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Judgment Search Results Home > Cases Phrase: hindu marriges validation of proceedings act 1960 Court: kerala Page 1 of about 148 results (0.042 seconds)

Mar 09 2012 (HC)

Jayasree Vs. Vivekanandan

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 .....

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Nov 18 2015 (HC)

Deepti Rajan Vs. R. Rajasekhar

Court : Kerala

..... filed with respect to the marriage solemnized within its jurisdiction, under provisions of the hindu marriage act. whether it is voidable marriage or not, is a question which need to be decided only in a proper proceedings instituted seeking such relief. hence this court is of the considered opinion that there ..... the marriage is solemnized when an earlier spouse in an earlier marriage living. 14. but, a question may arise as to which is the valid marriage when two marriages are solemnized between the same spouses, either within the same country or within different countries. there may be occasions arising ..... (ii) that while the first marriage was subsisting the spouse concerned had contracted a second marriage, and (iii) that both the marriages must be valid in the sense that the necessary ceremonies required by the personal law governing the parties had been duly performed. in bhaurao shankar lokhande v. state ..... marriage which was conducted at kollam on 06-04-2009, is not in dispute. the question as to whether the parties have entered into a valid marriage at singapore and as to whether they were living together as husband and wife, are matters to be considered after taking evidence. the ..... it is pointed out that the above fact was conceded in the original petition itself. contention is that the marriage registered at singapore is legally valid and was allowed to subsist all along. hence it is contended that the original petition filed before the family court is not maintainable and .....

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Aug 11 2006 (HC)

Suresh Babu Vs. Leela

Court : Kerala

Reported in : 2006(3)KLT891

..... consideration in this appeal is whether in a petition for dissolution of marriage filed by the wife under section 13(1)(ii) of the hindu marriage act, a hindu husband who embraced islam by conversion could put forward a valid defence that the conversion to islam was with the consent of the wife and thereby avert an order for dissolution of marriage.2. the ..... before or after the commencement of the hindu succession act, 1956, a hindu has ceased or ceases to be a hindu by conversion to another ..... relationship even if one of the spouses ceases to be a hindu by conversion to another, religion, so long as the non converting spouse does not initiate proceeding under the hindu marriage act for divorce.9. conversion of a hindu spouse to another religion has certain civil consequences. sections 26 and 27 of the hindu succession act deal with the same. section 26 provides that where, ..... manner condoned the cruelty. that means the petitioner would not be entitled to relief if he or she has condoned the acts of the other party. section 23 (2) of the hindu marriage act provides that before proceeding to grantany relief under the act, it shall be the duty of the court in the first instance, in every case where it is possible so to .....

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Jan 08 2013 (HC)

Unnikrishnan Vs. Viyyur Police Station

Court : Kerala

..... the light of the decision of the apex court in gian singh v. state of punjab (2012 (4) klt 10.- sc). accordingly, the crl.m.c. is allowed. all further proceedings in c.c. no.3600/2012 on the file of the judicial first class magistrate court-i, thrissur will stand quashed. no costs. (t.r.ramachandran nair, judge) kav/ ..... . it is stated that she has no dispute with her husband and she wants to separate from him and that she completely agrees to have the proceedings quashed since she is not interested to have the proceedings continued any further. it is stated therein that her consent is given with her free will and volition. the crl.m.c.no.154/2013 ..... -2- affidavit is duly signed by the advocate.3. learned counsel for the petitioners submits that a joint petition under section 13b of the hindu marriage act has also been filed before .....

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Feb 14 2005 (HC)

Dy. Director Vs. Manoharan

Court : Kerala

Reported in : 2005(2)KLT641

..... of r.5c(iii) as unconstitutional had been rejected, nevertheless, the tribunal was competent enough to interpret the rule and this court normally will not interfere in such orders in proceedings under art. 226 of the constitution of india. he submits that hra is an admissible benefit, and when there was definite pleadings and evidence put forward to show that this ..... to recover the amount of hra he had drawn. at that time the applicant had approached the tribunal and by an interim order in o.a.no.759/1993 such proceeding were got stayed. however, o.a.no. 759/1993 was dismissed, reserving the right of the applicant to move afresh after the judgment of the family court. it is submitted ..... that on the basis of a joint statement filed between the husband and wife, pointing out that they were living separately from april 1996, (in o.p.(hma) 160/1996) by the order dated 29.2.2000 the family court had dissolved the marriage between the applicant and her wife.4. thereupon, the petitioner had put up a .....

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Dec 17 1965 (HC)

K.P. Bhargavi Amma Vs. C.R. Kuttikrishnan

Court : Kerala

Reported in : AIR1967Ker54; 1967CriLJ199

..... sale was held in execution of a money decree after the death of the sole judgment-debtor. the decree-holder though aware of his death proceeded with the execution without making any application under section 50 for leave to execute the decree against his legal representative and without taking out any notice ..... wanting. and a sale held without this jurisdiction would be void.'as to the effect of the judgment-debtor's death on a pending execution proceeding his lordship said'on the death of a judgment-debtor the decree cannot be executed against him for there is no such thing as execution ..... of the kind and she is therefore, not entitled to impeach the decree obtained against her on the ground of non-service of summons in time proceedings.7. a similar question arose for consideration before the full bench of this high court in madhavan pillai somanatha pillai v. state of kerala, 1965 ..... a decree passed by a competent authority irrgularly is only avoidable and unless and until it is duly annulled it would have all the force of a valid decree.6. the question, therefore, is whether the civil judge of jalgaon had jurisdiction to pass the decree. if the court had inherent jurisdiction, ..... respondent last resided at paruthur amson in tirur taluk and as such the civil judge, jalgaon had no jurisdiction to entertain the petition under the hindu marriage act or later to convert it into a suit and pass a decree declaring that there was a divorce.section 21, civil procedure code is a complete answer .....

