Court : Supreme Court of India
Decided on : Sep-01-2009
Reported in : 2009AIRSCW5899; AIR2010SC229; 2010(1)ALT29(SC); 2009(4)AWC3635; JT2009(14)SC139; (2009)8MLJ405(SC); 2010(1)MPHT387(SC); (2010)157PLR248; 2009(12)SCALE115; (2009)10SCC415; 2009(9)LC4071(SC)
..... appeal is, therefore, allowed. the impugned judgment and order of the high court is set aside and the petition for grant of mutual divorce under section 13b of the hindu marriage act, 1955, is accepted. there will be a decree of divorce on the basis of the joint petition filed by the parties before the second additional district judge, chhindwara, under section ..... not agreeable to a mutual divorce. in ordinary circumstances, the petitioner's remedy would lie in filing a separate petition before the family court under section 13 of the hindu marriage act, 1955, on the grounds available, but in the present case there are certain admitted facts which attract the provisions of section 13b thereof. one of the grounds available under section ..... second proposition is that although the supreme court can, in exercise of its extraordinary powers under article 142 of the constitution, convert a proceeding under section 13 of the hindu marriage act, 1955, into one under section 13b and pass a decree for mutual divorce, without waiting for the statutory period of six months, none of the other courts can exercise such ..... suit. during the pendency of the transfer petition before this court, the parties settled their disputes, and, although, the petition involved a proceeding under section 13 of the hindu marriage act, 1955, keeping in mind the settlement arrived at between the parties and also the interest of the parties, this court granted a decree of divorce by treating the pending application as .....Tag this Judgment!
Court : Jharkhand
Decided on : Jul-27-2009
Reported in : 2009(57)BLJR2699
..... reason for doing so, though, as a matter of fact he (petitioner) should have preferred a petition under section 11 of the hindu marriage act, 1955 for declaration of their marriage void ab initio. the law as contained in section 125(4) of cr.p.c. as quoted below gives a guide line which ..... may be, vary the same accordingly. 5. the petitioner appearing in person admitted that he had filed a petition under section 9 of the hindu marriage act, 1955 before principal subordinate judge, vishakhapatnam vide o.p. no. 107 of 1988 on 5.10.1999 for restitution of conjugal rights and the respondent-opposite ..... 625 of 1995 holding that the opposite party herein was entitled to maintenance under sections 24/25 of the hindu marriage act.10. admittedly, no order was passed under sections 24/25 of the hindu marriage act, 1955 as not being agitated by the opposite party in the divorce suit brought about under section 13(1)(i)( ..... 1995 before the judge, family court at visakhapatnam under section 13(1)(i)(b) of the hindu marriage act, 1955 seeking decree of divorce and the same was decreed on 8.2.1996 and thereby, the marriage between the petitioner and opposite party herein was dissolved. the argument advanced by the petitioner in person ..... in explicit words that the petitioner had to pay maintenance as per provision of law under sections 24/25 of the hindu marriage act, 1955 but the respondent-wife did not prefer any petition under the she said provisions for interim maintenance or otherwise and that she .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-21-2009
Reported in : 2009(111)BomLR832
..... , it has been expressly mentioned that nothing contained in hindu marriage act shall be deemed to affect the provisions contained in special marriage act, 1954 with respect to the marriages between hindus solemnized under that act. it is therefore, apparent that in so far as the marriages between hindus solemnized under special marriage act are concerned, the provisions of hindu marriage act, 1955 cannot be taken recourse to, to do something which is ..... not provided for in special marriage act. the special marriage act does not permit divorce by mutual ..... specific provisions therefore clearly show that the legislature has taken care of situation and extent to which such marriage will affect or save the personal law and right of parties.8. in this background, when hindu marriage act 1955, is looked into, its section 4 gives overriding effect to it, but then the same is subject to stipulations otherwise expressly provided in it. this text .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-18-2009
Reported in : 2009(111)BomLR3535
