Court : Chennai
Decided on : Dec-01-2015
..... as to who is the natural guardian is to be determined with reference to the hindu minority and guardianship act, 1956, and not as per hindu law. in fact, the ingredients of hindu minority and guardianship act, 1956 overrides the hindu marriage act, 1955. 49. coming to the aspect of custody of the minor child hanuraghav, it is ..... and proper that the custody of children may be transferred from one parent to the other that can be made under provisions of section 26 of the hindu marriage act, 1955 itself, as per decision sangeeta v. sanjai @ babla [2006 (4) awc at page 3344 and 3346 (all.)]. apart from that, a minor ..... direct evidence unlike the case of the 'physical cruelty'. 'cruelty' as a ground of 'divorce' in terms of section 13 (1) (ia) of hindu marriage act, 1955 is a conduct of such nature that the husband could not reasonably be expected to live with the wife. the onus to establish 'cruelty and desertion' ..... /wife contends that the trial court had not given any reason for not considering wishes of the minor son as per section 26 of the hindu marriage act, 1955. also that, the trial court had not examined the minor son (aged about 14 years) and considered his views before rendering its finding ..... o.p.no.2890 of 2007 [filed by the respondent/petitioner (husband) under section 13 (1)(ia) and (ib) and section 26 of the hindu marriage act, 1955] at paragraphs 19 and 20 had observed the following: 19. in order to strengthen the case of the petitioner, the parents his mother and father .....Tag this Judgment!
Court : Allahabad Lucknow
Decided on : Jul-16-2015
..... . the 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 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 ..... in (2009)10 scc 415, the supreme court has held that it has power under article 142 of the constitution of india to convert proceedings under section 13 of the hindu marriage act, 1955, into one under section 13-b and grant a decree for mutual divorce without waiting for the statutory period of six months, by applying the doctrine of irretrievable break-down ..... petition, seeking a writ in the nature of mandamus directing the opposite party to conclude the suit no. 1553 of 2012 for mutual divorce filed under section 13 (b) of hindu marriage act, 1955 : swapnil verma and anjali verma, expeditiously. submission of the learned counsel for the petitioners is that there is no chance of conciliation between the petitioners and as such, it will ..... consent and filed a petition before the competent court. in these backgrounds, on 2.7.2015, petitioners have filed a suit for mutual divorce under section 13 (b) of the hindu marriage act, 1955 before the principal judge, family court, lucknow, which was registered as suit no. 1553 of 2012 but the opposite party-principal judge, family court, lucknow, has fixed the suit for .....Tag this Judgment!
Court : Kerala
Decided on : Nov-18-2015
..... the act applies. hence the family court was requested to hear the point of jurisdiction and maintainability as a preliminary issue. 3 ..... respondent in ia no.907/2014. 2. original petition before the family court was filed seeking for dissolution of the marriage solemnized between the parties on 06-04-2009 at kollam, under section 13 (1) (ia) of the hindu marriage act, 1955. allegations in brief are that, the appellant herein had deserted the respondent from 27-12-2012 onwards and treated ..... parties will remain legally as husband and wife, since the original marriage solemnized and registered at singapore is surviving. a further contention is that the parties are permanent residents of singapore and it prevents them from filing a divorce petition under the hindu marriage act, 1955, because provisions of the said act will apply only to hindus domiciled within the territories to which ..... 06-04-2009, which can be dissolved by the family court. in this regard it is beneficial to have a scanning of relevant provisions of the hindu marriage act. section 5 stipulates that a hindu marriage can be solemnized between any two hindus, if the conditions enumerated thereunder are satisfied. sub section (i) of section 5 stipulates that, either party should .....Tag this Judgment!
