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Judgment Search Results Home > Cases Phrase: hindu marriage act 1955 Year: 2016 Page 1 of about 2,341 results (0.092 seconds)

Feb 25 2016 (HC)

Kashibai Namdeo Jadhav and Others Vs. Yamunabai and Others

Court : Mumbai

Decided on : Feb-25-2016

..... to general law of divorce prescribed under the provisions of the hindu marriage act, 1955. 66. section 13 of the hindu marriage act, 1955 provides for dissolution of marriage by a decree of divorce on various grounds set out therein. section 4 of the hindu marriage act, 1955 provides that save as otherwise expressly provided in the hindu marriage act, 1955, any text, rule or interpretation of hindu law or any custom or usage as part of that ..... uniformly in their community before the learned trial judge. 68. a perusal of section 4 of the hindu marriage act, 1955 clearly indicates that any custom or usage as part of that law in force immediately before the commencement of the hindu marriage act, 1955 shall cease to have effect after the hindu marriage act, 1955 came into force. 69. in so far as submission of mr.mandlik, learned counsel for the ..... law in force immediately before the commencement of the hindu marriage act, 1955 shall cease to have effect with respect to any matter for which provision .....

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Jan 21 2016 (HC)

Sushila Bai Vasudev Rao Bodhanker (died per LRs) and Others Vs. Govind ...

Court : Andhra Pradesh

Decided on : Jan-21-2016

..... marriage is perfectly legal. he further submitted that even prior provincial legislation prohibiting bigamous marriages such as madras hindu (bigamy prevention and divorce) act, 1949 (act 6/1949) which was in vogue by the date of ..... children i.e. plaintiffs 3 to 6. he submitted that though their marriage took place during the subsistence of legal marriage between vasudev rao and his first wifeambu bai, still their marriage was solemnized on 09.03.1953 i.e. long prior to the hindu marriage act, 1955 (for short hm act, 1955) came into force which act declared a bigamous marriage as void besides being a punishable offence. hence their ..... marked on behalf of defendants. i) judgment shows, the trial court gave a finding that marriage between vasudev rao and first plaintiff was an invalid marriage. sofaras plaintiffs 3 to 6 are concerned, the trial court held in view of section 16 of hindu marriage act, 1955 (for short hm act, 1955) they have a right of inheritance in the suit property. with regard to the nature of .....

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Aug 24 2016 (HC)

Joginder Kaur (Gogi) and Another Vs. Prit Pal Singh

Court : Delhi

Decided on : Aug-24-2016

..... two years immediately preceding the presentation of the petition; (emphasis by us) after the amendment, the ground for desertion for claiming divorce under section 13(1)(ib) of the hindu marriage act, 1955 requires that one of the spouse who has been deserted by the other for a continuous period of two years immediately preceding the date of the presentation of the divorce ..... respondent-husband permanently. *the learned family court further failed to appreciate that the filing of the divorce petition by the respondent-husband under section 13(1)(ia)(ib) of the hindu marriage act, 1955 is a cooked up story to camouflage the illegal demands of dowry made by the respondent-husband and his family members. 19. we firstly consider the challenge divorce decree. it ..... despite her repeated requests. the appellant-wife submitted that all the allegations made by the respondent-husband in the divorce petition under section 13(1)(ia)and(ib) of the hindu marriage act, 1955 were false and the petition was without merit which was liable to be dismissed. 15. it is noteworthy that the respondent-husband did not file any replication. 16. from ..... son, i.e., master dilpreet singh. 3. the respondent-husband, i.e., shri prit pal singh, filed a divorce petition under section 13(1)(ia)and(ib) of the hindu marriage act, 1955 on 9 th june, 2011 for granting divorce in his favour on the ground of cruelty and desertion. the respondenthusband pleaded in his divorce petition that the respondenthusband and appellant .....

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Aug 10 2016 (HC)

Dr. Shaily Mishra Vs. Anurag Mittal

Court : Delhi

Decided on : Aug-10-2016

..... married to one rachna mittal (aggarwal). whereas the respondent filed a petition for restitution of conjugal rights under section 9 of the hindu marriage act, 1955, rachna mittal filed a petition seeking annulment of the marriage under section 13(1)(ia) of the hindu marriage act, 1955. by a common judgment and decree dated august 31, 2009, whereas petition for restitution of conjugal rights filed by the respondent was ..... down the appeal is allowed. impugned judgment and decree dated april 16, 2015 dismissing the petition filed by the respondent under section 11 of the hindu marriage act, 1955 alleging violation of the clause (i) of section 5 of the hindu marriage act, 1955 is set aside. the petition filed by the appellant is allowed holding that the respondent violated clause (i) of section 5 of the ..... the high court. the date of the judgment of the first appellate court affirming the decree of divorce was august 29, 1988. as per section 15 of the hindu marriage act, 1955, where a marriage has been dissolved by a decree of divorce and there is a right of appeal, it would be unlawful for either party to marry again where the time within ..... by the trial judge and as affirmed in the first appeal, the supreme court held that the husband could get no benefit of the second marriage solemnized which was in disregard of section 15 of the hindu marriage act, 1955. 13. in the decision reported as (2002) 2 scc 73 savitri pandey vs. prem chandra pandey, similar view was taken by the supreme court .....

