Court : Supreme Court of India
Reported in : 3SCR41
..... the limit of rs. 50/- per annum prescribed by the said act, and the validity of the imposition of any such tax shall not be called in question in any court;" (2)the hindu marriages (validation of proceedings) act, 1960 (act 19 of 1960) was passed to obviate the short comings in the hindu marriage act pointed out by the punjab high court in janak dulari v. narain ..... das (a.i.r. 1959 punjab 50). there the high court held that the court of an additional judge cannot be regarded as a principal court of civil jurisdiction within the meaning of the hindu ..... marriage act ..... and that a district judge to whom a petition under the act is presented cannot transfer it to an additional judge for trial. the object of the validation act was to validate all proceedings taken and decrees and orders passed by any of the courts specified in cl .....Tag this Judgment!
Court : Orissa
Reported in : AIR1977Ori1; 42(1976)CLT1097
..... observed:--'in our opinion the contentions raised about the invalidity of the amending act on the ground that section 3 thereof was not made expressly retrospective or that it encroached ..... and effect to the validating acts. by way of illustration reference may be made to the following acts. (1) the professions tax limitation (amendment and validation) act, 1949 where section 3 (1) provided that.........'in the judgment, reference was made to the professions tax limitation (amendment and validation) act, 1949 and the hindu marriages (validation of proceedings) act, 1960, and thereafter it was ..... paid on the basis of the dead notification under section 4.(iii) the validation act violated article 14 of the constitution in various ways.on behalf of the union government, it was contended that the legislative competence of parliament is ..... which had become exhausted after the first declaration under section 6 and no acquisition could be made without a fresh notification under section 4.(ii) the validation act violated article 31(2) of the constitution inasmuch as it purported to authorise acquisition without fresh notifications under section 4 thereby allowing compensation to be .....Tag this Judgment!
Court : Karnataka
Reported in : I(2004)DMC398; ILR2004KAR512; 2003(6)KarLJ323
..... the decision applies to the facts of this case also, though the proceedings in this case were under section 10 of the hindu marriage act. the proceedings under section 10 of the act, cannot be valued. what applies to proceedings under section 9, shall also apply to proceedings under section 10 of the act. therefore, the proceedings cannot be valued. from this point of view, it appears that the ..... 's case. the question that therefore arises for consideration is whether an appeal from an order/decree of the civil judge, senior division, in a proceedings under sections 9, 10, 11, 12 and 13 of the hindu marriage act, 1955, lies to the high court or the district court.4. to decide the said question, a brief reference to the relevant provision of ..... enforced in like manner as the decreesand orders of the court made in the exercise of its original civiljurisdiction are enforceableall decrees and orders made by the court inany proceeding under this act shall be enforced in the like manner as thedecrees and orders of the court made in the exercise of its original civiljurisdiction for the time being are enforcedsecond part ..... having regard to the decision of the division bench of this court in mallappa v. mallava, air 1960 mys. 292 (db), and section 19 of the civil courts act, an appeal against the order of the civil judge (senior division), passed under the hindu marriage act, 1955 would lie to the district court and not to the high court and the district court committed .....Tag this Judgment!
Court : Himachal Pradesh
Reported in : AIR1961HP7
..... therefore be stated as a general proposition that, unless there is any special provision to the contrary, a proceeding that does not commence with a plaint cannot be held to be a suit'.7. in the hindu marriage act of 1955, except for the fact that certain decisions made thereunder were to have the effect of decrees ..... against were passed by the senior subordinate judge.3. the relevant portion of section 28 of the aforesaid act runs as below :'all decrees and orders made by the court in lany proceeding under this act shall be enforced in like manner as the decrees and orders of the courts made in the exercise of ..... view the definition of the 'district court' as given in section 3 (b) of the hindu marriage act, it is rather difficult to agree with ..... .c.1. miscellaneous first appeal no. 83 of 1960 arises out of a petition filed by the appellant under sections 10 and 12 and miscellaneous first appeal no. 128 of 1959 arises out of a petition filed by the appellant under section 9 of the hindu marriage act, 1955.2. a common preliminary objection was raised on ..... act was not a district court under that section. the bombay high court in the case of gangadhar rakhamaji v. manjulal gangadhar, reported in air 1960 bom 42 did not share that view and held that such a civil. court was a district court under that section. keeping in .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1960Cal577
..... ousting of the jurisdiction of a superior court. further, such a construction reconciles the provision of the civil procedure code, the city' civil court and the hindu marriage acts and consistent with the fact that the high court has framed rules for proceedings under the hindu marriage act, 1955.25. let us now consider the question of jurisdiction on the basis of the city civil court ..... of 1958) d/-19-5-1959 (cal), incidentally dealt with the question of jurisdiction in respect of the proceedings under the hindu marriage act as follows:'this definition of 'district court' are given in the hindu marriage act 1955 is no doubt more explicit than the definition given in the special marriage act 1954 and the legislature has now expressed itself more intelligibly in this ..... act, the c. p. c. and section 19 of the hindu marriage act.26. it is clear, that the relief is incapable of valuation in the ordinary way. ..... and obligations, with corresponding remedies. it came into force in 1955. therefore, the high court could not have jurisdiction in respect of the proceedings under the hindu marriage act before 1955.48. consequently there is no question of ouster of the jurisdiction of the superior court by the hindu marriage act.49. the definition of district court as given in section 3 of the .....Tag this Judgment!
