Court : Supreme Court of India
Decided on : Mar-31-2011
..... property or whether their share is limited only to the self- acquired property of their parents under section 16(3) of the hindu marriage act?12. section 16(3) of the hindu marriage act, 1955 reads as follows:"16. legitimacy of children of void and voidable marriages-(1) xxx(2) xxx(3) nothing contained in sub-section (1) or sub-section (2) shall be construed as conferring upon ..... any child of a marriage which is null and void or which is annulled by a decree of nullity under section 12, any rights ..... clause relating to this amendment, it appears that the same was done to remove difficulties in the interpretation of section 16.29. the constitutional validity of section 16(3) of hindu marriage act was challenged before this court and upholding the law, this court in parayankandiyal eravath kanapravan kalliani amma (smt.) & ors. v. k. devi and ors., [(1996) 4 scc 76], held that ..... any other relation on the basis of this rule, which in its operation, is limited to the properties of the parents."32. it has been held in parayankandiyal (supra) that hindu marriage act is a beneficent legislation and intends to bring about social reforms. therefore, the interpretation given to section 16(3) by this court in jinia keotin (supra), neelamma (supra) and bharatha .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-16-2011
..... . on the basis of the aforesaid pleadings, the learned judge of the family court framed following issues. 1. whether the petition as framed is competent / tenable under the provisions of hindu marriage act, 1955 ? 2. does the petitioner prove that the respondent has treated her with cruelty ? 3. does the petitioner prove that the respondent has deserted her for a continuous period of two ..... family court at bandra, mumbai on or about 5th december, 1992 to seek following reliefs. (a) that the marriage between the wife and the husband be dissolved by decree of divorce under section 13(i) (ia) and (ib) of the hindu marriage act,1955 (for short hma). (b) the husband be directed to pay to wife a sum of rs.10,000/- per month by way ..... to interfere in the said finding and the decree of divorce passed by the learned judge in terms of the impugned judgment under section 13(ia) and (ib) of the hindu marriage act is required to be confirmed. accordingly, point no.6 is answered in the negative. 54. the wife had sought injunction in terms of prayer clause (d) of the petition qua ..... divorce, judgment was delivered by the family court on 5th august, 1999 so as to dismiss the petition filed by the wife on the ground that the marriage between the husband and wife under the hma was void. the learned judge of the family court on account of this observation, came to the conclusion that the other issues do not survive and .....Tag this Judgment!
Court : Delhi
Decided on : Jul-15-2011
..... requesting the respondent to re-join the matrimonial home but she refused. the appellant, therefore, filed a petition under section 9 of the hindu marriage act, 1955 for restitution of their conjugal rights and a compromise was arrived at between the parties and the respondent re- joined the matrimonial home on ..... filed under section 28 of the hindu marriage act, 1955 the appellant husband seeks to challenge the judgment and decree dated 05.02.2001 passed by the learned trial court whereby the divorce petition filed by the appellant herein under section 13 (1) (ia) & (ib) of the hindu marriage act was dismissed. 2. brief facts ..... living separately for a period of 22 years as the legislature has yet to introduce the ground of irretrievable break down of marriage in the hindu marriage act for the grant of divorce and in the absence of the same the decree of divorce cannot be granted merely on account ..... any efforts to improve the atmosphere in the matrimonial home despite his undertaking given by him in the proceedings under section 9 of the hindu marriage act, which made it clear that the intention of the appellant was to bring cohabitation permanently to an end. it observed that the respondent ..... further found that the statement and the undertaking given by the appellant in the proceedings filed by him under section 9 of the hindu marriage act clearly proved that his behaviour was not proper otherwise he would not have given such an undertaking before the court to keep the respondent .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-14-2011
