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Judgment Search Results Home > Cases Phrase: hindu marriges validation of proceedings act 1960 Page 2 of about 4,341 results (0.154 seconds)

Jun 22 2000 (HC)

Smt. Basanti Bose Vs. Civil Judge (Senior Division) and ors.

Court : Orissa

Reported in : 90(2000)CLT426; 2000(II)OLR252

..... 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 ..... , appeal can be filed before the district judge depending upon the valuation, it is not understood as to how decision of the civil judge (senior division) in a proceeding under the hindu marriage act cannot be challenged before the district judge subject of course, to the question of pecuniary jurisdiction. in fact, in view of the decision reported in ilr 1978 cutt. 559 ..... 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 .....

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Oct 09 2007 (HC)

Charanjit Kaur Nagi Vs. Govt. of N.C.T. of Delhi and ors.

Court : Delhi

Reported in : I(2008)DMC45

..... 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 to ..... drawn by the respondents that both the spouses have to be physically present before the registrar and satisfy him through declarations that the marriage is a valid one; besides they have to disclose other particulars. the declaration sought apart from details such as name, age, relationship of the parties before marriage ..... 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) ..... be registered compulsorily in terms of the act. of course judgments of the supreme court have directed that all marriages in india ought to be registered. but that apart the status of such unregistered marriages has not been spelt out - the requirements of a valid hindu marriage are provided under section 5. ..... 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 the registrar or withheld .....

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Apr 30 1992 (HC)

Sangeeta Balkrishna Kadam Vs. Balkrishna Ramchandra Kadam

Court : Mumbai

Reported in : AIR1994Bom1; 1994(1)MhLj230

..... to them when petitions were heard and disposed of by the city civil court can never be disputed. under these circumstances, the subordinate civil court trying a matrimonial proceeding under the hindu marriage act would be justified in passing appropriate orders by having resort to the powers vested in them under section 151 of the code of civil procedure. in this regard, mr ..... is the subject matter of the matrimonial jurisdiction regardless of whether it was presented at or about the time of the marriage. section 27 of the hindu marriage act reads as follows:-- '27. in any proceeding under this act, the court may make such provisions in the decree as it deems just and proper with respect to any property presented, at or about the ..... 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 ..... of rs. 600/- per month from the date of the decree as maintenance for the three children. 3. the present appellant filed first appeal no. 15 of 1989 impugning the validity of the judgment and decree in question. this first appeal came to be disposed of by judgment and order dated 11-6-1991 by our brother patankar, j. the appeal .....

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Mar 11 1983 (HC)

Pavuluri Murahari Rao Vs. Povuluri Vasantha Manohari

Court : Andhra Pradesh

Reported in : AIR1984AP54

..... for a period of one year ro upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.' '23. decree in proceedings: in any proceedings under this act, whether defended or not, if the court is satisfied that :- (a) any of the grounds for granting relief ..... the wife stayed with her husband for a day and returned to her parents house. the wife filed a petition under section 12 (of the hindu marriage act 1955 which was dismissed. later the husband filed a petition for restitution of conjugal rights on the ground that the wife has withdrawn from his society ..... divorce. the division bench consisting of s. h. sheth and jeevan reddy, jj. held on interpretation of section 13(1-a) of the hindu marriage act that the husband was entitled to decree for divorce in the absence of resumption of cohabitation by volition of both the parties within two years after ..... for consideration before the court below was whether the petitioner is entitled to dissolution of the marriage under section 13(1-a)(ii) of the hindu marriage act. on a survey of decisions, the court below came to the conclusion that section 13(1-a)(ii) is subject to the provisions of section ..... conjugal rights is by itself sufficient to enable the petitioner-appellant to ask for dissolution of marriage under section 13(1-a)(ii) of the hindu marriage act and that this petition was filed more than one year after the decree was passed and as such the decree for dissolution of marriage is .....

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Feb 28 2009 (HC)

Megh Prasad Vs. BhagwantIn Bai

Court : Chhattisgarh

Reported in : 2009(2)MPHT91(CG)

..... by custom or conferred by any special enactment to obtain the dissolution of a hindu marriage, whether solemnized before or after the commencement of this act.(3) nothing contained in this act shall affect any proceeding under any law for the time being in force for declaring any marriage to ..... does not include any wife of second marriage during subsistence of her first marriage. the learned court below has committed illegality. the act, 1955 applies to all hindu marriages. finding of the court below is not sustainable and deserves to be set aside.10. consequently, the appeal is allowed. ..... additional district judge has awarded maintenance of rs. 1,000/- per month to the respondent under section 18 of the hindu adoptions and maintenance act, 1956 (for short 'the act, 1956').2. the order is challenged on the ground that the respondent who is second wife of the appellant is not ..... hindu marriage may dissolve by a decree of divorce in accordance with section 13 of the act, 1955 and there is no other form of divorce in the act, 1955. section 29 of the act, 1955 reads as follows:29. savings.- (1) a marriage solemnized between hindus before the commencement of this act, which is otherwise valid ..... , shall not be deemed to be invalid or ever to have been invalid by reason only of the fact that the parties thereto belonged to the same gotra or pravara or belonged to different religions, castes or sub-divisions of the same caste.(2) nothing contained in this act .....

