Court : Delhi
..... be remitted to the family court where the question of determination of maintenance at the rate of rs.1,25,000/- per month under section 24 of the hindu marriage act, 1955 be considered and consolidated to be heard along with other matrimonial proceedings/cases including divorce and other cases relating thereto, which are pending before various family courts including the ..... 2008 along with her daughter. thereafter, several proceedings have been instituted which include one under section 9 of the hindu marriage act, seeking restitution of conjugal rights preferred by the wife; proceedings under section 24 and 26 of the hindu marriage act again by the respondent wife; a guardianship proceedings under section 25 of the guardian and wards act by the appellant; an application for maintenance under ..... that the respondents contention that the matrimonial proceedings ought not to be allowed to continue until and unless the issue of arrears of maintenance is decided, cannot be accepted. however, at the same time, this court is equally alive to the possibility that some arrears might be payable. the extent of such arrears cannot be determined in ..... this appeal.17. in view of the aforesaid, the following directions are made which the family court shall adhere to while proceeding further with hma no.134/2011: i) the evidence of the appellant shall be tendered in accordance with law .....Tag this Judgment!
Court : Delhi
..... only the high court or it could also be a court of valid jurisdiction like a family court. mr jauhar points out that even in kg v. state (supra) although proceedings were instituted in the family court, patiala house courts by the wife under section 26 of the hma, that court dismissed those proceedings for lack of jurisdiction. against the said dismissal, an appeal was ..... the family court, saket would straightaway be attracted under sections 19(1) and 19 (4) of the hma. according to him, the application under section 26 of the hma seeking custody of the child is maintainable in such proceedings. he submits that the question of best interest of the child for the purpose of section 26 of the hma has to, therefore, be decided only by the family ..... .2 met through a website. their marriage ceremony was performed in gujarat on 23rd june, 2015. the marriage was registered in new delhi on 26th june, 2015 under section 5 of the hindu marriage act, 1955 ( hma?). respondent no.2 was at the time of marriage, as she is now, w. p (crl) 2034/2017 page 2 of 14 residing with her parents in ..... minor daughter who is presently in the custody of his wife, respondent no.2. he seeks the return of the child to south africa. w. p (crl) 2034/2017 page 1 of 14 3. the brief facts were set out in the very first order passed in this petition on 20th july, 2017 as under: the present petition has been filed .....Tag this Judgment!
Court : Karnataka
Reported in : 2003(2)KarLJ139
..... case of mallappa v. mallava, air 1960 mys. 292submitted that district judge has jurisdiction as first appellate authority. perused the record carefully. 4. the point for consideration is: 'to which court, appeal lies under section 28 of the hindu marriage act?' 5. section 28(1) of the act provides that decrees made in any proceeding under that act shall be appealable as decrees of the ..... the matter for decision by larger bench. thus, viewed from any angle, the question of law, namely, 'whether forum of appeal provided under section 28 of the hindu marriage act depends on the valuation of the proceedings and the karnataka civil courts act or, irrespective of that, appeal lies to high court only?', requires to be answered by larger bench. accordingly, under ..... had been the intention of the legislature that the high court alone should be the forum of appeal from all decrees and orders made in proceedings under the act, it would have been so clearly stated in section 28. . . .'.it is also observed in the said decision that notification cannot have the effect of converting civil court into a ..... majage, j. 1. in this appeal, a short but an important question namely, to which court appeal lies against an order passed under section 13 of the hindu marriage act, arises for consideration.2. the facts, giving rise to the said point, are: the appellant herein presented a petition under section 13(1), (1-a) and (1-b) of the hindu marriage act (hereinafter referred as 'act') seeking a decree .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1961All395
..... consequence. every plaint must bear the value of the subject matter of the suit for the purposes of jurisdiction and of court-fees (vide order 7, rule 1(i) c. p. c.)a proceeding under the hindu marriage act is governed by the c. p. c. (vide section 21) and rule 5 of the rules made by this court in exercise of the powers conferred under ..... judge where the value of the original suit in which ..... the order was made does not exceed ten thousand rupees, and (b) the high court in any other case'.a proceeding under section 10 of the hindu marriage act is to be treated as an original suit consequently an appeal from an order of a civil judge passed in such a ..... , the following question :'does an appeal valued at rs. 250/- from an order passed under section 24 of the hindu marriage act, 1955, by a civil judge, who is a district court within the meaning of the act in a proceeding commenced on a petition under section 10 of the act, which does not mention any value on the face of it, lie to this court or ..... . o. no. 11-m of 1959 decided by khosla. c. j. and gurdev singh j. of the punjab high court on 22-8-1960), and villiammal ammal v. periaswami udayar, air 1959 mad 510. under the supreme court act an appeal from the judgment of a state court in canada lies to the supreme courtof canada if the amount or value of .....Tag this Judgment!