Court : Mumbai Nagpur
Decided on : Jul-14-2015
..... in the family court at nagpur. the marriage between the parties was solemnized at ballarpur on 26.11.1992 as per the buddhist rites ..... and custom. after the time of the marriage, the husband was residing at indora, nagpur along with ..... hindu marriage petition filed by the husband for a decree of divorce on the ground of cruelty and desertion. 3. few facts giving rise to the family court appeal are stated thus - the appellant-husband had filed a petition against the wife for dissolution of marriage under section 13(1)(ia) and (ib) of the hindu marriage act, 1955 ..... discussed the pleadings of the parties in detail in the earlier paragraphs of the judgment. the husband had reiterated the statements made in the hindu marriage petition in his examination-in-chief, so also the wife has reiterated the facts pleaded by her in her written statement, in her ..... , the learned counsel for the husband submitted that the family court has not considered the evidence in the right perspective while dismissing the hindu marriage petition filed by the husband. it is submitted that the wife was in the habit of speaking falsehood and she has taken contradictory stands .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Oct-19-2015
..... dated 22.07.2015 passed by the district judge (family court), barnala (hereinafter to be referred as 'the trial court') whereby the petition under section 11 of the hindu marriage act, 1955 (in short, 'hma') filed by the respondent - wife has been allowed and marriage of the parties has been declared to be null and void. 2. jaspreet kaur - respondent prayed for declaring ..... nothing contained in this act shall be deemed to affect any right recognised by ..... by law, there was no legal hindrance nor his marriage with the respondent offends any of the conditions prescribed in section 5 hma, particularly clause (i) of section 5. 14. section 29 (2) hma, which protects the custom in relation to the marriage which is solemnized under hma, reads as follows "section 29 in the hindu marriage act, 1955 29 savings. (1) xx xx xx (2) ..... custom or conferred by any special enactment to obtain the dissolution of a hindu marriage, whether solemnized before or after the .....Tag this Judgment!
Court : Chennai Madurai
Decided on : Oct-28-2015
..... . if such an argument is accepted, then every husband will escape. easily avoid their moral and legal obligation to his wife. now, for the purpose of section 24 of the hindu marriage act, 1955, section 125 of the code of criminal procedure, 1973 or in a suit for maintenance, the financial capacity of an husband is to be considered. 'his ability to earn' is ..... court and to meet other incidental expenses in connection with the conducting of the matrimonial proceedings. 9. in considering grant of maintenance and litigation expenses under section 24 of the hindu marriage act, 1955, the court has to consider not the main grounds raised in the h.m.o.p., but it must consider the financial capacity of the husband, so also the financial ..... .o.p.no.12 of 2014 before the learned additional sub judge, karur to divorce his wife. she filed i.a.no.260 of 2014 under section 24 of the hindu marriage act, 1955, seeking interim maintenance at rs.20,000/- per month and also rs.10,000/- towards litigation expenses. 3. the trial court granted her rs.2,500/- per month and a ..... woman, a legal obligation to maintain his wife arises. it is a sacred duty. it cannot be avoided. the hindu marriage act, 1955 contains provisions for matrimonial reliefs such as dissolution of marriage (divorce), restitution of conjugal rights and judicial separation. section 24 of the hindu marriage act, 1955 enables both the spouses to seek maintenance by way of interim measure when they are unable to maintain themselves. this .....Tag this Judgment!
Court : Mumbai Nagpur
Decided on : Jul-21-2015
..... of divorce under section 13[ia] and [ib] of the hindu marriage act, 1955. 2. few facts giving rise to the family court appeal are stated thus: the appellant-husband filed a hindu marriage petition against the respondent-wife for a decree of divorce under section 13[ia] and [ib] of the hindu marriage act. the marriage between the parties was solemnized on 30.04.1979 at juni ..... mangalwari, nagpur, according to hindu rites and customs. it is pleaded in the hindu marriage petition that the respondent initially showered all her love and affection on the husband and in reciprocation, the ..... the learned counsel for the wife supported the judgment of the family court and submitted that the family court had rightly considered the evidence of the parties before dismissing the hindu marriage petition. it is submitted that in the proceedings filed by the wife against the husband under section 125 of criminal procedure code, the husband had not pleaded that the wife had ..... , the examination of two independent witnesses by the husband, was sufficient. on a reading of the evidence, we find that the approach of the family court in deciding the hindu marriage petition filed by the husband was not just and reasonable. the family court ought to have held that the wife had treated the husband with cruelty. in our view, the .....Tag this Judgment!