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Apr 25 1984 (HC)

Ramjibhai Lalbhai Patel Vs. Shantaben

Court : Gujarat

Reported in : AIR1984Guj167

..... of the allahabad high court in the case of paras ram v. janki bai : air1961all395 . delivering the decision of the, full. bench desai. acting c. j. observed at page 396 as under:-'a proceeding under see. 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 ..... civil court which may be specified by the state government by notification in the official gazette, as having jurisdiction in respect of the matters dealt with in this act:'it is true that so far as the provisions of the hindu marriage act and the proceedings thereunder are concerned, an assistant judge would indeed be a district judge under section 3(b) of the ..... also observed that a special court having been created as the court having exclusive jurisdiction under hindu marriage act it is not necessary to put a pecuniary valuation on the relief clamed under that act and the proceedings do not fall under section 20. c. p. and berar courts act. it is clear that i am not required to go into the discussion of this ..... division bench in ambi pundelik's case (air 1960 bom 521) (supra). the division bench in nrusingh charan's case (supra) held as under:-'(1) courts other than the principal civil court of original jurisdiction which by notification made under section 3(b) of the hindu marriage act are conferred with jurisdiction to entertain proceedings under the act are not 'district court proper' and irrespective .....

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Mar 31 1959 (HC)

Ambi Pundalik and anr. Vs. Pundalik Shankar

Court : Mumbai

Reported in : (1959)61BOMLR1167

..... the provisions of rule 311.(7) then the question is whether it is possible or necessary to put any valuation upon the claims made in proceedings under the hindu marriage act. reliefs claimed in these proceedings are either for restitution of conjugal rights or for divorce or for custody of wife and children and so on. these reliefs are in the very nature of ..... .' mr. khare therefore contended that the valuation of a proceeding for restitution of conjugal rights of a proceeding for restitution of conjugal rights is an artificial value fixed by this rule, which is rs. 400/-. if this argument is ..... following classes shall, for the purposes of the court-fees act, 1870, the suits valuatio act, 1887, and the central provinces courts act, 1917, be treated as if the subject matter of such suits were f the value of four hundered rupees: (1) suits for the restitution ofconjugal rights, for declaration of the validity of marriage, or for a divorce; (2) suits for the ..... custody or guardianship of a minor; and (3) suits for a declaration that an adoption is valid or invalid .....

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Jun 13 2001 (HC)

Smt. Reeta Bharat Arora Vs. Bharat Yasodanandan Arora @ Dhingra and or ...

Court : Mumbai

Reported in : 2001(4)BomCR1; (2001)3BOMLR636; I(2002)DMC136; 2002(1)MhLj7

..... ix rule 13 of the code of civil procedure were applicable to the proceedings under the hindu marriage act, but that, by virtue of section 21 of the hindu marriage act, article 123 as well as section 5 of the limitation act, 1963 was applicable to the suits and other proceedings under the hindu marriage act, 1955. mr. angal, therefore, submitted that there was nothing wrong when the family ..... view of the supreme court judgment in smt. lila gupta v. laxmi narain. mr. grover drew our attention to section 15 of the hindu marriage act, 1955 and submitted that reeta's marriage with bharat was a legal and valid marriage, inasmuch as, it was solemnised after ex parte decree dissolving marriage of bharat with indu was passed on 12th september, 1989, and ..... contravention of conditions (i), (iv) and (v) of section 5 only, void, two incontrovertible propositions emerge from a combined reading of sections 5 and 11 and other provisions of the act, that the act specifies conditions for valid marriage and a marriage contracted in breach of some but not all of them renders the marriage void. the statute thus prescribes conditions for ..... bharat. no finding was given by the family court on the issue whether indu succeeded in proving that her marriage with bharat solemnised on 26th january, 1981 was legally and validly subsisting. nosuch finding could be given by the family court, inasmuch as, letters patent appeal on this very issue was pending before this court.18. both the letters patent appeals .....

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Jun 13 2001 (HC)

Reeta Bharat Arora Vs. Bharat Yasodanandan Arora @ Dhingra and ors.

Court : Mumbai

Reported in : 2001(3)ALLMR649

..... ix rule 13 of the code of civil procedure were applicable to the proceedings under the hindu marriage act, but that, by virtue of section 21 of the hindu marriage act, article 123 as well as section 5 of the limitation act, 1963 was applicable to the suits and other proceedings under the hindu marriage act, 1955. mr. angal, therefore, submitted that there was nothing wrong when the family ..... supreme court judgment reported in : [1978]3scr922 smt. lila gupta v. laxmi narain. mr. grover drew our attention to section 15 of the hindu marriage act, 1955 and submitted that reeta's marriage with bharat was a legal and valid marriage, inasmuch as, it was solemnized after ex parts decree dissolving marriage of bharat with indu was passed on 12th september, 1989, and ..... contravention of conditions (i), (iv) and (v) of section 5 only, void. two incontrovertible propositions emerge from a combined reading of sections 5 and 11 and other provisions of the act, that the act specifies conditions for valid marriage and a marriage contracted in breach of some but not all of them renders the marriage void. the statute thus prescribes conditions for ..... bharat. no finding was given by the family court on the issue whether indu succeeded in proving that her marriage with bharat solemnized on 26th january, 1981 was legally and validly subsisting. no such finding could be given by the family court, inasmuch as, letters patent appeal on this very issue was pending before this court.19. both the letters patent .....

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Jan 08 2003 (HC)

Mahadev Jyoti Umrani Vs. Smt. Sumitra

Court : Karnataka

Reported in : 2003(2)KarLJ139

..... 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 section 8(2) of the ..... muniswamappa, supra, the learned single judge has distinguished the decision in the case of mallappa, supra, on the ground that though the proceedings arose under the hindu marriage act, the forum of appeal was governed by the bombay civil courts act, under which the district court was the court of appeal from all decrees and orders passed by subordinate courts from which an appeal ..... high court. if it 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 ..... the 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 .....

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