Court : Orissa
Reported in : 90(2000)CLT426; 2000(II)OLR252
..... in a proceeding under the hindu marriage act, the forum relating to filing of appeal and consequently, revision would depend upon the notional valuation. this position is now clear in view of the decision reported in ..... may be, is to be filed in the high court and in other cases, revision is to be filed before the district judge. against a final decision in any proceedings under the hindu marriage act, appeal is to be filed before the court on the basis of pecuniary jurisdiction. in many cases, it has been observed that where no valuation has been given ..... any of the decisions holding the field have jumped to the conclusion without any rhyme or reason that an order passed by the civil judge (senior division) in a proceeding under the hindu marriage act cannot be challenged in appeal before the district judge. it appears that even the learned counsel, who was appearing for the present petitioner had so conceded before the ..... p.k. misra, j.1. the present opp. party no. 3, the husband, has filed title suit no. 436 of 1997 against the present petitioner for dissolution of the marriage, which is now pending before the civil judge (senior division), balasore. on the basis of the application filed by the present petitioner under section 24 of the hindu marriage act, 1955 (in short, the 'act'), the trial court .....Tag this Judgment!
Court : Kolkata
Reported in : (2004)3CALLT138(HC),2004(2)CHN585
..... to the facts and circumstances of the case, there was no scope for applying under section 12 of the hindu marriage act, 1955. since marriage was not proved, the registration of the marriage could not be accepted as valid and thus there was no question of marriage being consumed. thus though he had found the ..... if it retains it and a decree is passed the same would not be a nullity. since the petitioner had undergone a long way of the proceeding and the respondent was not vigilant in insisting upon this point at the preliminary stage, the learned district judge should have granted the relief for the ..... learned munsif alone. the learned district judge could not have entertained this suit. for the reasons foregoing, we again stretch our reasoning to such an extent that by reason of this decision, the competence of the learned district judge could neither be taken away nor overlooked. he also relied on the decision ..... obstruction in nursing works or any other works of the plaintiff.(d) decree for entire costs of the suit along with interest for the same'.1.1. subsequently this suit was sought to be withdrawn which was allowed by the learned munsif by an order dated 10th of july, 1998 with liberty ..... between her and o.p. accordingly, she is not entitled to any relief in this case. these two issues are, accordingly, answered against her'.1.2. in the plaint the petitioner had pleaded that there was no marriage and in consequence no consummation in between the petitioner and the opposite party .....Tag this Judgment!
Court : Kolkata
Reported in : 1994CriLJ422
..... case of the accused persons that some items of jewellery of the complainant's husband are rather lying with the complainant. it may be mentioned here that in this criminal proceeding a search warrant was issued at the instance of the complainant and the articles belonging to her have been seized and taken away in execution of the search warrant. virtually ..... title to the properties constitutes a volitional act on the part of the accused persons necessarily changing the character and complexion of possession and thereby simultaneously converting the properties to their own use and purposes ..... accused persons in that respect is not an evasive or stale refusal to part with the property but is rather a refusal accompanied by asserted denial of any right or title of the complainant to the concerned properties with a challenge thrown at her to approach the court. such unequivocal and assertive declaration denying the complainant's right and ..... of the hindu marriage act for return of her stridhan articles, ornaments and jewellery including those stated to have been presented by the accused persons. the complainant in may, 1988 also filed an application under section 125, cr. p.c. for maintenance against her husband the accused no. 1 and on that application she has obtained an order of maintenance at the rate of .....Tag this Judgment!
