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Judgment Search Results Home > Cases Phrase: hindu marriage act 1955 Year: 2012 Page 1 of about 3,828 results (0.147 seconds)

Jul 12 2012 (HC)

P. Umalakshmi. Vs. State Bank of India and ors.

Court : Chennai

Decided on : Jul-12-2012

..... from march, 2000. (iii) the sons of the first petitioner are however continued to be treated as legitimate children of the said ponnan in terms of section 16 of the hindu marriage act, 1955 and the elder son was substituted to receive family pension from march, 2000 as provided in the pension scheme. the earlier payment of terminal benefits and family pension till february ..... said v.ponnan filed h.m.o.p.no.37 of 1992 before the sub court, karur and prayed for dissolution of the marriage between him and the said pitchiamma under section 13(1)(i-b) of the hindu marriage act, 1955. the ground raised in hmop was desertion. in the said petition filed in h.m.o.p.no.37 of 1992, the said ..... divorce, v.ponnan has chosen to file h.m.o.p.no.37 of 1992 before the sub court, karur to dissolve the marriage between himself and the said pitchiamma under section 13(1)(i-b) of the hindu marriage act, 1955 and an exparte decree was passed by the sub court, karur, as the said pitchiamma failed to appear when the matter was called ..... petitioner married the said ponnan on 14.9.1990 and the same is in violation of sections 11 and 17 of the hindu marriage act, 1955. therefore, the first petitioner cannot be treated as legally wedded wife of the said ponnan and consequently her request for compassionate appointment was rejected and payment of family pension was .....

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Aug 22 2012 (SC)

Devinder Singh Narula Vs. Meenakshi Nangia

Court : Supreme Court of India

Decided on : Aug-22-2012

Reported in : (2012)8SCC580; JT2012(7)SC519; 2012(7)SCALE473; AIR2012SC2890; 2012AIRSCW4739

..... of the constitution.5. on behalf of both the parties it was urged that since more than 18 months had elapsed since the original petition under section 13 of the hindu marriage act, 1955, have been filed, the said period could be counted towards the cooling period of six months stipulated under section 13-b of the above ..... for another two months.14. we, accordingly, allow the appeal and also convert the pending proceedings under section 12 of the hindu marriage act, 1955, before the additional district judge-01, west delhi, into one under section 13-b of the aforesaid act and by invoking our powers under article 142 of the constitution, we grant a decree of mutual divorce to the parties and ..... . this appeal arises out of an order passed by the additional district judge-01, west delhi, on 13.4.2012 in hma no.204/2012, while entertaining a joint petition filed by the parties under section 13-b of the hindu marriage act, 1955. on such petition being presented, the learned court below posted the matter on 15.10.2012 for the purpose of second ..... .10.2012.12. it is quite clear from the materials on record that although the marriage between the parties was solemnized on 26.3.2011, within 3 months of the marriage the petitioner filed a petition under section 12 of the hindu marriage act, 1955, for a decree of nullity of the marriage. thereafter, they have not been able to live together and lived separately for more .....

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Apr 02 2012 (HC)

Roopa Vs. A.Shanmugam at Suresh

Court : Chennai

Decided on : Apr-02-2012

..... . 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 sections 13 and 13-b of the hindu marriage act, 1955."15. in the aforesaid judgment, it has been clearly mentioned that the civil court has no power to apply the principle of irretrievable ..... :-"17.in the ultimate analysis the aforesaid discussion throws up two propositions. the first proposition is 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 where ..... break down of marriage and to pass an order of divorce by consent before the lapse of six months period under the provisions of section ..... in air 1997 orisssa 47 (satyabhama nayak v.narendra kumar kumar nayak), for the principle that the divorce granted without following the procedures laid down in section 13 (b) of hindu marriage act and without complying the prescribed period shall be liable to be quashed. the relevant portion in the said judgment would be as follows:-"7... the course adopted by the learned .....

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Dec 12 2012 (SC)

Deoki PanjhiyarA. Vs. Shashi Bhushan Narayan Azad and anr.