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Sep 01 2016 (HC)

Jagwati Vs. Gajender Kumar

Court : Delhi

Decided on : Sep-01-2016

..... outskirts of the village daultabad and never came to take her back. (ii) in reply para 9 wherein the husband has pleaded about the petition under section 9 of the hindu marriage act, 1955 and his wife agreeing of joining him on march 10, 2005 in the court at gurgaon, pleaded that once at the matrimonial home she again started threatening and forcing him ..... matrimonial home just after four days on march 14, 2005 after joining the company of her husband on march 10, 2005. during hearing of petition under section 9 of the hindu marriage act, 1955 the different versions emerging on record about the circumstances in which the appellant/wife left the matrimonial home to stay at her parental house are as under: (i) written statement ..... long wait for almost five years, in the year 2010 the respondent/husband filed a petition seeking divorce on the grounds specified under section 13(1)(ia) and (ib) of hindu marriage act, 1955. 5. the divorce petition was contested by the appellant/wife levelling allegations of cruelty and harassment on account of dowry which she had been tolerating in the hope that better ..... /wife was not performing the matrimonial obligation by staying away from her matrimonial home and often living at her parental home for years together, a petition under section 9 of hindu marriage act, 1955 was filed in the year 2003 by the respondent/husband seeking restitution of conjugal rights. the appellant/wife agreed to resume cohabitation and returned to matrimonial home on march 10 .....

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Jan 21 2016 (HC)

Dr. Ajay Devidasrao Sambare Vs. Dr. Vaishali Ajay Sambare

Court : Mumbai Aurangabad

Decided on : Jan-21-2016

..... by the hon'ble supreme court in the above referred matter, this court is competent to grant divorce and even pass order granting permanent alimony under section 25 of the hindu marriage act, 1955, taking note of the status of the parties. (e). the further reliance was placed on the case of k. srinivas rao vs. d.a. deepa, reported in (2013) ..... for reasons discussed, we find that the petitioner has proved that the respondent has, after the solemnization of the marriage, treated the petitioner with cruelty under section 13(1)(ia) of the hindu marriage act, 1955. there are no grounds to attract section 23 of the hindu marriage act and the petitioner is entitled to decree of divorce. permanent alimony: 34. learned counsel for the petitioner fairly ..... 2004 exhibit 52 is copy of the earlier petition no.a.46 of 2004. it was divorce petition under section 13 of the hindu marriage act, 1955. the petitioner claims that his marriage with respondent could be termed as self arranged marriage. engagement took place on 27th october 2002. the engagement was broken by the parents of the respondent on the ground that she was ..... appellant-petitioner and respondent is hereby dissolved by decree of divorce under section 13(1)(ia) of the hindu marriage act, 1955. (iii) the appellant is directed to pay permanent alimony of rs.25,00,000/- (rupees twenty five lakhs) under section 25 of the hindu marriage act, 1955 to the respondent. the amount shall be deposited in the family court within a period of three .....

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Mar 30 2016 (HC)

Vijay Singh Vs. Chanchal Chaudhary

Court : Delhi

Decided on : Mar-30-2016

..... the findings of the learned family judge are completely baseless and misconceived. 8. before adjudicating upon the matter, we may set down the provisions of section 19 of hindu marriage act, 1955, which prescribes the court to which a petition under the enactment is required to be presented and the same reads as under:- "19. court to which petition shall ..... appellant on or around 28th march, 2009, which was registered as hma no. 463/2009 (renumbered as hma no. 688/2011). this petition was filed under section 13(1)(ia) and 13(1a)(ii) of the hindu marriage act, 1955 ( hereinafter referred to as 'hma act, 1955') (25 of 1955) as amended by marriage laws (amendment) act, 1976. 5. the respondent wife entered appearance in the matter and ..... filed her written statement on 06th july, 2009 repudiating the allegations, to which the petition was premised. the respondent also filed an application seeking interim maintenance under section 24 of hma act, 1955. 6. ..... by the court on that date. finally vide order dated 04th september, 2015, the court after observing the jurisdiction clause in section 19 of the hma act, 1955 was of the view that the marriage had been solemnized at kavi nagar, ghaziabad, u.p, which was outside its territorial jurisdiction and that the petitioner had nowhere stated that he .....

