Court : Supreme Court of India
Decided on : Feb-22-2013
..... respondent-wife caused mental cruelty to the appellant-husband is erroneous. we are unable to agree with the high court.10. under section 13(1)(i-a) of the hindu marriage act, 1955, a marriage can be dissolved by a decree of divorce on a petition presented either by the husband or the wife on the ground that the other party has, after solemnization of ..... of the family court that lodging a complaint with the police against the appellant-husband amounts to cruelty is perverse because it is not a ground for divorce under the hindu marriage act, 1955. the high court further held that the appellant-husband and the respondent-wife did not live together for a long time and, therefore, the question of their treating each other ..... what is already defunct de facto. it is important to note that in this case this court made a recommendation to the union of india that the hindu marriage act, 1955 be amended to incorporate irretrievable breakdown of marriage as a ground for the grant of divorce.28. in the ultimate analysis, we hold that the respondent-wife has caused by her conduct mental cruelty ..... sever the tie, it may lead to mental cruelty.26. we are also satisfied that this marriage has irretrievably broken down. irretrievable breakdown of marriage is not a ground for divorce under the hindu marriage act, 1955. but, where marriage is beyond repair on account of bitterness created by the acts of the husband or the wife or of both, the courts have always taken irretrievable breakdown of .....Tag this Judgment!
Court : Mumbai Aurangabad
Decided on : Mar-21-2013
..... were normal. it is further case of the applicant that, in the month of july 2012 the respondent husband instituted proceedings under section 12(1)(a) of the hindu marriage act, 1955 for annulling the marriage. it is further case of the applicant that, in the month of october 2012 the applicant shifted from khajole district jalgaon to aurangabad at the place of her near ..... assistance of the counsel for the parties, perused the grounds taken in the application, annexures thereto, reply tendered across the bar by the counsel for the respondent, the provisions of hindu marriage act. upon careful perusal of the averments either in the application or in the affidavit in reply, at least there is no dispute that, the distance from aurangabad to jalgaon is ..... the learned counsel invited my attention to paragraph-4 of the affidavit in reply and submitted that, in view of the provisions of section 19 of the hindu marriage act, every petition under the said act shall be presented to the district court within local limits of whose original civil jurisdiction where the parties are residing. the counsel invited my attention to the ..... the application is allowed. 8. in that view of the matter, following order is passed:- (1) misc. civil application is allowed in terms of prayer clause (a) and (b). (2) hindu marriage petition no. 343 of 2012 pending before the court of the civil judge, senior division, jalgaon shall stand transferred to the family court, aurangabad. (3) the civil judge, senior division .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-18-2013
..... status was not disrupted by the order of the court and, as such, the learned trial court could not have granted maintenance u/section 25 of hindu marriage act, 1955 (in short, the act). she has relied on the following reported case :- chanddhawan (smt) versus jawaharlal dhawan, reported in (1993) 3 s.c.c. 406, ..... conclusion that the step of the wife to move the court of additional district judge, amritsar for grant of maintenance u/section 25 of the hindu marriage act was ill-advised. the judgment of the high court under appeal could be no other than the one that it was in the present state ..... and perceptives, it is difficult to come to the view that a claim which is ancillary or incidental in a matrimonial court under the hindu marriage act could be tried as an original claim in that court; a claim which may for the moment be assumed as valid, otherwise agitable in the ..... is clarified that, it is kept open for the respondent / wife to take out the appropriate proceeding seeking maintenance either u/section 18 of hindu adoption and maintenance act, 1956 or u/section 125 of "the code of criminal procedure, 1973". civil application is accordingly disposed of. order passed in civil application ..... submits that, it was always open for the respondent / wife to file separate application for grant of maintenance allowance u/section 18(1) of hindu adoptions and maintenance act, 1956 or u/section 125(1) of "the code of criminal procedure, 1973". she has invited our attention to the ratio laid down .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-02-2013