..... between the parties and therefore, petition no. a-978 of 2002 was moved by the husband to seek a decree of restitution of conjugal rights under section 9 of the hindu marriage act, 1955. the said petition was opposed by the wife. the following issues were framed by the family court and answered accordingly in the impugned judgment:issues findings1) does the petitioner proves ..... as ancillary or incidental to such affectation or disruption. the wifes 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.11. in the case b.p. achala anand ..... v. s. appi reddy and anr. : air 2005 sc 986, a three judge bench held that section 18 of the hindu adoptions and maintenance act confers a right on a wife to ..... contrast, her claim for maintenance pendente lite is durated (sic) on the pendency of a litigation of the kind envisaged under sections 9 - 14 of the hindu marriage act, and her claim to permanent maintenance or alimony is based on the supposition that either her marital status has been strained or affected by passing a decree for restitution of .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-17-2009
Reported in : AIR2009Bom151; 2009(111)BomLR3459
..... section 19 of the family courts act read with section 23 of the hindu marriage act, 1955 ('the act' for short) arises from the judgment and order dated 10/12/2003 rendered by the family court at pune thereby dissolving the marriage between the parties under section 13(1a) of the act by allowing petition no. a- ..... 345 of 2001 filed by the respondent - husband.2. the parties were married on 13/12/1980 as per the hindu ..... 3/1999 in petition a-574/1995?in the affirmative2. whether petitioner husband is entitled to get decree of divorce under section 13(1a) of hindu marriage act? in the affirmative. petition stands decreed as prayed for.issues in petition no. c-28/20021. whether there is change in the circumstances ..... correct and the courts below have recorded a finding to the same effect. in such circumstances, the provisions contained under section 23 of the hindu marriage act would be attracted and the appellant would not be allowed to take advantage of his own wrong. let the things be not misunderstood nor any ..... sanjay bhikan gujar and mrs. kanchan sanjay gujar stands dissolved by a decree of divorce under section 13(1a) of the hindu marriage act w.e.f. the date of this order.2. petition no. c-28/2002 stands decreed partly. the respondent husband .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-18-2009
Reported in : 2009(3)BomCR798; 2009(111)BomLR1586
..... divorce-deed was executed between her and rajendrakumar gilda who was her first husband and after dissolution of their marriage, she remarried the present appellant virendrakumar and as such her marriage with virendrakumar is not void as per section 5(i) of the hindu marriage act, 1955. she also argued that the custom or divorce deed are not duly proved and hence the suit of the ..... appellant ought to have been decreed.7. in r.c.s.no. 57 of 2004 virendrakumar in para 4 has specifically stated that his marriage with respondent preeta had taken place on 17.1 ..... of conjugal rights.16. once it is held that divorce between respondent preeta with rajendrakumar gilda as per custom is not proved, the marriage of the appellant and the respondent would be void under section 5(i) of the hindu marriage act. so petition for restitution of conjugal rights has to be rejected.17. the parties are fighting litigation from 2001 as can be ..... , j.1. this is an appeal preferred by the husband against whom hindu marriage petition (h.m.p.) no. 79 of 2001 was filed by respondent wife preeta for restitution of conjugal rights. the appellant husband filed regular civil suit (r.c.s.) no. 57 of 2004 for declaration that marriage between parties is null and void and for perpetual injunction restraining present .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-21-2009
Reported in : 2009(111)BomLR3974
..... dealing with proceedings in which declaration was sought that the marriage of the appellant balwinder kaur with gurkukh singh respondent was nullity under section 11 of the hindu marriage act, 1955 as it was in contravention of section 5(i) of the said act as she performed second marriage with the respondent during subsistence of her first marriage with one jaswinder singh. in paragraph 12, in view of ..... controversy, it was held that to prove a valid marriage under hindu law, it has to be established that the ..... of malti in triplicate, enclosing death certificate of his first wife and also certificate of his marriage with respondent malti, clearly prove his marriage with respondent malti. as per section 8 of the hindu marriage act, the registration of marriage is provided for the purpose of facilitating the proof of hindu marriages. in fact, section 8(1) begins with the words 'for the purpose of facilitating the proof .....Tag this Judgment!
