Court : Madhya Pradesh
Reported in : AIR1995MP178; 1995(0)MPLJ105
..... the district judge, on appreciation of evidences, passed an ex parte decree under section 13a of judicial separation instead of decree for dissolution of marriage by a decree of divorce under section 13(1)(ia) of the act.4. ..... the respondent claimed dissolution of marriage by a decree of divorce under section 13(1)(i-a) of treating the husband with cruelty as the appellant used to tease him by making allegations and aspersions against the husband of his illicit relationship with his sister-in-law (brother's wife). ..... husband alleged that conduct and behaviour of the wife was cruel since after the solemnization of the marriage; so much so that she left her matrimonial home in july, 1979 without any cause and thereafter, did not turn up.3. ..... true, when an appeal is filed against an ex parte decree under section 96(2), cpc, that appeal cannot be converted into proceedings for setting aside the decree with the concomitant duty of affording the parties an opportunity of adducing evidence for and against any ground that may be raised in support thereof under order ix, rule 13, ..... 29 of 1984 (decision reported in air 1986 mp 138), preferred against ex parte judgment and decree for judicialseparation passed under section 13a of the hindu marriage act, 1955, for short, the 'act' by the district judge, gwalior, on 15-9-1981.2. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : I(1997)DMC580
..... on this ground alone it was pleaded that since the non-applicant ceased to be a hindu, he is entitled to divorce under section 13 of the hindu marriage act (hereinafter referred to as 'the act', for short).3. ..... the applicant, after service of notice upon her, raised an objection under order vii rule 11 read with section 151 of the code of civil procedure to the effect that no cause of action subsists in favour of the non-applicant to obtain a decree of divorce.4. ..... in view of this legal position, the revision succeeds and is allowed; and the application filed by the non-applicant before the trial court under section 13(1)(ii) of the hindu marriage act is rejected. ..... the position has not changed after coming into force of the hindu marriage act, 1955 (the act) rather it has become worse for the apostate. ..... the argument of the learned counsel for the applicant is that the non-applicant, who has converted himself in to a muslim, cannot file an application for divorce under section 13(1)(ii) of the act. ..... we, therefore, hold that under the hindu personal law as it existed prior to its condification in 1955, a hindu marriage continued to subsist even after one of the spouses converted to slam. ..... there was no automatic dissolution of the marriage. 15. ..... 'this ground can only be claimed by another party and not by the party who himself converted into another religion. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1966MP205
..... pritam singh, air 1963 punj 242; judicial separation was decreed on the ground of cruelty within the meaning of section 10(1) of the hindu marriage act, where the husband charged the wife with immorality and adultery, and persisted in his charge. ..... this is an appeal under section 28 of the hindu marriage act, 1955 (hereinafter called the act). ..... he filed a criminal complaint against her under section 494 of the penal code, alleging that she had contracted another marriage with one chhinga. ..... before the enactment of the hindu marriage act, judicial separation was not known to hindu law. ..... in 1961 the appellant made an application under section 10 of the act for judicial separation on the ground that the respondent had deserted her for a continuous period of more than two years immediately preceding the presentation of the petition and further that he treated her with ..... with a law enabling dissolution of marriage, they rush to the court and try to wash their dirty linen. ..... even in these proceedings, the respondent made no endeavour to prove any marriage between her and chhinga, his statement is curious enough. ..... 'cruelty' within the meaning of section 10(1)(b) of the act postulates a treatment of the petitioner with such cruelty as tocause a reasonable apprehension in the petitioner's mind that it will be harmful or injurious for the petitioner to live with the other party ..... and, if they have foolish advisers, fuel is added to fire; their problems are converted from mole hills into mountains. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1981MP244
..... an analysis of the later decision shows that if one of the partners takes premises on lease, it could be said that he acted as agent of the partnership firm as is contemplated under section 18 of the partnership act; and as when the business was transferred to the second firm of which the person who took the lease was not even a partner, their lordships felt the difficulty that he could not ..... smt, shambai, air 1954 nag 160 the nagpur high court has held that where a tenant carrying on business in the demised shop converts the business into a partnership business and allows the latter business to be carried on in the demised premises, it would amount to subletting because the partnership 'was clearly a personality in law distinct from that ..... admittedly, in the present case no order was passed under section 13 (2) of the act, the operation of the provisions contained in sub-section (1) of section 13 of the act remained suspended in view of the full bench decision reported ..... 'but this clearly goes to show that so long as respondent 2 was a partner in the firm it should be assumed that he was acting as an agent of the firm and their lordships observed that he could not be held to be an agent of the newly constituted firm of which he is ..... retired from the firm under a deed of dissolution and the two other brothers of his ioined ..... no notice of dissolution was given to respondent 1 and one cannot impose a totally new contract on him as between himself and the partnership which was formed on .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2009(4)MPHT215
..... . : air 1983 andhra pradesh 257, wherein the learned single judge after referring to section 33 of the evidence act and section 75 of the indian registration act eventually came to hold as follows:a reading of this section makes it clear that it is not only the evidence given in a judicial proceeding but the evidence given before any person authorised by law to take it is admissible in evidence ..... ., a stranger (p), but the right revives on the dissolution of the marriage by death or divorce (q); or(2) if she goes and resides, during the subsistence of the marriage, at a distance from the father's place of residence; or(3) if she is leading an immoral life, as where she is a prostitute (r); or(4) if she neglects to take proper care of the child.42 ..... . when personal laws are divinely sanctioned, a presumption will naturally arise that such laws have a humanistic content because when great seers, saints and prophets found any faith, they act as benefactors of the mankind as a whole if man is god's child and if child is the father of the man, no personal law claiming divine sanction, can afford to deny paramount consideration to the welfare of the child ..... the law is clearly this : (1), a writ of habeas corpus ad subjiciendum (you have the body to submit or answer), shortly called as a writ of habeas corpus, is a prerogative process for securing the liberty of the subject by affording an effective means of immediate release from an illegal or improper detention. .....
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