Court : Allahabad
Reported in : II(1996)DMC422
..... her neither the petitioner nor the respondent appeared before the court (as is revealed from the record of proceedings) and the trial court without adhering to the due procedure of law and the rules framed under the hindu marriage act and the family courts' act as also the provisions of code of civil procedure passed the impugned decree in great haste. violation of ..... not shown not shown not shown not shown22.3.95 not shown last case not shown not shownwithdifferentink).________________________________________________________________note :(i) overwriting in respect of date of 22.3.95 in proceedings dated 25.2.95.(ii) oath commissioner's register do not bear any signatures of the deponent (s.no. 4102 green register).(iii) neither notice inviting objections to ..... learned counsel for the respondent also placed reliance on two decisions of the apex court in the case of satyanarayan laxminarayan hedge and ors. v. mallikarjun bhavanappa tirumale reported in : 1scr890 , and mohd. yunus v. mohd. mustagim and ors. reported in : 1scr211 on the proposition of law that a mere wrong decision without anything more is not enough ..... hindu marriage act, and therefore any appeal or revision would lie to the district judge and not to high court. in support of this contention he referred to two decisions, one of this court in the case of major dalchand singh pratap v. swarn pratap : air1965all46 , and the other of bombay high court in gangadhar rukhamji v. manjulal gangadhar air 1960 bombay .....Tag this Judgment!
Court : Orissa
Reported in : AIR1978Ori163; 45(1978)CLT558
..... the value of the subject-matter of the suit for the purpose 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 sections 14 ..... would accordingly hold:--(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 of valuation an appeal would not lie against decrees of such courts to the high court.(2) the appellate forum ..... court in the case of paras ram v. janki bai, air 1961 all 395. delivering the decision of the full bench, desai, ag. c. j, observed (at p. 396):--'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 ..... case of gangadhar rakhamaji v. manjulal gangadhar, air 1960 bom 42, examined the same question in the light of the definition of 'district court' and a notification authorising the civil judge to entertain proceedings under the act. the court observed (at pp. 43-44):--'... ... ... thus under the expression 'district court' as used in the hindu marriage act comes all city civil courts, all courts of .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 2000(2)ALD(Cri)686; 2000(3)ALLMR(SC)251; 2000(1)ALT(Cri)363; 2001(1)BLJR499; 2000CriLJ2433; II(2000)DMC1SC; JT2000(5)SC617; 2000(4)SCALE176; (2000)6SCC224; 2000(2)LC1113(SC
..... be void by reason of its taking place during the life-time of such husband or wife.24. we have already seen above that under the hindu marriage act, one of the essential ingredients of the valid hindu marriage is that neither party should have a spouse living at the time of marriage. if the marriage takes place in spite of the fact that ..... the answer to the real question involved in the case has to be found.17. section 5 of the hindu marriage act prescribes the conditions for a valid hindu marriage. a portion of this section , relevant for our purposes, is quoted below:5. conditions for a hindu marriage.- a marriage may be solemnized between any two hindus, if the following conditions are fulfilled, namely:(i ..... for the . offence of bigamy. it also follows that if the first marriage was solemnized under the hindu marriage act, the 'husband' or the 'wife', by mere conversion to another religion, cannot bring to an end the marital ties already established on account of a valid marriage having been performed between them. so long as that marriage subsists, another marriage cannot be performed ..... proceedings are taken and a decree is made as provided by the native converts marriage dissolution act.35. in the case of gul mohammad v. emperor , the high court held that the conversion of a hindu wife to mahomedanism does not, ipso facto, dissolve the marriage with her hindu husband. it was further held that she cannot, during his life-time, enter into a valid .....Tag this Judgment!
Court : Chennai
..... a great deal of discussion on the legislative history of the hindu minority and guardianship act. as we have already seen, a child marriage was recognized as a valid marriage in hindu law despite the implementation of the child marriage restraint act, 1929. even in the hindu marriage act, 1955 as it was originally brought into force as per ..... right of the person who seeks custody and grant of custody in a habeas corpus proceeding shall not prejudice the legal rights of the parties to approach the civil court for appropriate relief. v. whether a minor girl has reached ..... minor girl, he may apply to the court to set her at liberty if she is illegally detained by anybody. iv. in a habeas corpus proceeding, while granting custody of a minor girl, the court shall consider the paramount welfare including the safety of the minor girl not withstanding the legal ..... minor girl as between the husband and the parents. while exercising the jurisdiction under article 226 of the constitution of india, in a habeas corpus proceeding, the division bench presided over by hon'ble mr.justice v.s.sirpurkar [as he then was] held as follows:- again the question of ..... very recently, in ruchi majoo v. sanjeev majoo, (2011) 6 scc 479, the hon'ble supreme court in para 58 has held as follows:- proceedings in the nature of habeas corpus are summary in nature, where the legality of the detention of the alleged detenu is examined on the basis of affidavits .....Tag this Judgment!
