Court : Madhya Pradesh
Reported in : 2003(3)MPHT171; 2003(2)MPLJ468
..... these are two appeals under section 28 of the hindu marriage act, 1955 (hereinafter to be referred to as 'the act') by the husband against the judgment and decree by which his application under section 13 of the act for divorce has been rejected and the application of the wife under section 9 of the act for restitution of conjugal rights has been allowed.2. ..... it has been further observed that from the explanation to section 13(1)(i-b) of the hindu marriage act, 1955 it is clear that the legislature intended to give to the expression a wide import which includes wilful neglect of the petitioner by the other party to the marriage. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : I(2005)DMC690; 2005(1)MPHT360; 2005(1)MPLJ356
..... decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnised before or after the commencement of the marriage laws (amendment) act, 1976, on the ground that they have not been living separately for a period of one year or more, that they have not been able to live together and that they have mutually ..... (2) the government has also decided to amend section 39 of the special marriage act, 1954 and section 28 of the hindu marriage act, 1955 to provide respectively that the parties to a matrimonial suit could prefer appeal within a ..... proposed amendment to sections 31 and 19 of the special marriage act, 1954 and the hindu marriage act, 1955 respectively are based on the recommendations of the law commission of ..... of presentation of the petition; or](iv) the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is, at that time, residing outside the territories to which this act extends, or has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he were alive.'11. ..... - the special marriage act, 1954 and the hindu marriage act, 1955 provide that a petition for relief under the provisions of these acts shall be presented to the district court within the limits of whose original jurisdiction the marriage was solemnized or the respondent, at the time of the presentation of the petition, resided .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2004MP18; II(2003)DMC59; 2003(3)MPHT51; 2003(2)MPLJ489
..... by impugned judgment and decree the trial court dismissed the petition for divorce under section 13 of the hindu marriage act, 1955 ('act' for short) by the husband against the hindu wife and allowed counter claim for recovery of stridhan of the respondent wife from the appellant/husband. 2. ..... on the plea that the husband was trying to take benefit of his own wrong, the hon'ble apex court had taken a liberal view of the word 'wrong' used in section 23(1)(a) of the act to mean it some misconduct serious enough to justify denial of relief and had granted the decree. ..... the appellant had pleaded specific acts of the respondent to prove his allegation of cruelty against the respondent. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2002MP123; II(2002)DMC177; 2002(2)MPHT125; 2002(2)MPLJ152
..... the respondent/husband filed a petition under section 13 of the hindu marriage act, 1955 (hereinafter referred to as 'act' for short), praying for a decree of dissolution of marriage and divorce alleging that the father and brother of appellant/wife used to pressurise the respondent/husband to secure his share in the family property ..... /husband had married for the second time on 19-5-1995, and as there appears to be no chance of improvement in the strained relations of the parties, hence a decree for divorce under section 13(1)(i) of the hindu marriage act, 1955 (hereinafter referred to as 'act' for short) deserves to be granted.6. ..... the learned counsel for the appellant submitted that as the trial court held that grounds under section 13(1) of the 'act' alleged by the husband/respondent were not established, therefore, decree for divorce could not have been granted in favour of the respondent/husband merely because the appellant/wife alleged ..... as the respondent/husband has failed to establish any of the grounds under section 13(1) of the 'act' and as he cannot be permitted to take advantage of his own wrong, a decree for divorce in his favour ..... since none of the grounds under section 13 of the 'act' were established by the respondent/husband in his favour, he was not entitled to a decree for divorce, ..... the respondent in his petition sought dissolution of marriage on the grounds under section 13(1)(i) (ia) and (ib) of the 'act', alleging desertion and cruelty by the appellant/wife. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : II(2003)DMC167; 2003(3)MPHT154
..... appellant/wife has preferred this appeal under section 28 of the hindu marriage act, 1955 challenging the part of the judgment and decree dated 16-10-1999 rendered by ixth additional district judge, indore, in hindu marriage case no. ..... consequently, this appeal is partly allowed and marriage between the parties is dissolved by a decree of divorce under section 13(1)(i-a) of the hindu marriage act, 1955 on the ground of cruelty practised by the respondent/husband. ..... if such kind of allegation or accusation is made and if it is also admitted by the husband in the evidence that he is having a serious doubt on the character of the wife then in the opinion of this court it constitutes serious act of cruelty and this itself is a sufficient ground to break down the marriage between the parties by a decree of divorce under section 13(1)(i-a) of the hindu marriage act. 8. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : I(1993)DMC272