..... the appellant and the respondent solemnized on 12th february, 1987 is hereby dissolved in accordance with the provisions of section 13(1)(ia) of the hindu marriage act, 1955. (iii)in the facts and circumstances, there shall be no order as to costs. civil application no. 123 of 2011 in family court appeal no. 4 of 2003 ramesh laxman ..... husband would be entitled to decree of divorce as per the provisions of section 13(1) (ia) of the hindu marriage act, 1955. accordingly, the impugned judgment and decree dated 28th august, 2002 passed by learned 6th joint civil judge, senior division, pune in hindu marriage petition no.207 of 1998 is required to be set aside and petition is required to be made absolute. 47 ..... 1. the appellant filed petition under section 13(1)(ia) and 13(1)(ib) of the hindu marriage act, 1955 (hereinafter referred to as hma) for divorce against the respondent in the district court at pune being hindu marriage petition no.207 of 1998. the appellant shall hereinafter referred to as the husband. the respondent shall hereinafter referred to as the wife. the said petition was assigned to ..... by the appellant husband in the written statement constitutes mental cruelty to claim decree of : 38 : fca-4-03-judgement-f=.doc divorce under section 13(1) (ia) of the hindu marriage act. the supreme court in paragraph 7 of the aforesaid judgment has quoted as under. "the question that requires to be answered first is as to whether the averments, accusations and .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-26-2011
..... against the impugned judgment and decree passed by the family court, mumbai in petition no. a-2320/2007 whereby the prayer of the appellant-husband for dissolution of marriage under section 13 of the hindu marriage act, 1955 has been dismissed. 2. the other appeal is against the judgment and decree passed by the family court, mumbai in petition no.c-87/2008 providing for ..... son siddhesh was born on 26th april, 1990. the parties, however, started staying separately due to their differences from 1999. the appellant, therefore, filed petition under section 9 of the hindu marriage act for decree of restitution of conjugal rights being petition no. a-680/2001. the appellant, however, later on withdrew the said petition as he had reason to believe that the ..... a "circumstance" which has got to be considered when one decides the permanent alimony to be paid to the appellant wife. section 25 of the hindu marriage act provides that a court exercising jurisdiction under the act at the time of passing of the decree may direct the respondent to pay the applicant for her maintenance and support such gross sum or such ..... the appellant is undoubtedly spending for their education and will spend on their marriage. it will not be proper to drive the daughters to file an application under the hindu adoption and maintenance act, 1956. in our view, the phrase "other circumstances of the case" appearing in section 25 of the hindu marriage act is quite elastic and while passing an order under that section, the .....Tag this Judgment!
Court : Delhi
Decided on : Jul-08-2011
..... 1. by this appeal filed under section 28 of the hindu marriage act 1955, the appellant-husband seeks to set aside the judgment and decree dated 07.03.2003 passed by the learned trial court whereby the divorce petition filed by the appellant husband under section 13 (1) (ia) of the hindu marriage act was dismissed. 2. broad facts of the case as per the appellant are that ..... . in the light of the above position, this court is of the clear view that the appellant has not proved cruelty as required by section 13(1)(ia) of the hindu marriage act and hence this court does not find any illegality, infirmity or any kind of perversity in the findings arrived at by the learned trial court and, therefore, the same does ..... heard learned counsel for the parties at considerable length and given my serious consideration to the pleas raised by them. 9. the expression 'cruelty' has not been defined in the hindu marriage act and rightly so as it is not possible to put down the concept in a strait jacket formula, but since the ground of cruelty as envisaged under section 13 (1 ..... the appellant-husband got married to the respondent- wife according to hindu rites and ceremonies on 15.02.1997 and out of the said wedlock one son was born on .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-14-2011
Reported in : 2012(1)SCC725; 2012(1)SCC(Cri)757; AIR2012SCW293,AIR2012SC326; 2012(2)KCCR35SN; 2012ALLMR(CRI)376; 2012(1)BCR(Cri)790
..... to her parents on 7th october, 2008. 2. on 6th december, 2008, the respondent no.1, husband, filed an application under section 9 of the hindu marriage act, 1955 (case no.609 of 2008) against the petitioner, for restitution of conjugal rights. unable to bear the shock of the incidents, which had taken place since ..... no.279 of 2009, which had been filed by the respondent no.1 under section 9 of the hindu marriage act and case no.65 of 2009, also filed by him under section 25 of the guardians and wards act, 1890, be transferred from the family court at jaipur to a family court of competent jurisdiction in ..... .279 of 2009, which had been filed by the respondent no.1 under section 9 of the hindu marriage act and case no.65 of 2009 also filed by him under section 25 of the guardians and wards act, 1890, from the family court at jaipur to a family court of competent jurisdiction in delhi. ..... the petitioner's marriage with the respondent no.1, the petitioner's grandparents suffered heart and paralytic attacks, as a result of which they have become completely bed-ridden. according ..... -a and 406 ipc. the next day, on 2nd june, 2009, the respondent no.1, husband, moved an application under section 21 of the above act for visitation rights, which was dismissed by the learned judge, family court. 5. the respondent no.1 filed criminal appeal no.455 of 2009 on 25th august .....Tag this Judgment!