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Nov 23 1992 (HC)

Preman Vs. Gopalan

Court : Kerala

Reported in : II(1993)DMC147

..... to the marriage even after the death of the other spouse. while considering the nature of the proceedings and the true construction of the relevant provisions of the hindu marriage act the supreme court observed :'under the general law a child for being legitimate has to be born in ..... the appellant since the main question for decision in that appeal by special leave was whether a petition under section 11 of the hindu marriage act for declaring the marriage of the petitioner as nullity was maintainable after the death of the petitioner's spouse. after referring to ..... reversed that decision and refused the relief finding that the marriage between moothoran and 10th defendant was contracted before the commencement of the hindu marriage act and as such plaintiff was ineligible to claim a share. hence the second appeal which was admitted on the following questions of ..... under section 4 of that act shall be void. the bench held that section 16 of the hindu marriage act does not purport to confer legitimacy on children born of a marriage invalid under ..... hindu marriage act confers the benefit of legitimacy only on those children born of a marriage void under section 11 of the act. in that case the second marriage was contracted in violation of section 5 of the madras marumakkathayam act which provided that any marriage contracted by either of the parties during the continuance of a prior marriage which is valid .....

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Jun 19 2012 (HC)

Hari Kumar Vs. B. Sudha

Court : Kerala

Reported in : 2012(3)KLT888

..... petition are true. 6. similar provision as section 13b of the hindu marriage act was introduced as section 10a in the divorce act and section 28 in the special marriage act. 7. section 23 of the hindu marriage act provides for a decree in the proceedings. it is provided in clause (bb) of sub-section (1 ..... divorce and they may collude together and get a decree of divorce easily by filing a petition under section 13b of the hindu marriage act. section 23 of the hindu marriage act is sufficient to contain such a situation, though it may not be easy for the court to find out whether there ..... result would be compelling unwilling parties to continue the marital relationship. certainly, that is not the purpose and object of section 13b of the hindu marriage act. for the aforesaid reasons, we allow the matrimonial appeal and set aside the order passed by the family court. we also allow the petition ..... respondent stated thus: 2. the present appeal was filed against the dismissal of a petition for divorce filed under section 13b of the hindu marriage act. the marital life existed between the appellant and me had been irretrievable broken down even before the time of filing of the original petition. ..... not want to remarry and the husband is not paying any maintenance to the wife, would not constitute a valid reason to dismiss a petition filed under section 13b of the hindu marriage act. the aforesaid factors are not sufficient to constitute collusion within the meaning of clause (c) of sub-section .....

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Mar 10 2016 (HC)

Deepa Vs. Sasi @ Sivaramakrishnan

Court : Kerala

..... the husband or solely to the wife and further that the power in the nature of things is inherent in the legal proceedings which properly arise under the hindu marriage act and therefore, section 27 does not exclude the general power of the court to pass an appropriate decree in regard to the ..... petitioner is entitled to get any relief in the interim applications referred above, under section 27 of the hindu marriage act. section 27 reads as follows: 27. disposal of property.-- in any proceeding under this act, the court may make such provisions in the decree as it deems just and proper with respect to ..... to both the husband and the wife. 6. on a plain reading of section 27 what is discernible is that, in an already instituted proceeding under the act, the court is vested with power to make such provisions in the decree as it deems just and proper with respect to any property ..... petitioner ought to have claimed in the original petition or by a separate original petition. therefore, it was held that, section 27 of the hindu marriage act has no application since the relief claimed in the interlocutory applications was not with respect to any of the properties jointly belonging to the spouses. ..... kamta prasad since what is contemplated under section 27 of the hindu marriage act, is a power conferred on the court to make any provision with respect to any property jointly belonging to the husband and wife by way of a summary proceedings. true, it may be a property received individually and used .....

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Oct 28 1965 (HC)

Khan Bahadur Chowakkaran Keloth Mammad Keyi Vs. Wealth Tax Officer, Ca ...

Court : Kerala

Reported in : AIR1966Ker77; [1966]60ITR737(Ker)

..... .'54. i may next refer to the decision of a division bench of this court in essa ismail v. state of kerala, 1965 ker lt 944. the validity of the kerala plantations (additional tax) act 1960, was attacked inter alia on the ground that while seven enumerated plantations have been taxed, some other plantations similarly placed had been omitted from the purview of ..... their new religion. there is no information as to how many christian families are followers of hindu law of joint family. the act no doubt is a permanent one and the number of assessable families, hindu or non-hindu, may vary from year to year. but the court can proceed only upon tangible data. considering the vast population that inhabit this sub-continent, hinduism being ..... respondent dated 28-8-1964 gives the figures of the 'mappila or mohammedan and other non-hindu undivided families, which are in the ordinary course liable to assessments to wealth tax from 1957-58 onwards in respect of the whole of india.' i would therefore proceed on the assumption that there are in fact a few such families within the purview of ..... the predominant religion, and hindu joint family system in all its forms being the prevailing system of enjoyment .....

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