Court : Delhi
..... court. the respondent has sought to confuse the issue by asserting that she has a right not to give her consent to proceed further under section 13-b(2) of the hindu marriage act after the ?cooling off? period of 6 months has expired. no doubt, the respondent cannot be compelled to give her consent ..... reference in cont.cas(c) 772/2013 and connected matters page 12 of 64 (b) the court may permit, in any proceeding for contempt of court, justification by truth as a valid defence if it is satisfied that it is in public interest and the request for invoking the said defence is bonafides.? decisions ..... orders are not set aside. they have not been declared or held to be null and void in any proceedings. therefore, the... respondents cannot assume for themselves that the undertaking given by them is not valid or that therefore they need not comply with it.20. the principles relating to contempt are clear. the ..... had made the following submissions:-"(i) that mutual consent is a sine qua non for passing a decree of divorce and the said consent must be valid and subsisting until the time a final decree of divorce is passed. for the said proposition, reliance was placed on the judgment of the supreme court ..... of eviction becomes unexecutable for any reason, that will not absolve the person giving the undertaking to court, from acting in terms of it. xxx xxx xxx22 we are of the view that the validity of order of eviction, has nothing to do with a contempt action taken for any willful breach of solemn .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1969Bom423; (1969)71BOMLR340
..... permanent injunction and order both by themselves and by their agents and servants, from attaching, or continuing to attach, or from selling or dealing with or disposing or taking any proceedings relating to or from interfering with the plaintiff's rights in relation to the said property, being 'american view', situated at oomer park, bhulabhai desai road, bombay 26, or any ..... to sale which they are not entitled to do. the plaintiff contends that the defendants, had no right to attach or to continue the attachment of the said property in proceedings for recovery of income-tax due by her deceased husband. in the plaint, the relief prayed for is only for an injunction in the following terms: 'that the defendants be ..... similar question arose before allahabad high court in the case of paras ram v. janki bai, : air1961all395 (fb). in an appeal from an order under section 24 of the hindu marriage act, 1955 made by the civil judge. kanpur, the question arose whether in view of the fact that the subject-matter was incapable of monetary valuation, the appeal would lie to ..... residuary jurisdiction of the bombay high court on its original side.14. section 3 of the bombay city civil court act, 1948 provides that the city civil court shall have jurisdiction to receive, try and dispose of all suits and other proceedings of a civil nature not exceeding rs.10,000/- in value and arising within the greater bombay except suits or .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1965All46
..... but powers can be conferred on the civil judge also and in that case an appeal would lie to the district judge. in the companies act, liquidation proceedings can be taken both before the high court as also before the district judge under certain circumstances but so far no one has contended, and ..... a petition to the district court praying for a decree for judicial separation' the use of the word 'decree' also connotes that the proceedings under section 10 of the act are in the nature of a civil suit from which it can reasonably follow that the petition is in the nature of a plaint. ..... decrees and orders of the court made in the exercise of its original civil jurisdiction are enforced'. this would also show that a proceeding under section 10 as other sections of the act is in the nature of a regular suit, with the result that the provisions of order 7, rule 1, c. p. ..... all lj 432 was based on its own facts. he, therefore, referred the following question to a larger bench.'whether in a petition under the hindu marriage act valued at less than rs. 1000/- an appeal lies to the high court or not?'the reference came up before us for hearing on 21st november ..... respondent, filed a petition under section 10 of the hindu marriage act (hereinafter referred to as the act) for judicial separation from her husband major dal chand singh pratap, the appellant. in these proceedings two applications, one under section 24 and the other under section 25 of the act were made by mrs. swarn pratap. by means of .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1961All395
..... 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 ..... because the forum of appeal does not depend upon in which court it was presented.section 28 lays down that an order made by the court in any proceeding under the act 'may be appealed from under any law for the time being in force.' the court of a civil judge in the state is created under the bengal ..... 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 ..... was not capable of pecuniary valuation and it could not be said that it exceeded any sum of money. consequently, the appeal from an order passed in a proceeding started on the petition lay to this court.it would lie to the court of the district judge only if it could be predicated that the valuation of ..... 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 : AIR1984Ori151
..... would accordingly hold:-- (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 of valuation an appeal would not lie against decrees of such courts to the high court. (2) the appellate forum ..... is a petition for maintenance and in view of the provisions contained in rule 3 (a) of the hindu marriage and divorce rules. 1956 requiring every proceeding under the act to be registered as a suit and section 7(ii) of the court-fees act. 1870 providing that the valuation in a maintenance suit shall be deemed to be five times the amount claimed ..... must be governed by section 7(ii) of the court-fees act. 1870. according to the learned counsel, under rule 3 (a) of the hindu marriage and divorce rules. 1956 made by this court, every proceeding under the act shall be registered as a suit and therefore the proceeding under section 26 of the act initiated by the mother on behalf of her two children being ..... a separate proceeding must also be registered as a suit and consequently the valuation .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : II(1993)DMC614; (1994)106PLR12
..... so, it is not permissible to apply the provisions of section 23(1)(a) based as they are on the concept of wrong-disability to proceedings in which relief is claimed under section 13(1a) based as they are on the concept of broken down marriage.'13. learned single judge relied upon ..... as between the parties to the marriage for a period of one year after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties. the period of two years has been curtailed by an amendment brought out in section 13 in the year 1976. ..... there had been non-compliance of the decree for restitution of conjugal rights. amendment aforesaid was introduced in section 13 by section 2 of the hindu marriage amendment act, 1964. original section 13 as it stood before the 1964 amendment permitted only the spouse who had obtained the decree for restitution of conjugal ..... of conjugal rights. we are, therefore, clearly of the view that it is not a kind of resumption of cohabitation which is contemplated under the hindu marriage act, 1955, resumption of cohabitation is to be by volition of both the parties or by reconciliation and it cannot be a mere attempt by one ..... 1980. for non-compliance of the decree for restitution of conjugal rights, husband, this time instituted a petition under section 13(1a) of the hindu marriage act, 1955 claiming a decree for divorce on the solitary ground that after passing of the decree for restitution of conjugal rights, there had been no cohabitation .....Tag this Judgment!