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Jan 21 2016 (HC)

Dr. Ajay Devidasrao Sambare Vs. Dr. Vaishali Ajay Sambare

Court : Mumbai Aurangabad

Decided on : Jan-21-2016

..... by the hon'ble supreme court in the above referred matter, this court is competent to grant divorce and even pass order granting permanent alimony under section 25 of the hindu marriage act, 1955, taking note of the status of the parties. (e). the further reliance was placed on the case of k. srinivas rao vs. d.a. deepa, reported in (2013) ..... for reasons discussed, we find that the petitioner has proved that the respondent has, after the solemnization of the marriage, treated the petitioner with cruelty under section 13(1)(ia) of the hindu marriage act, 1955. there are no grounds to attract section 23 of the hindu marriage act and the petitioner is entitled to decree of divorce. permanent alimony: 34. learned counsel for the petitioner fairly ..... 2004 exhibit 52 is copy of the earlier petition no.a.46 of 2004. it was divorce petition under section 13 of the hindu marriage act, 1955. the petitioner claims that his marriage with respondent could be termed as self arranged marriage. engagement took place on 27th october 2002. the engagement was broken by the parents of the respondent on the ground that she was ..... appellant-petitioner and respondent is hereby dissolved by decree of divorce under section 13(1)(ia) of the hindu marriage act, 1955. (iii) the appellant is directed to pay permanent alimony of rs.25,00,000/- (rupees twenty five lakhs) under section 25 of the hindu marriage act, 1955 to the respondent. the amount shall be deposited in the family court within a period of three .....

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Aug 31 2016 (HC)

Sudesh Vs. Suresh Solanki

Court : Delhi

Decided on : Aug-31-2016

..... (she finally left matrimonial home in the year 1999). the evidence led by the appellant/wife in the petition under section 9 of hindu marriage act, 1955 and in her defence to the counter claim seeking dissolution of marriage on account of mental cruelty, no material could come on record to prove the said accusations even on probabilities. 18. the appellant/wife ..... in the year 2012, she filed a petition under section 9 of the hindu marriage act, 1955 praying for restitution of conjugal rights. her husband filed a counter-claim for dissolution of marriage on the ground prescribed under section 13(1)(ia) and 13(1)(ib) (cruelty and desertion) of the hindu marriage act, 1955. 6. learned judge, family court vide the impugned judgment dismissed the petition ..... matrimonial appeals filed by the appellant/wife challenging the order dismissing hma petition no.154/2012 filed by her under section 9 of the hindu marriage act, 1955 and granting the decree of dissolution of marriage in counter claim bearing hma no.232/2013 filed by the respondent/husband alongwith the written statement to hma petition no.154/2012. 2. the undisputed case of the ..... of the appellant/wife. the counter-claim filed by the respondent/husband was allowed by dissolving their marriage by a decree of divorce on the ground of mental cruelty mainly for the following .....

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Oct 18 2016 (HC)

M. Girija Vs. Kalisuresh

Court : Chennai Madurai

Decided on : Oct-18-2016

..... to wreck vengeance on the husband. there must be a justifiable cause to select the jurisdiction of the court where she resides.'' 8. considering section 19(iiia) of the hindu marriage act, 1955, and the judgments cited above, the facts and circumstances of the present case require consideration and accordingly, this transfer civil miscellaneous petition is allowed and h.m.o.p.no ..... of the above hmop.no.12 of 2015, the respondent filed hmop.no.99 of 2015 before the sub court, tuticorin, under section 13(1)(i-a) of the hindu marriage act, 1955, seeking the relief of divorce. further, it is contended by the petitioner that she is now under the care and custody of her aged father and mother and registered a ..... the matrimonial relationship between the petitioner and the respondent was strained and they were separated. subsequently, the petitioner/wife filed hmop.no.12 of 2015, under section 9 of the hindu marriage act, 1955, before the additional sub court, tirunelveli, seeking the relief of restitution of conjugal rights against the respondent. the said case was adjourned for enquiry and the respondent also filed ..... resides outside the limits of municipal corporation; arjun singhal v. pushpa karwel, air 2003 mp 189.'' 5. section 19(iiia) of the hindu marriage act, 1955, enumerates that in case, the wife is the petitioner, petition under this act shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction, where she is residing on the date .....

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