Court : Supreme Court of India

Decided on : Dec-12-2012

..... commencement of the act "shall be null and void and may, on a petition presented by either party ..... any one of the conditions so specified in clauses (i), (iv) and (v) of section 5."15. while considering the provisions of section 11 of the hindu marriage act, 1955 this court in yamunabai v. anantrao [air 1988 sc 645] has taken the view that a marriage covered by section 11 is void-ipso-jure, that is, void from the very inception. such a ..... benefits under the dv act, 2005. infact, in such a situation there will be no occasion for the court to consider whether the relationship between the parties is in the nature of a marriage.14. admittedly, both the appellant and the respondent are governed by the provisions of the hindu marriage act, 1955. section 11 of the hindu marriage act makes it clear that a marriage solemnised after the ..... have to be asked for, for the purpose of precaution and/or record. therefore, until the declaration contemplated by section 11 of the hindu marriage act is made by a competent court, the woman with whom second marriage is solemnized continues to be the wife within the meaning of section 494 ipc and would be entitled to maintain a complaint against her husband .....

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Jun 12 2012 (HC)

Jayashree Vs. S.Suresh

Court : Chennai

Decided on : Jun-12-2012

..... is that the petitioner is not entitled to get a decree in his favour in view of section 23(1)(b) of the hindu marriage act, 1955. section 23(1)(b) of the hindu marriage act stipulates that if the court is satisfied that where the ground of divorce petition is cruelty, the petitioner has not in any manner ..... and in any event, the petitioner is not entitled to get a decree in his favour in view of section 23(1)(b) of the hindu marriage act, 1955 and hence the impugned order is liable to be set aside.14. in support of his submission, learned senior counsel relied on the following decisions ..... to as arrayed in the original petition.3. the respondent/petitioner filed original petition under section 13(1)(i-a) of the hindu marriage act, 1955, seeking for a decree of divorce dissolving the marriage between him and the appellant/respondent which was held on 22.8.1993 at seshadri mahal, tatabad, coimbatore 12.4. the ..... senior counsel for the appellant, the petitioner is not entitled to get a decree in his favour in view of section 23(1)(b) of hindu marriage act.28. the trial court virtually accepted the evidence of p.ws.1 and 2 without proper appreciation and adopted an erroneous approach by picking up ..... respondent/petitioner is that the appellant/respondent treated him with cruelty and has sought for decree of divorce under section 13(1)(i-a) of the hindu marriage act. the cruelty alleged in the petition, is mental cruelty and the burden is on the petitioner to prove the same. it is well settled .....

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Feb 21 2012 (HC)

P.Nirmala Vs. K.Muruguselvam

Court : Chennai

Decided on : Feb-21-2012

..... prayer: appeal filed under section 282 of the hindu marriage act, 1955 r/w. section 19 of the family court act against the fair and decretal order dated 12.05.2008 made in f.c.o.p.no.1835 of 2002 on the file of ..... element where it exists. 41.it cannot be gainsaid that a mere evidence/admission for enduring cruelty cannot be reckoned as condonation under section 23 of the hindu marriage act.42.the disgusting acquisition made by the appellant/wife that the respondent/husband is having illicit relationship with his mother and further, accusing her father-in-law ..... wife in name.35.admittedly, the term 'cruelty' is a mixed question of law and fact. the hindu marriage act has been enacted based on social, economic and political changes in india. of course, the initiation of marriage takes a pivotal place and has a key role to play in the society and cruelty may be of ..... in paragraph 96 of the judgment, it is observed that 'court recommended to union of india to seriously consider bringing an amendment in h.m. act to incorporate irretrievable break down of marriage as a ground for grant of divorce.'33.in sujata uday patil v. uday madhukar patil [(2007) 8 mlj 797 (sc)], the hon'ble ..... in a proper manner and has come to the right conclusion that the appellant/wife has committed an act of cruelty and accordingly, granted the relief of divorce in favour of the respondent/husband, by dissolving the marriage that has taken place between the parties on 01.10.1999, which warrants no interference in the .....

