Court : Supreme Court of India
Decided on : May-17-2010
Reported in : AIR2010SC2685
..... marriage between their parents being valid or void, thus turned on the act of parents over which the innocent child had no hold or control. but for no fault of it ..... muthu reddiar and smt. rengammal could be drawn and, therefore, in view of the provisions of section 16 of the hindu marriage act, 1955 (hereinafter called as, "the act"), the two children born out of that live-in-relationship were entitled to inherit the property of muthu reddiar and thus, the appeal is liable to be dismissed.6. we ..... may be, of bastardising the children born of the parties to such marriage. polygamy, which was permissible and widely prevalent among the hindus in the past and considered to have evil effects on society, came to be put an end to bythe mandate of the parliament in enacting the hindu marriage act, 1955. the legitimate status of the children which depended very much upon the ..... plaintiff's witnesses, findings recorded by the high court itself become perverse and thus liable to be set aside. 19. be that as it may, section 5(1) of the act lays down conditions for a hindu marriage. it provides that marriage may be solemnized between any two hindus if neither of them is a spouse living at the time of .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-19-2010
..... 2. the appellant as petitioner has filed the petition in question under sections 13 (1) (i-a) and i-b) of the hindu marriage act, 1955 praying to dissolve the marriage held in between him and the respondent.3. the epitome of the petition can be stated like thus:the petitioner has married the respondent ..... and also abruptly left marital abode.11. section 13 (i-a) of the hindu marriage act, 1955 reads as follows: has, after the solemnization of the marriage, treated the petitioner with cruelty.12. section 13 (i-b) of the said act reads as follows: has deserted the petitioner for a continuous period of not less ..... cruelty to the petitioner and also deserted him abruptly without any sufficient cause, the present petition has been filed so as to dissolve the marriage held in between them.4. in the counter filed on the side of the respondent it is averred that the petitioner has married the respondent ..... than two years immediately preceding the presentation of the petition.13. the learned counsel appearing for the appellant/petitioner has repeatedly contended that the marriage between the petitioner and respondent has ..... as per hindu rites and caste customs on 11.11.1988. both of them have been blessed with a female child by name .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-10-2010
Reported in : AIR2010SC1042,JT2010(2)SC82,2010(2)SCALE294,2010(2)LC991(SC)
..... . it may be pertinent to note that, prior to 1976 amendment in the hindu marriage act, 1955 cruelly was not a ground for claiming divorce under the hindu marriage act. it was only a ground for claiming judicial separation under section 10 of the act. by the 1976 amendment, cruelty was made a ground for divorce and the ..... the aforesaid conclusions the learned single judge granted the alternative relief to the husband by passing a decree for judicial separation under section 10 of the hindu marriage act. this decree was passed with the hope that the parties would ponder upon the situation and may be able to re-unite for the welfare of ..... the husband with regard to cruelty of the wife is not such that he can be granted a decree of divorce under section 13 of the hindu marriage act. at the same time, adverting to the behaviour of wife the learned single judge observed as follows:i have considered the contentions of the ..... 105 wherein the concept of cruelty has been stated as under:the word 'cruelty' has not been defined in the hindu marriage act. it has been used in section 13(1)(ia) of the act in the context of human conduct or behaviour in relation to or in respect of matrimonial duties or obligations. it is ..... reached between the parties is of the doing of the petitioner and it is well cherished principle laid down in section 11 of the hindu marriage act that a party cannot be permitted to take benefit of his own wrongs. for the discussion made above and the conclusions reached thereon, .....Tag this Judgment!
Court : Kerala
Decided on : Apr-09-2010
..... think that the averments in the affidavit may not be true.11. rule 4 of the hindu marriage (kerala) rules, 1963 provides that every petition filed under the hindu marriage act, 1955 shall be accompanied by a certified extract from the hindu marriage register maintained under section 8 of the act and in the absence of the same an affidavit to that effect that the petitioner was ..... must be brought on record to show that there had been a valid marriage. the registration is not the sole proof of marriage in order to become a valid marriage.9. in the present case, the marriage between the petitioners is not disputed. section 13b of the hindu marriage act, 1955 was inserted by act 78 of 1976 and provides for divorce by mutual consent. in order ..... married to respondent.12. kerala registration of marriages (common) rules, 2008 came into force on 29.2.2008. ..... to attract the provisions of this section, the spouses should have been living separately for a period of one year or more and must not have been able to live together and have mutually agreed that the marriage should be dissolved. .....Tag this Judgment!
Court : Kerala
Decided on : Feb-22-2010
Reported in : 2010(2)KLT459
..... , convert a proceeding under section 13 of the hindu marriage act, 1955 into one under section 13-b and pass a decree for mutual divorce, without waiting for the statutory period of six months, none of the other courts can exercise such ..... neither the civil courts nor even the high courts can, therefore, pass orders before the periods prescribed under the relevant provisions of the act or on grounds not provided for in section 13 and 13-b of the hindu marriage act, 1955.18. the second proposition is that although the supreme court can, in exercise of its extraordinary powers, under article 142 of the constitution ..... that although irretrievable break-down of marriage is not one of the grounds indicated whether under sections 13 or 13-b of the hindu marriage act, 1955, for grant of divorce, the said doctrine can be applied to a proceeding under either of the said two provisions only whether ..... had arisen and it was held in most of the cases that despite the fact that the marriage had broken down irretrievably, the same was not a ground for granting a decree of divorce either under section 13 or section 13-b of the hindu marriage act, 1955.17. in the ultimate analysis the aforesaid discussion throws up two propositions. the first proposition is .....Tag this Judgment!