..... the husband/respondent filed a petition, under section 13(l)(ia)and 13(l)(ib) of the hindu marriage act, 1955 on the allegations that the appellant/wife left her place of residence in the month of june,' 1985 and inspite of his best efforts to call her back the appellants/wife refused to come back to the respondent's ..... under section 13(l)(ia) of the hindu marriage act, 1955 the plaintiff is entitled to a divorce if after the marriage, if the plaintiff has been treated with cruelly, or. ..... on the perusal of the entire evidence it is established that the appellant/wife and not the plaintiff/respondent has deserted thereby making a ground under section 13(l)(ib) of the hindu marriage act. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : I(1994)DMC286
..... according to him under section 25 of the hindu marriage act, 1955, the question of grant of permanent alimony has to be considered at the time of passing of a decree. ..... section 25 of the hindu marriage act, 1955 very clearly states that any court exercising jurisdiction under the act, may at the time of passing any decree or at the time subsequent thereto, order that the respondent shall pay to the applicant maintenance. ..... 49/92, arising out of the proceedings for divorce under the hindu marriage act of 1955. ..... this clearly shows that an application under section 25(1) of the act can be made and decided at the time of passing of decree or at any time subsequent thereto. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : II(2000)DMC267
..... this appeal under section 28 of the hindu marriage act, 1955 (hereinafter referred to as 'act' for short), is directed against the order dated 4.9.1995 in m.j.c. ..... also been urged by the learned counsel for appellant mat the respondent/wife during the pendency of the divorce proceedings had filed an application for grant of maintenance 'pendente lite' under section 24 of the 'act' which was dismissed by the trial court and the revision against the said order was also dismissed. ..... for the appellant/husband raised a preliminary objection that the present application under section 25 of the 'act' is not maintainable in view of the fact that, the application under section 24 of the 'act' for grant of maintenance pendente lite was dismissed by the trial court.12. ..... that case the wife had filed an application under section 25 of the 'act' during the pendency of the suit filed by her for dissolution of marriage ..... it has, therefore, been urged that the application under section 25 of lite 'act' could not have been allowed and the impugned order granting permanent alimony to the respondent was not ..... therefore, even if the application under section 24 of the 'act' for grant of maintenance 'pendente lite' 'filed by the respondent was disallowed; yet the same could not operate as a bar to the grant of permanent alimony under section 25 of the 'act' as has been urged by the learned counsel for the appellant learned counsel for the appellant in the above regard relied upon the judgment of susheela .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2006MP23; 2005(3)MPHT470; 2005(3)MPLJ564
..... the marriage last resided together and (iv) at the place where the petitioner, is residing at the time of presentation of the petition, in a case where the respondent is, at that time, residing outside the territories to which this act extends, or has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he were alive.5. ..... whereby the court below has allowed an application filed by the respondent - wife under section 13(i) of the hindu marriage act, 1955 and granted divorce on the ground of cruelty.2. ..... the counsel for the appellant the divorce petition was filed by the wife on 21 -8-2002 and according to him as per section 19 of the hindu marriage act prevailing on the date of filing of the divorce petition the morena court had no jurisdiction to decide the present case. ..... of the case are that the respondent - wife filed a petition under section 13 of the hindu marriage act alleging that she married with the defendant 8-11-97 at morena as per the hindu rites. ..... the court in any proceedings under the special marriage act or the hindu marriage act shall be governed under the provisions contained in section 3 or section 5, as the case may be, as if this act came into operation at the time of the institution of the suit: provided that nothing in this section shall apply to a decree or order in which the time for appealing has expired under the special marriage act or the hindu marriage act at the commencement of this .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2004(3)MPHT518; 2004(3)MPLJ609
..... has been filed by the appellant/wife under section 28 of the hindu marriage act, 1955 against the judgment and decree dated 17-1-2001, passed in civil suit no. ..... ivth additional district judge, jabalpur annulling the marriage between the parties under section 12(1)(c) of the hindu marriage act, 1955 (hereinafter referred to as 'act').2. ..... shortly stated the facts are that the respondent/husband had filed a petition seeking decree of nullity of his marriage with appellant, by invoking provisions of section 12(1) (b) and (c) of the act on the ground that his consent for the marriage was obtained by fraud as the appellant/wife has been and is still suffering from schizophrenia and is unfit for marriage and procreation of ..... clause (ii) of section 5; or(c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner [was required under section 5, as it stood immediately before the commencement of the child marriage restraint (amendment) act, 1978], the consent of such guardian was obtained by force (or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent); or(d) that ..... ..... her working as a teacher in school during the pendency of the petition, i find that the trial court has committed absolutely no error in refusing the respondent to grant decree under section 12(1)(b) of the act, thus, i affirm the finding of the trial court on this issue and reject the cross objection of the respondent.16. .....
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