Court : Allahabad
Reported in : AIR2004All92; 2003(4)AWC2758
..... * the permanent alimony and maintenance is governed by sections 24 and 25 of the act and can be given to the parties only if they are unable to maintain themselves. ..... the husband filed a divorce petition on 19.3.1991 on the ground of cruelty, adultery and fraud under section 13 of the hindu marriage act (the act). .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(1)AWC184; 1998CriLJ1968
..... the prior proceedings between the parties, the undisputed divorce between them prior to the lodging of the complaint, non-demand of the properties under section 27 of the hindu marriage act by the wife in the divorce proceeding suggest that the complaint was but a vent of ex-vengeance against the husband. ..... but this opinion is not to be sufficient to prove a marriage in proceeding under the indian divorce act or in prosecutions under sections 494, 497 or 498, i.p.c. ..... section 50 of the evidence act may be relevant in this respect. ..... covers an act when a person with fraudulent intention goes through a ceremony of being married knowing that he was thereby not lawfully married. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1973All94
..... this section reads as below:'every petition under this act shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction the marriage was solemnised or the husband and the wife reside or last resided together.'4. ..... it is section 19 of the hindu marriage act which gives jurisdiction for a petition for dissolution of marriage. ..... thus all these decisions clearly go to show that a casual visit or a temporary visit with an intention other than to reside would not confer a jurisdiction under section 19 of the hindu marriage act to entertain the petition.11. ..... in the indian divorce act, there is a provision that the petition for divorce can be filed where the husband and wife reside or last resided together. ..... therefore, we have to look into these decisions because they would be of help in deciding as to what is meant by the words 'reside' and 'last resided together' occurring in section 19 of the hindu marriage act.6. ..... these cases are under different statutes and not under the hindu marriage act. ..... judge, dehradun, upsetting the order of the civil judge regarding return of the plaint and holding that dehradun court had jurisdiction to hear the petition filed by the respondent under section 13 of the hindu marriage act.2. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1979All285
..... the deputy land acquisition officer air 1961 sc 1500; and submitted that as in a case of an award under the land acquisition act, the date of the decree should also be deemed to be the date of its communication. ..... rights which is the most material part of it and where the party bound by such a decree chooses not to perform his or her part of the obligation for a period of one year or upwards section 13(1-a)(ii) of the hindu marriage act gives either party a right to apply for dissolution of the marriage by a decree of divorce. ..... learned counsel for the appellant, however, relied on certain cases on land acquisition act, such as raja harish chandra raj singh v. ..... the provisions of section 23(ii) of the hindu marriage act are not absolute. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1985All155
..... in para 56 the supreme court further observed that the evidence showing that the spouses led a normal sexual life even after a series of acts of cruelty by one spouse is proof that the other spouse condoned that cruelty. ..... , in western countries divorce can be claimed also on any very petty ground which would be considered flimsy by the indian society and in the matter of annulment of marriage and divorce the provisions under the hindu marriage act are not so liberal and wide as under the english law. ..... under section 12 of the hindu marriage act voidable marriages have been considered providing for annulment of marriage including on ground of fraud and then section 12(2)(ii) of the act provides that the petition in annulling the marriage on ground of fraud as provided under section 12(l)(c) of the act, shall not be entertained if the petitioner has with his or her full consent lived with the other party to the marriage as husband or, wife after.... ..... the trial court decreed the petitioner's claim under section 12 of the hindu marriage act that is for annulment. ..... 1979 concluded that it amounts to condonation and the bar concerning condonation under sections 12 and 23 of the hindu marriage act is attracted. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1980All130
..... it appears from a reading of the order that while the wife examined her father as a witness, the husband filed an affidavit but led no oral evidence in the proceedings under section 24 of the act.it does not appear from the judgment of the learned district judge that the said point was raised before him. ..... the applicant-husband had filed the petition for divorce under section 13 of the hindu marriage act, in which the application for maintenance pendente lite and expenses of the proceedings was made by the wife under section 24 of the act.2. mr. l. m. ..... moreover the language of section 24 of the hindu marriage act is clear. ..... 300/- per month as maintenance pendente lite from 12th september, 1978 (sic) when the application for the same was made, under section 24 of the hindu marriage act. .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(2)AWC891