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Jul 04 2012 (SC)

Vishwanath Son of Sitaram Agrawal Vs. Sau. Sarla Vishwanath Agrawal

Court : Supreme Court of India

Decided on : Jul-04-2012

..... in their marital life and compatibility looked like a mirage, he filed a petition for divorce under section 13(1) (ia) of the hindu marriage act, 1955 (for brevity 'the act').3. it was the case of the appellant before the court of first instance that the respondent-wife did not know how to conduct ..... bhagat (mrs.)[6], a two-judge bench referred to the amendment that had taken place in sections 10 and 13(1)(ia) after the hindu marriage laws (amendment) act, 1976 and proceeded to hold that the earlier requirement that such cruelty has caused a reasonable apprehension in the mind of a spouse that it would ..... and advancement of social concept and standards of living. with the advancement of our social conceptions, this feature has obtained legislative recognition that a second marriage is a sufficient ground for separate residence and separate maintenance.moreover, to establish legal cruelty, it is not necessary that physical violence should be used. ..... the health of a wife." it is apt to note here that the said observations were made while dealing with the hindu married women's right to separate residence and maintenance act (19 of 1946). this court, after reproducing the passage, has observed that the learned judge has put his finger on ..... dipak misra, j.1. leave granted.2. the marriage between the appellant and the respondent was solemnized on the 30th of april, 1979 as per the hindu rites at akola. in the wedlock, two sons, namely, vishal and rahul, were born on 23.9.1982 and1.11.1984 .....

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Dec 11 2012 (SC)

U. Sree. Vs. U. Srinivas

Court : Supreme Court of India

Decided on : Dec-11-2012

..... hindu marriage act, 1955 (for brevity 'the act') in the principal family court, chennai for restitution of conjugal rights. the respondent-husband filed f.c.o.p. no. 805 of 1998 under sections 13(1)(i-a), 26 and 27 of the act read with section 7 of the family courts act, 1984 praying for dissolution of marriage ..... of permanent alimony. it is noticeable that the wife had filed a case for grant of maintenance and residence under the hindu adoptions and maintenance act, 1956 at hyderabad. the high court has granted rs. 12,500/- per month from the date of filing of the ..... factum of maltreatment. it was averred that as the husband had gained reputation, his parents and other relatives thought of a second marriage so that he could get enormous dowry. she denied the scandalous allegations and stated that she was proud of her husband's accomplishments ..... 4. the facts requisite to be stated for adjudication of the appeals are that the marriage between the appellant and the respondent was solemnized on 19.11.1994 at tirupathi according to hindu rites and customs. after entering into wedlock, they lived together at vadapalani, chennai. as ..... , custody of the child and return of jewellery and other items. the learned family judge jointly tried both the cases and, on the basis of the evidence brought on record, dismissed the application for restitution of conjugal rights preferred by the wife and allowed the petition of the husband for dissolution of marriage .....

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May 08 2012 (SC)

Shaleen Kabra Vs. Shiwani KabrA.

Court : Supreme Court of India

Decided on : May-08-2012

..... , and have been involved in various litigations since then, including a petition for divorce under section 13(1)(i) & 1a of the hindu marriage act, 1955 filed by the appellant-father and also proceedings under the protection of women from domestic violence act, 2005, initiated by the respondent-mother. the appellant, who is an ias officer, stationed at jammu at present, had sought certain modifications ..... sake of convenience, parties to the litigation have been referred to herein below as arrayed in civil appeal arising out of special leave petition no. 13254 of 2011.4. the marriage of the appellant and the respondent was solemnized on 14.02.1994. from the wedlock, two sons were born, who are approximately 15 and 9 years old. the appellant and .....

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Feb 10 2012 (HC)

P.Mani Vs. Kalyani

Court : Chennai

Decided on : Feb-10-2012

..... differences. the appellant filed f.c.o.p.no.35 of 1997 seeking divorce on the grounds of cruelty and desertion under sections 13(1)(i-a) (i-b) of hindu marriage act, 1955. since the appellant did not conduct the case, f.c.o.p.no.35 of 1997 was earlier dismissed for default on 17.10.2000. as per the order in ..... the file of family court, salem (dated 24.06.2004) on the ground of non-appearance of appellant, the appellant has preferred this appeal.2. brief facts are that the marriage between appellant and respondent was solemnised on 8.11.1989 at kosaripatti in sankari taluk and two female children were born to them. the spouses were living in armed reserve ..... prayer: civil miscellaneous appeal filed under section 19 of family court act against the decree and judgment dated 24.06.2004 made in f.c.o.p.no.35 of 1997 on the file of family court, salem.judgmentr.banumathi,j1. being .....

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