Court : Madhya Pradesh Jabalpur
Decided on : Sep-30-2010
..... can be passed. in the said judgment, the hon'ble apex court has advised that legislature must consider the opinion of their lordships and to make such provision in the hindu marriage act, 1955.21. in the case of "sanghamitra ghosh" (supra) the hon'ble apex court has considered the judgment of "naveen kohli" (supra) and has expressed the opinion that though there ..... against the judgment and decree dated 11/12/2001 passed in hindu marriage case no.19a/1998 by the second additional district judge, hoshangabad by which the application filed by the appellant under section 13 of the hindu marriage act, 1955 (hereinafter referred to as the 'act, 1955') was dismissed.2. it is admitted that the marriage of the appellant and the respondent took place on 16/2 ..... /1997 at itarsi. they lived at itarsi for two months after their marriage. thereafter the respondent visited to the appellant's house in the ..... appellant cannot raise such a new ground before this court at this stage. he has further submitted that there is no ground mentioned in section 13 of the act, 1955 regarding "irretrievable breakdown of marriage". it is the prerogative of the hon'ble apex court under article 142 of the constitution of india to provide such relief on such basis, but since .....Tag this Judgment!
Court : Guwahati
Decided on : Aug-20-2010
..... look after. the deduction of rs. 5,000. 00 from his pay and allowance on monthly basis however continues. having regard to the conditions enumerated in section 25 of the hindu marriage act, 1955 as well as the materials on record, we are of the opinion that the appellant is entitled to a lump sum, by way of permanent alimony, which we quantify to ..... not on oath, there is no whiff of such a plea by the respondent in his pleadings. the view that a contravention of section 5(iii) of the hindu marriage act, 1955 does not thereby nullify the marriage finds support in the full bench decision of the andhra pradesh high court in venkataraman vs. state air 1977 a. p. 43 and of the patna high ..... as well. 25. in view of the conclusions as above, we are of the unhesitant opinion that there has been a valid marriage between the parties in accordance with their custom as envisaged of section 3(a) of the hindu marriage act, 1955 and that the appellant has been able to prove the grounds of cruelty and desertion as contemplated in section 13 thereof. she ..... appellant was underaged, the same did not render it void. with reference to the child marriage restraint act, 1929(as amended), the learned counsel has insisted that the same as well does not render a marriage in contravention of section 5(iii) of the hindu marriage act, 1955 void though it prescribes penal measures therefore. besides contending that in absence of necessary pleadings, this belated plea ought .....Tag this Judgment!
Court : Patna
Decided on : Oct-29-2010
..... other party vary, modify or rescind any such order in such manner as the court may deem just].22. admittedly, section 25(3) of the hindu marriage act, 1955 was amended by section 17 of the marriage laws amendment act, 1976 and under the unamended section the liability to pay maintenance was restricted to the period during which the applicant remained unmarried. after the aforesaid amendment ..... above stated raju sao, and then also, in our opinion, the maintenance order cannot be stopped. in this connection, section 25(3) of the hindu marriage act, 1955 is relevant which runs as follows:"if the court is satisfied that the party in whose favour an order has been made under this section has re-married or, if ..... is not in a position to pay heavy amount of maintenance to his wife.6. the husband filed misc. case no. 10 of 1994 under section 25(3) of the hindu marriage act, 1955 and specifically pleaded that his wife solemnized her second marriage with above stated raju sao on 6.12.1993 in the temple of bari patan devi and the ..... is well known and recognized legal position that customary hindu law like mohammendan law permitted bigamous marriage which were prevalent in all hindu families ad more so in royal hindu families. it is only after the hindu law was codified by enactments including the present act that bar against bigamous marriages was created by section 5(i) of the act. keeping into consideration the present state of the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-22-2010
Reported in : 2010(2)SCALE266
..... filed under article 32 of the constitution of india for awarding the decree of divorce, annulling the marriage of the parties herein; and/or issue directions waiving the statutory period of six months provided under section 13b(2) of the hindu marriage act, 1955 (hereinafter referred to as, 'the act, 1955').2. the facts and circumstances giving rise to the present case are that the petitioner and ..... the respondent got married on 30.11.2008 according to hindu rites in delhi. they separated just after two days of their marriage i.e. on 02.12.2008. a petition for ..... .2009 accepted the said hma no. 197/2009 (titled as poonam v. sumit tanwar) observing as under:7. in view of section 13b(2) of the hindu marriage act, the marriage between the parties cannot be dissolved straightaway in the present case. as ..... dissolution of marriage by consent being hma no. 197/09 dated 09.09.2009 was filed under section 13b(1) of the act, 1955. the family court of delhi, vide order dated 25.11 .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-28-2010
..... on 15th november, 2007, also at goa. on 18th april, 2008, the respondent filed a petition under section 12 of the hindu marriage act, 1955 for annulment of the marriage, although, the petitioner was then residing in the united kingdom having been given the status of an afghan refugee. however, between 1989 ..... to hindus domiciled in the territories to which the act extends who are outside the said territories. in other words, the provisions of the hindu marriage act, 1955 would be applicable to the petitioner's case and can be heard by any court having jurisdiction within ..... of 22nd january, 1946, which restored the validity of both catholic marriages and hindu marriages. two hindus, therefore, can contract a marriage according to hindu religious rites or by way of a civil marriage. section 2 of the hindu marriage act extends the operation of the act to the whole of india except jammu and kashmir and also applies ..... her by the u.k. government. it did not really matter to her whether the petition under section 12 of the hindu marriage act was heard either in delhi or in goa. furthermore, ms. aggarwal also raised a point of some interest to the effect that civil proceedings relating ..... lpa no. 31 of 1998; monica variato v. thomas variato (2000) 2 g.l.t. 149 in which it was held that the special marriage act, 1954 did not have any application in the state of goa since the same had not been extended to the state of goa. it was ultimately .....Tag this Judgment!