Court : Sikkim
Decided on : Aug-27-2015
..... observation appears to be apt for the facts and circumstances of the matter at hand. 41. before closing, it would be appropriate to mention here that section 25 of the hindu marriage act, 1955 enjoins upon the court to pass orders pertaining to permanent alimony and maintenance. in this regard in revision petition (fam. c.t.) no. 1 of 2014, one of us, sinha ..... his academic career, reputation as well as the reputation of his family members, hence the prayer for a divorce in terms of section 13(1)(ia) and (iii) of the hindu marriage act, 1955. 7. the respondent resisted the contentions of the petitioner and interalia submitted that it is the petitioner who is infact of sick behavior and spent time watching pornographic sites in ..... . in the end result, in view of the discussions above, we set aside the impugned judgment of the family court and direct that the marriage between the parties be dissolved in terms of the provisions of the hindu marriage act, 1955. 43. appeal succeeds. 44. decree be drawn up accordingly. 45. parties to bear their own costs. 46. records of the learned trial court be ..... rani vs. madhukar reddi (1988) 1 scc 105, the hon ble apex court held thus; the word cruelty has not been defined in the hindu marriage act. it has been used in section 13(1)(i-a) of the act in the context of human conduct or behavior in relation to or in respect of matrimonial duties or obligations. it is a course of .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-14-2015
..... . the present appeal is filed by the appellant challenges the judgment and order dated 20.22007 passed in a petition filed under section 13(1)(ia) and 25 of the hindu marriage act, 1955. the appeal was admitted on 23/07/2007. the respondent has not appeared ever since though served. 2. by the impugned judgment the petition was partly allowed. the family court ..... be well founded except to the extent of the impugned judgment proceeding on the basis of an application for maintenance being made under the provisions of section 25 of the hindu marriage act. this anamoly can be set right by this court by exercising powers under order 41 rule 36. accordingly, we direct that the orders directing the payment of maintenance shall be ..... nor it has been specified that as between parents, whose duty is to maintain the children, maintenance can be awarded under section 26 of the hindu marriage act read with section 20 of the hindu adoption and maintenance act, 1956. the supreme court in the case of jasbir kaur sehgal vs. district judge, dehradun 1987 (7) scc 7 observed that there can be no such ..... to maintained his or her legitimate of illegitimate children. the liability of the appellant to maintain children cannot be avoided simply by denying the fact of marriage. the provisions of section 20 of the hindu marriage act inter alia empowers the court to make such provisions in the decree as it may deem it just and proper with respect to maintenance of minor children .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Oct-19-2015
..... 2014 passed by the additional district judge, ludhiana allowing the petition filed by the respondent-husband under section 13 of the hindu marriage act, 1955 (for short -"hma") and dissolving marriage of the parties. 2. the respondent prayed for a decree of divorce on the grounds that the appellant-wife is ..... the appellant-wife subjected the respondent to cruelty due to her alleged mis-conduct during stay of the parties together since their marriage up to august 1993 when the respondent-husband came back to amritsar. the respondent has neither filed any cross objection to challenge ..... the wife or both, the courts take irretrievable break down of marriage as a weighty circumstance amongst others necessitating ..... )(d) of the hma while holding in favour of the respondent. 26. this brings us to another issue that though irretrievable break down of marriage is not a ground for divorce but if marriage is beyond repairs on account of bitterness created by the acts of the husband or ..... severance of marital ties. in the present case, the mere fact that the parties are staying away from each other for the past more than 20 years alone is not sufficient to conclude that the marriage .....Tag this Judgment!