Court : Delhi
Decided on : May-20-2011
..... one wasif khalil. she had also concealed that at the time of marriage with wasif khalil she had embraced islam. respondent no. 3 filed a petition for dissolution of marriage by a decree of nullity under sections 5 and 12 of the hindu marriage act, 1955 in the month of november, 2000. 2. on 16th september, ..... 2000, that is, few months prior to filing of the petition for dissolution of marriage, respondent no. 2 had filed a complaint ..... time love blossomed between them. ultimately, they got married on 28th november, 1997 at arya samaj mandir, rathkhana, bikaner according to hindu rites and ceremonies. it appears that after the marriage their relations became estranged. respondent no. 2, inter alia, alleged that respondent no. 3 had concealed her real age, her marital ..... this case. 12. to attract section 120-b ipc it is to be shown that two or more persons agree to do an illegal act or an act which is not illegal by illegal means. in this case, neither the fir was registered under section 120-b ipc nor any investigation ..... to shri anil kaushik in the month of december 1998, which had been returned dishonored and a complaint case under section 138 of the negotiable instruments act, 1881 was pending between respondent no. 3 and shri anil kaushik in chandigarh. in his statement recorded under section 161 cr.p.c. by .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-18-2011
..... the toughest for the courts to deal with. such is the case presently before us. 2) the appellant-husband and the respondent-wife got married according to the hindu marriage act, 1955 [hereinafter referred to as `the act'] in 1994, and are blessed with a daughter a year thereafter. some time in the year 2000, due to differences in their temperaments, they began to live ..... separately from each other and have been living thus ever since. subsequently, in 2001, the parties filed a petition under section 13b of the act before the district court, gurgaon, for dissolution of the marriage by grant of a decree of divorce by mutual consent. however, before the stage of second motion and passing of the decree of divorce, the ..... the law laid down by this court in sureshta devi's case (supra).14) the language employed in section 13b(2) of the act is clear. the court is bound to pass a decree of divorce declaring the marriage of the parties before it to be dissolved with effect from the date of the decree, if the following conditions are met:a ..... a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the marriage laws (amendment) act, 1976, (68 of 1976.) on the ground that they have been living separately for a period of one year or more, that they have not been able to live .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-30-2011
..... aside the judgment and decree dated 29.04.2006 passed by the additional district judge(ad-hoc)- cum-presiding officer, fast track court, ropar filed under section 13 of the hindu marriage act, 1955 (in short `the act').3) brief facts: (a) the marriage of pankaj mahajan-appellant husband and dimple @ kajal, respondent-wife, was solemnized on 02.10.2000 at amritsar. after the ..... was not of sound mind. the relevant portion of the petition for divorce filed by the appellant is reproduced hereunder: 4. that the petitioner shortly after his marriage found the respondent to be acting in a very abnormal manner. she would abruptly get very aggressive, hostile and suspicious in nature, ought to hit any body available in her company and her suspicion ..... of repeated threats to commit suicide given by the respondent-wife. on 24.05.2002, the appellant-husband filed a petition under section 13 of the act in the district court at amritsar for dissolution of marriage by a decree of divorce. by order dated 29.04.2006, the additional district judge, ropar, granted a decree of divorce in favour of the ..... , shivala road, amritsar. on 11.07.2001, a female child was born, who is now in the custody of the respondent-wife. (b) after the marriage, the appellant-husband found that the respondent-wife was acting in very abnormal manner, as she used to abruptly get very aggressive, hostile and suspicious in nature. in a fit of anger, she used to give .....Tag this Judgment!