) is intended for parties who are hindus. section 125, criminal procedure code is secular in character and applies to persons belonging to all religions. the .....Tag this Judgment!
Court : Rajasthan
Decided on : Dec-03-2005
Reported in : RLW2006(2)Raj914; 2006WLC(Raj)UC436
..... . beatrice honor agatha goodall air 1938 bombay 12110. we have given our careful consideration to the rival contentions. the scheme of section 25 of the hindu marriage act, 1955 suggests that there is no room for recovery of any periodical sum paid under order passed under section 25. the power to vary, modify or rescind ..... be in respect of liability that becomes due in future.8. learned counsel for the petitioner urges that sub-section 3 of section 25 of the hindu marriage act, 1955 does not make any distinction between permanent alimony and decree of periodical maintenance. the power of the court to amend, vary, modify or cancel the ..... or such monthly or periodical sum for a term not exceeding the life of the applicant.5. sub-section (1) of section 25 of the hindu marriage act, 1955 envisages that if the court is satisfied that the party in whose favour an order has been made under this section has re-married or, ..... district judge, pali vide order under challenge. it is contended that one time gross amount decreed by way of permanent alimony cannot be withdrawn under the hindu marriage act, 1955 under sub-section (1) of which it is envisaged that at the time of passing any decree or at any time subsequent thereto, on an ..... absolute.17. the same view was followed by the learned judge of orissa high court in the case of arising under section 25 of the hindu marriage act. it was a case in which wife obtained a decree of divorce and she also obtained a decree for payment of gross sum by way .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Apr-12-2005
Reported in : AIR2006MP23; 2005(3)MPHT470; 2005(3)MPLJ564
..... additional district judge, morena, in civil suit no. 39-a/2002, whereby the court below has allowed an application filed by the respondent - wife under section 13(i) of the hindu marriage act, 1955 and granted divorce on the ground of cruelty.2. the brief facts of the case are that the respondent - wife filed a petition under section 13 of the ..... court. according to the counsel for the appellant the divorce petition was filed by the wife on 21 -8-2002 and according to him as per section 19 of the hindu marriage act prevailing on the date of filing of the divorce petition the morena court had no jurisdiction to decide the present case. as per section 19 an application for divorce can ..... apply to a decree or order in which the time for appealing has expired under the special marriage act or the hindu marriage act at the commencement of this act.' 12. from a bare reading of these provisions it is clear that by section 6, section 3 and section 5 of the amending ..... under :-'6. transitory provision.- all decrees and orders made by the court in any proceedings under the special marriage act or the hindu marriage act shall be governed under the provisions contained in section 3 or section 5, as the case may be, as if this act came into operation at the time of the institution of the suit: provided that nothing in this section shall .....Tag this Judgment!
Court : Himachal Pradesh
Decided on : May-25-2005
Reported in : I(2006)DMC144
..... provides that every petition under the act shall be presented in the local limits of the district court in whose jurisdiction either the marriage was solemnized or the respondent at the time of presentation of the petition resides ..... the differences makes sad reading. the husband filed the petition for divorce under section 13 of the hindu marriage act, 1955 in the court of the district judge, solan on 22nd march, 1991. it was alleged that the marriage had taken place in tehsil arki, district solan, h.p. the grounds of divorce were cruelty ..... marriage is a dead one since the parties have admittedly not lived together ever since the year 1989 and, therefore, the decree of divorce should not be set aside.12. the first question to be considered is whether the trial court had jurisdiction to decide the claim petition. section 19 of the hindu marriage act, 1955 ..... kaur v. balbir singh1995 (2) hlr 56; mrs. asha gupta @ anju gupta v. rajiv kumar gupta .34. under section 2 of the hindu marriage act a party who is a wrong-doer is not entitled to any relief. in view of the above discussion, i am of the considered opinion that ..... into account along with any other ground on which a divorce can be claimed and granted within the framework of section 13 of the hindu marriage act.(29) insofar as the case in hand is concerned, it is true that the parties are now living separately for the last about .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-17-2005
Reported in : (2005)107BOMLR1576
..... been dissolved by any decree of divorce obtained from a competent court as is required under the provisions of section 13 of the hindu marriage act, 1955. therefore, it fallows that the alleged marriage of vithoba with respondent kisnabai would be the nullity in the eye of law and the learned additional sessions judge was perfectly justified in setting aside the order passed by ..... contended that it is established fact on record that malanbai is first wife of vithoba and their marriage is still subsisting and, therefore, the alleged marriage of vithoba with respondent kisnabai would be void in view of the provisions of section 5(i) of the hindu marriage act. he, thus contended that no interference into the impugned judgment and order passed by the learned additional ..... law inconsistent with any provision of the act. such a marriage cannot also be said to be voidable by reference to section 12. so far ..... condition, therefore is null and void. the plea that the marriage should not be treated as void because such a marriage was earlier recognised in law and custom cannot be accepted. by reason of the overriding effect of the act as mentioned section 4, no aid can be taken of the earlier hindu law or any custom or usage as a part of that .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-25-2005
Reported in : 2005(3)MhLj137
..... fact has not been duly established. he contended that the husband had filed the petition claiming divorce under section 13 of the hindu marriage act, 1955 which was registered as hindu marriage petition no. 44/91 on the ground that the wife was suffering from mental disorder and this petition was dismissed on 21- ..... there is a decree of divorce passed by the competent court under section 13-a or 13-b of the hindu marriage act, 1955, it is not possible to accept that the marriage can be dissolved by entering into the consent deed and/or divorce deed. therefore, this is a case wherein it ..... consent deed and divorce deed without reading the contents thereof. moreso, because that before executing the aforesaid documents, the husband had filed the hindu marriage petition for divorce in the competent court which came to be dismissed on 21-6-1993. the compromise memo filed in criminal prosecution launched ..... the learned counsel for the parties. it is not in dispute that tejaswini is legally wedded wife of respondent no. 1 chandrakant shirsat and their marriage was solemnized in the year 1985. the couple is blessed with one son rahul, the petitioner no. 2. the learned magistrate granted maintenance @ ..... wife would not be having a right to claim, alimony from the husband after the date of execution of said agreement if that agreement has been acted on and appropriate provision for maintenance has been made.'9. similarly, in the case of gajanan pandurang solanke v. sheela gajanan solanke : 2005( .....Tag this Judgment!