Court : Central Administrative Tribunal CAT Delhi
..... as registration of marriage is an admission by the parties to the marriage held previously according to the hindu rights and such marriage is valid under the said marriage act. it is further contended that under section 11 the decree of dissolution of marriage had been passed on the ground that the applicant had contracted ..... exparte decree as the applicant failed to turn up. we have perused section 11 of the hindu marriage act where for a nullity of marriage being void clauses 1, 4 and 5 of sections of the hindu marriage act are provided. we have also seen section 5 and to our mind the decree in this case had been passed ..... of his duties in relation with public. as in absence of the prior approval accorded by the additional commissioner of police before ordering the enquiry, the proceedings are vitiated in view of the provisions of rule 15(2) of the rules. we have perused the record and find that the allegations levelled ..... at all been relied upon by the enquiry officer to come to the conclusion of guilt against the applicant. in our considered view under rule 16(1) of the delhi police (punishment and appeal) rules, 1980 only relied upon documents are to be furnished to the delinquent police official. if the ..... money from anita and wrote love letters to her. on the basis of this a departmental enquiry was ordered where the following charge was framed. "1. that you are married to ms. suresh bala daughter of jabbar singh on 24.9.90 and contracted another marriage with a girl namely ms. .....Tag this Judgment!
Court : Delhi
Reported in : I(2008)DMC45
..... from shall, on application, be given by the register on payment to him of the prescribed fee.(5) notwithstanding anything contained in this section, the validity of any hindu marriage shall in no way be affected by the omission to make the entry.8. rule 3 framed in the year 1956 is ..... relating to their marriage entered in such manner and subject to such conditions as may be prescribed in a hindu marriage register kept for the purpose.(2) notwithstanding anything contained in sub-section (1), the state government may, if it is of opinion that it is necessary or expedient so to do, ..... contained in form a. the form reads as follows:form `a'(see rule 3)application for registration of a marriage under section 8 of the hindu marriage act, 1955 (central act 25 of 1955) 1. name and percentage of parties. ______________(husband)s/o ________________(wife)2. age of date of birth ________________(husband) __________( ..... concerned. whether the parties have contravened any of the provisions of section 5 or not and whether such a declaration is valid or not is not a matter which can only be gone into by the courts. the court in such proceedings cannot in any manner be bound by the declaration made before ..... made in this behalf shall be punishable with fine which may extent to twenty-five rupees.(3) all rules made under this section shall be laid before the state legislature, as soon as may be, after they are made.(4) the hindu marriage register shall at all reasonable times be open for inspection, .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1994Bom1; 1994(1)MhLj230
..... bride would be wearing such of the jewellery as she would be possessing or that which was presented to her. to that extent, section 27 of the hindu marriage act would apply to that restricted amount of jewellery. furthermore, in the present proceedings, we do not need to exhaustively set out the specific passages, but there is direct evidence and even admissions from the respondent ..... respondent-husband, that it is because of the background of hostility and purely out of a sense of vendetta that an attempt has been made to call into question the validity of the decree of divorce passed by the family court in favour of the husband. on facts, to our mind, the family court was fully justified in passing the decree ..... . at the stage of opening the bank locker, the respondent-husband possessed the key to that locker and it is his explanation that when he had questioned the appellant-wife shortly before this about the key of the locker that she is alleged to have flung the key on the ground in a temper and that was when he took charge ..... ]1scr315 , which, in fact, is the bone of contention between both learned counsel. whereas mr. angal's submission was that the supreme court has clearly interpreted _s. 23(1)(a) of the hindu marriage act and defined as to what constitutes a wrong and under what circumstances. mr. thorat has, on the other hand, submitted that this decision would equally support his argument .....Tag this Judgment!