..... learned judge of the family court-3, pune, by which the petition filed by the appellant under section 13(1) of the hindu marriage act, 1955 (hereinafter referred to as "the said act") seeking divorce on the ground of cruelty has been dismissed. 2. office remark shows that the respondent has been duly served ..... aside; (ii) the petition bearing p.a.no.284 of 2001 is hereby allowed; (iii) the marriage solemnized between the appellant and the respondent is hereby dissolved under section 13(1) (ia) of the hindu marriage act, 1955; (iv) the appeal is accordingly allowed on above terms; (v) there will be no orders as ..... counsel for the appellant who has taken us through the pleadings and notes of evidence. 3. the marriage between the appellant and respondent was solemnized on 13th march, 2001 in accordance with hindu vedic rites. various allegations of cruelty have been set out in the petition. the main allegation made ..... further question as to whether their continuance or persistence over a period of time render, what normally would, otherwise, not be so serious an act to be so injurious and painful as to make the spouse charged with them genuinely and reasonably conclude that the maintenance of matrimonial home is ..... made and continued to remain on record. to satisfy the requirement of clause (i-a) of sub-section (1) of section 13 of the act, it is not as though the cruel treatment for any particular duration or period has been statutorily stipulated to be necessary. as to what constitutes .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-15-2013
..... whereby the division bench upheld the judgment dated 13th february, 1998 passed by the judge, family court, jaipur dismissing the appellants petition under section 13 of the hindu marriage act, 1955 (hereinafter referred to as the act for short). 3. the facts of the case are as follows: the appellant and respondent are married to each other. the appellant preferred a petition for dissolution ..... of marriage under section 13 of the act before the judge, family court, jaipur and brought on record the following facts: the appellant and the respondent were married according to hindu rites on 30th october, 1990 at jaipur. for the first few days the respondent stayed at ..... the pendency of the appeal clearly reveals appellants psychology of disobeying the law and of entering into a number of marriages. 13. under sub-clause (a) of clause (1) of section 23, in any proceeding under the act, if the court is satisfied that any of the grounds for granting relief exists and the petitioner is not in any way taking ..... second wife. the high court observed that this is against the section 15 of the act, whereunder it is stipulated that even after dissolution of marriage by a decree of divorce, upto certain period no party to the marriage can marry again. 12. in the present case admittedly marriage has not been dissolved by any of the court of law. on the other hand .....Tag this Judgment!
Court : Mumbai
Decided on : May-10-2013
..... rites and ceremonies, it is alleged that on account of their disputes, the petitioner filed the above petition in the family court for dissolution of their marriage by invoking section 13(1)(ia) of hindu marriage act, 1955. 7] the respondent no.1 alleges that they had a pet dog in the matrimonial home who was attached to respondent no.1 complainant. that ..... of something to them for a purpose. ? it cannot be said, therefore, that the allegations in the present complaint do not disclose commission of offences under the said act. the act prohibits advertisements containing indecent representation of women and publication or sending by post, books, pamphlets containing indecent representation of women. therefore, no person shall produce or cause to be ..... d). the definition reads as follows:- ??label ? mean any written, marked, stamped, printed or graphic matter, affixed to, or appearing upon, any package ? 26] section 3 of the act contains a prohibition on advertisement containing indecent representation of women. 27] in the present case, the learned judge has not issued process by invoking section 3. therefore, there is no ..... containing indecent representation of women in any form is prohibited. in the present case, the complaint does not disclose publication or exhibition of the nature contemplated by the said act. 18] for all these reasons, even if the photographs annexed to the complaint correctly depicts the painting and their contents still, no offence within the meaning of aforesaid .....Tag this Judgment!