Court : Kolkata
Reported in : 1973CriLJ790
..... the application for contempt was not maintainable in view of the provisions of section 28 of the hindu marriage act, 1955 laying down that decrees and orders made by the court in any, proceeding under the act shall be enforced in like manner as the decrees and orders of the court made in ..... judge, 3rd bench, city civil court. calcutta. an application under section 24 of the hindu marriage act was also filed by the wife for maintenance pendent elite and expenses of proceedings and by an order dated the 31st march, 1970. the petitioner was granted a maintenance at the rate ..... inhuman treatment. the children were however kept back by the respondent. the petitioner filed an application against the respondent under section 10 of the hindu marriage act, 1955 (act 25 of 1955). being matrimonial suit no. 66 of 1969 for judicial separation, inter alia on the grounds of cruelty before the learned ..... judge 3rd bench, city civil court. calcutta, would not amount to contempt in view of the specific provisions contained in section 28 of the hindu marriage act. 1955 laying down the mode and procedure for execution of the two orders passed by the city civil court. it is pertinent in this ..... is without jurisdiction, not warranted by the provisions of the hindu marriage act, 1955 and the code of civil procedure and as such the prayer made in this behalf by the petitioner was not maintainable in law. the respondent proceeded to state further in paragraph 5 of the aforesaid petition that .....Tag this Judgment!
Court : Allahabad
Reported in : AIR2005All187; 2005(3)AWC2587
..... two appeals shall be numbered as civil revision petitions.'14. section 24 of the hindu marriage act provides that wherein any proceedings under this act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his ..... under section 115 of the code of civil procedure the word 'proceeding' occurs along with the word 'suit' which means that the proceeding must be an original proceeding other than a suit. the court held that the proceedings under section 24 of the hindu marriage act was merely an interlocutory proceeding and not an original proceeding hence revision is not maintainable.12. the judgment of smt. madhavi ..... with material irregularity, provided no appeal lies. as no appeal lies against an order under section 28 of the hindu marriage act, the high court may exercise its revisional jurisdiction under section 115 of the civil p.c. we therefore, proceed to consider both these appeals as it they are revision petitions filed in this court by the respective parties. these ..... of the respondent, it may seem to the court to be reasonable. an application under section 24 of the act can be entertained in any proceeding under the hindu marriage act, 1955. the purpose of granting maintenance is to sustain the spouse during the pendency of the proceeding. the order passed under section 24 disposing of the application continues to operate till the .....Tag this Judgment!
Court : Kerala
..... velayudhan asari (1992 (2) klt 553), is concerned, the learned single judge was dealing with a case where the respondents in a proceeding under section 24 of the hindu marriage act had been directed to pay maintenance and litigation expenses. the respondent husband was bound to pay rs. 200/- per month towards maintenance and ..... result in making such order wholly nugatory and ineffective. even in the absence of a provision in the hindu marriage act for striking off the defence in case one of the parties to the proceedings willfully refuses to comply with the order of the court, there is inherent power in the court to ..... the plain language of the above reproduced provisions makes it clear that the court's power to strike out any pleading at any stage of the proceedings can be exercised in either of the three eventualities ie. where the pleadings are considered by the court unnecessary, scandalous, frivolous or vexatious; or ..... defence of the appellant has been struck off and it is after appreciating evidence of the respondent inter alia as already stated the court has proceeded to pass an order giving permanent custody of the surviving son after the tragic death of the elder son to the respondent. learned counsel for ..... to its order, the court below would have been justified to strike off the defence, even if there is no such provision in the hindu marriage act." 9. we must bear in mind the distinction between the inherent power to strike off the defence and the power under order 6 rule 16 .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR1964AP308
..... on her living in adultery. the court before which it is to be presented is the district court as defined in section 3(b) of the hindu marriage act. the cause of action in such a petition (proceedings) would be different from the cause of action in a suit filed by the husband against the alleged adulterer i.e., man who is alleged ..... is noteworthy that the word 'suit' has been used in respect of matrimonial proceedings under the indian divorce act. that shows that the word 'petition' must have been deliberately employed by the legislature with the object of distinguishing these proceedings (under the hindu marriage act) from ordinary suits.'22. in varalakshmi v. veerareddi, 1960-1 andh wr 270: (air 1061 andh pra 359) the question arose ..... , which relate to suits would not be sufficient to enable the two reliefs to be combined together as prayers in one plaint or petition.26. section 21 of the hindu marriage act specifically provides that proceedings under section 13, as well as other proceedings under the act, shall be regulated by the code of civil procedure, subject to not only the provisions contained in the ..... by the andhra pradesh high court.30. in the result, we find that the contention of shri m. venkata suhba kao is not tenable. we hold that rule 9 is valid and that the award of damages by the lower court is lawful. we see no reason to interfere with the quantum of damages awarded. we find no room or need .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1995All214
..... the state government, by notification in the official gazette, as having jurisdiction in respect of the matters dealt with in this act. thus the court in which the proceedings can be filed have been specifically specified and a proceeding under the hindu marriage act cannot be filed in a court in which a original suit could be filed with reference to sections 15 and 16 ..... is an exception to section 19 in so far as it permits a deviation by providing that the respondent may make a counterclaim for any relief under the hindu marriage act and this can be done only in a proceeding for divorce or judicial separation or restitution of conjugal rights. a claim for maintenance is not mentioned in section 23-a as the ..... the parties was whether the counterclaim set up by the husband-respondent in his reply to the petition for maintenance was maintainable. the proceedings before the court were of a petition for maintenance under the hindu adoptions and maintenance act. the trial court has taken the view that the counter-claim for divorce is maintainable by virtue of section 23-a of the ..... claim was maintainable under the provisions of order 8.12. sections 19 to 25 of the hindu. marriage act are found under the title. jurisdic-tion and procedure which indicates that the act contains special provision regarding the jurisdiction and procedure in relation to proceedings under the hindu marriage act. section 19 provides for the territorial and other jurisdiction. it says that every petition under this .....Tag this Judgment!