Court : Patna
Decided on : Sep-17-2009
Reported in : 2010(58)BLJR195
..... the learned principal judge, family court, patna, dismissing the suit for divorce filed under section 13 of the hindu marriage act, 1955 (hereinafter referred to as 'the act')the appeal under section 19 of the family courts act lies before this court and is to be heard on facts as well as on law. for the sake ..... theory found under section 13 of the hindu marriage act, or the break-down theory, which is the case in hand. their lordships have held that there could not be any comprehensive definition of ..... judge bench of the apex court has explained in detail the concept of mental cruelty as envisaged under the provisions of section 13 of the hindu marriage act. their lordships while examining the issue have held that a petition of divorce is either based on a fault theory also known as matrimonial offence ..... apex court and a number of authoritative pronouncements were made in the backdrop of circumstances where the grounds set out in section 13 of the hindu marriage act could not be satisfied by the person claiming divorce. the apex court has taken a view that in the circumstances where there was no ..... defendant no. 1 is willing to cohabit with the petitioner, nor she is willing for any form of settlement.14. section 13 of the hindu marriage act sets out the grounds and circumstances under which either of the parties may obtain a decree of divorce. amongst all forms of litigation, a petition .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-11-2009
Reported in : 2009(4)LHSC2281; 2009AIRSCW4267; AIR2009SC2840; 2009(4)ALT33(SC); 2009(4)AWC3467(SC); 2010(1)BomCR556; JT2009(8)SC146; (2009)5MLJ1203(SC); 2009(II)OLR(SC)121; (2009)155PLR473; RLW2009(4)SC3070; 2009(7)SCAL:2009AIRSCW4267:2009(4)LHSC2281
..... need for such a law was felt as early as in 1974 and chief justice p.b. gajendragadhkar, as the chairman of law commission, in the 59th report on hindu marriage act, 1955 and special marriage act, 1954, opined:in our report on the code of civil procedure, we have had occasion to emphasis that in dealing with disputes concerning the family, the court ought to ..... hindu vedic rites. marriage was also registered. after marriage, the parties resided together in flat no. 601, 2nd floor, dinath court, ..... by the family court, mumbai, in which the family court, dissolved the marriage between the appellant and the respondent by a decree of divorce on mutual consent under section 13b of the hindu marriage act, 1955 (hereinafter 'the said act').3. admittedly, the parties are hindu and governed by the provisions of the said act and they were married on 5.3.1993 at mumbai following the ..... mutual consent.the basis in this case is also consent, but the revocation of the relationship itself must be consensual, as was the original formation of the relationship. the hindu marriage act, as amended in 1976, recognizes this theory in section 13b.32. on the question of how to ascertain continuing consent in a proceeding under section 13b of the said .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jul-27-2009
Reported in : 2009(5)LHSC3175; JT2009(10)SC109; 2009(10)SCALE744; (2009)10SCC604
..... for grant of maintenance, a complaint petition under section 420 of the ipc wherein an order of summoning had been issued as also an application under section 9 of the hindu marriage act, 1955 for the purpose of harassing her in-laws but at the same time she had been asking for mediation of their matrimonial dispute.33. mrs. vinay malhotra, the mother of ..... dungri police station, jaipur. we are, however, not concerned with the said case at present.25. indisputably on 17.11.2007, monica filed a petition under section 9 of the hindu marriage act, 1955 seeking for restitution of conjugal rights marked as case no. 683 of 2007, which is pending in the court of learned additional district judge, tis hazari, new delhi.26. we ..... of rs. 25 lakhs for divorce by mutual consent would clearly go to show their mind-set that they have been considering the marriage only in monetary terms and not of any emotional values.34. the parliament by act no. 46 of 1983 with a view to combat the menace of dowry deaths and harassment to woman at the hands of her ..... under section 420 of the ipc against the appellants and vikas inter alia alleging all material facts relating to the first marriage and divorce and in particular the fact that the first wife of vikas in her divorce suit alleged acts of cruelty on the part of her husband had not been disclosed.17. on 12.12.2005, monica challenged the order .....Tag this Judgment!