..... any allegation made in the proceedings under section 24 of the hindu marriage act could not be said to be the pleadings of the parties in the suit. ..... 530 of 1993 filed by the wife under section 9 of the said act for restitution of conjugal rights.3. ..... 808 of 1993 filed by the respondent husband for divorce under section 13 of the hindu marriage act and dismissing suit no. ..... the papers referred to by the learned counsel for the respondent-husband are objection, affidavit and rejoinder filed by the wife against the application under section 24 of the hindu marriage act. ..... according to section 102 of the evidence act. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1988All239
..... the charge of adultery or illicit connection made against the husband the trial court also came to the conclusion relying on a large number of facts and circumstances relevant to the issue that the appellant had by her acts and omissions caused extreme mental torture to the husband by making false and baseless accusations of adultery against the husband amongst the circle of his friends and relations causing him unlimited embarrassment. ..... both the courts below have, on a careful and exhaustive analysis of the evidence on record, accepted the plea of the husband holding that the appellant had, by her repeated acts and omissions, inflicted on the husband considerable mental torture making his life impossible. ..... it was lastly asserted that the acts of cruelty committed by the appellant against the respondent were so persistent and repeated as caused a reasonable apprehension in the mind of the husband that it would be harmful and injuries for him to live with the appellant.4. ..... this second appeal is directed against concurrent judgments and decrees passed by the courts below allowing the petition of the respondent for divorce against the appellant under section 13 of the hindu marriage act. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1984All302
..... the proceedings initiated by the opposite party sri sharma for the annulment of the marriage under the provisions of hindu marriage act but assuming without deciding that it is part of the proceedings so initiated under the provisions of hindu marriage act: the applicant cannot claim expenses for this application and monthly allowance independent of the initial proceedings. ..... 84 and on that day the applicant moved an application under section 24 of the hindu marriage act for an order to the respondent to pay to the applicant the expenses of the present transfer application pending in this court and for monthly maintenance from the date of service of the notice of the petition ..... the fact that the application under section 24 of the hindu marriage act has been moved when the proceedings in this court were on its last legs does make ..... from the initial word of the section quoted above, an order of maintenance pendente lite and costs of the proceedings can be made only in a proceeding under the hindu marriage act and only for the period 'during the proceedings. ..... down that :-- 'where in any proceeding under this act it appears to the court that either the wife or husband, as the case may be has no independent income sufficient for her or his support and the necessary expenses of the proceedings it may on the application ..... under section 24 of the hindu marriage act one can claim maintenance pendente lite and expenses for the entire proceedings and not for each and every application and step .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1986All336
..... or receptable in which such essential commodity is found; and (c) any animal, vehicle, vessel or otherconveyance used in carrying such essentialcommodity : provided that, without prejudice to any action that may be taken under any other provision of this act, no foodgrain or edible oil-seeds seized in pursuance of an order made under section 3 in relation thereto from a producer shall, if the seized foodgrains or edible oilseedshave been produced by him, be confiscated under the section : provided further that ..... proviso to sub-section (2) says that where the seized essential commodity is a commodity whose retail price has been fixed by the central government or the state government under the act or any order made thereunder the collector may, for its equitable distribution and availability at fair price order the same to be sold through fair price shops at the price so fixed.9. ..... 11-11-1985 passed by the additional district magistrate under sub-section (2) of section 6a of the essential commodities act directing for the sale of rice seized from truck nos. ..... for this purpose, we may quote sub-sections (1) and (2) of section 6a of the essential commodities act, which read as under :--'6-a. ..... the authority while making an order under section 6a(2), however, is expected to act fairly.14. ..... it is to be noted that both in sub-section (1) and in sub-section (2) of section 6a the collector of the district concerned or the presidency town concerned, is the officer empowered to act. .....
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