Court : Chennai
Decided on : Apr-23-2013
..... order. we are fortified by the view taken by the bombay high court in dinesh v. usha, air 197.bom 173 that pendente lite maintenance under section 24 of the hindu marriage act, 1955, raises controversy independently of the suit and decision thereon concludes controversy finally between parties and as such letters patent appeal is maintainable.23. the very same question came up for ..... , the question referred to the full bench was the same viz., whether an appeal would be available under section 19(1) of the family courts act, 1984, against an order passed under section 24 of the hindu marriage act, 1955? 28. in this case, the full bench approached the issue in the angle as to whether an order made under section 24 of the ..... criminal procedure or any other law, an appeal shall lie against a judgement or order which is not an interlocutory order. here, the expression any other law undoubtedly includes the hindu marriage act, 1955. therefore, section 28 of the hindu marriage act, is not applicable to the decrees and orders of the family courts. under section 19(1) of the family courts ..... --------------------------------------------------------------------------------------------- c o m m o n o r d e r whether an order made under section 24 of the hindu marriage act, 1955 by a family court established under the family courts act, 1984 is appealable under section 19(1) of the said act to the high court ?. the answer to this question is not uniform among various high courts. a full bench of .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jul-01-2013
..... innocent of blame. we are satisfied, that the grounds/facts on which a claim for divorce can be maintained under section 13(1) of the hindu marriage act, 1955, are clearly not available to the appellant darshan gupta in the facts and circumstances of this case. for the instant reason also, the prayers made ..... aforesaid view of the matter, it is not possible to accept the appeal preferred by the appellant even under section 13(1)(ia) of the hindu marriage act, 1955.35. despite our aforesaid conclusions, it is necessary to examine the instant controversy from another point of view. as noticed hereinabove, it was the vehement ..... mental condition of radhika gupta is such as would persuade us to accept the appeal preferred by darshan gupta under section 13(1)(iii) of the hindu marriage act, 1955.34. it would also be relevant for us to refer to the alleged erratic behaviour of radhika gupta. in this behalf, it would be ..... mental condition of radhika gupta, would render it possible for us to determine whether or not in terms of section 13(1)(iii) of the hindu marriage act, 1955, her mental disorder is of such a kind, and to such an extent, that darshan gupta cannot reasonably be expected to live with her. ..... ground that he had not been able to prove the ingredients of either clause (ia) or clause (iii) of section 13(1) of the hindu marriage act, 1955. on the other hand, op no.629 of 2003 was allowed holding that the respondent-wife was entitled to the relief of restitution of conjugal rights .....Tag this Judgment!
Court : Delhi
Decided on : Jan-17-2013
..... paragraphs of the judgment read as under: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 solemnized after the commencement of the act shall be null and void and may, on a petition presented by either party thereto against the other party, be so declared by ..... . mathi about 20 years back or that she was alive at the time when he married smt. padi or that the last mentioned marriage took place after the coming into force of the hindu marriage act 1955. section 5 of the aforesaid act inter alia provides that a marriage may be solemnized between two hindus if neither party has a spouse living at the time of the ..... contravenes 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 64.has taken the view that a marriage covered by section 11 is void-ipso-jure, that is, void from the very inception. such a ..... marriage. section 11 thereof lays down that any marriage solemnized after the coming into force of the act shall be null and void and section 17 emphasizes .....Tag this Judgment!
Court : Rajasthan Jodhpur
Decided on : Aug-22-2013
..... by the court: these two appeals under section 28 of the hindu marriage act, 1955 (for short, hereinafter referred to as 'the act of 1955') are directed against the judgment and decree dated 7th of may 1998 under section 13 of the act of 1955 and order dated 20.08.1999 under section 25(1) of the act of 1955 passed by the learned addl. district judge no.1, bikaner ..... irretrievable breakdown of marriage as a ground for the grant of divorce. a copy of this judgment be sent to the secretary, ministry of law & justice, department of legal affairs, government ..... 31.3.1999, the respondent have sent a notice for breaking the nucleus of the huf.14. the respondent filed a complaint against the appellant under section 24 of the hindu marriage act.15. the respondent had withdrawn rs.9,50,000/- from the bank account of the appellant in a clandestine manner.16. on 22.1.01 the respondent gave affidavit [20 ..... in the act of 1955 for incorporating the said ground as ground for divorce. the court, ultimately, made following observations in para 96 of the verdict:96. before we part with this case, on the consideration of the totality of facts, this court would like to recommend the union of india to seriously consider bringing an amendment in the hindu marriage act,  1955 to incorporate .....Tag this Judgment!