Judgment Search Results Home > Cases Phrase: converts marriage dissolution act 1866 section 1 short title Sorted by: recent Court: us supreme court Page 1 of about 146 results (0.144 seconds)

Rajnesh Vs. Neha

Court : Supreme Court of India

..... an amount is awarded towards maintenance, in the subsequent proceeding filed for dissolution of marriage under the hindu marriage act, where an application for maintenance pendente lite is filed under section 24 of that act, or for maintenance under section 25, the payment awarded in the earlier proceeding must be taken note ..... husband, may move for judicial separation, restitution of conjugal rights, dissolution of marriage, payment of interim maintenance under section 24, and permanent alimony under section 25 of the act, whereas under section 18 of hama, only a wife may seek maintenance. ..... female child, if married, is not possessed of sufficient means : provided further that the magistrate may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this sub-section, order such person to make a monthly allow for the interim maintenance of his wife or such child, father or mother, and the expenses of such proceeding which the magistrate considers reasonable, ..... or by tenanting it jointly or singly; (ii) the household may belong to a joint family of which the respondent is a member, irrespective of whether the respondent or the aggrieved person has any right, title, or interest in the shared household; 23 (iii) the shared household may either be owned, or tenanted by the respondent singly or jointly. ..... matrimonial home in january 2013, shortly after the birth of the ..... not be available if the wife has been unchaste, or has converted to another religion. .....

Rana Nahid @ Reshma @ Sana Vs. Sahidul Haq Chisti

Court : Supreme Court of India

..... the suits and proceedings referred to in this sub- section are suits and proceedings of the following nature, namely: (a) a suit or proceeding between the parties to a marriage for a decree of nullity of marriage (declaring the marriage to be null and void or, as the case may be, annulling the marriage) or restitution of conjugal rights or judicial separation or dissolution of marriage; (b) a suit or proceeding for a declaration as to the validity of a marriage or as to the matrimonial status of any person; (c) a suit or proceeding between the parties to a marriage with respect to the property of the parties or of either ..... through the judgment prepared by my esteemed sister, but i have not been able to persuade myself to agree that a family court constituted under the family courts act, 1984, lacks jurisdiction to convert an application for maintenance filed by a muslim woman under section 125 of the code of criminal procedure 1973 (hereinafter referred to as cr.p.c ) to an application under section 3 of the muslim women (protection of rights on divorce) act, 1986, (hereinafter referred to as the 1986 act for muslim women ), and decide the same. ..... after shah bano case, the muslim women (protection of rights on divorce) act (for short muslim women protection act ) was enacted with effect from 19.05.1986 as per which a divorced muslim woman is not only entitled to maintenance for the iddat period from her former husband but also to a reasonable and fair provision for .....

Shayara Bano Vs. Union of India and Ors. Ministry of Women and Child D ...

Court : Supreme Court of India

..... in 1866, native converts marriage dissolution ..... relating to agricultural land) 57 58 59 284 regarding intestate succession, special property of females, including personal property inherited or obtained under contract or gift or any other provision of personal law, marriage, dissolution of marriage, including talaq, ila, zihar, lian, khula and mubaraat, maintenance, dower, guardianship, gifts, trusts and trust properties, and wakfs (other than charities and charitable institutions and charitable ..... save questions relating to agricultural land) regarding intestate succession, special property of females, including personal property inherited or obtained under contract or gift or any other provision of personal law, marriage, dissolution of marriage, including talaq, ila, zihar, lian, khula and mubaraat, maintenance, dower, guardianship, gifts, trusts and trust properties, and wakfs (other than charities and charitable institutions and charitable ..... only amongst individuals but also amongst groups of people belonging to scheduled castes (for short dalits ), scheduled tribes (for short tribes ) and other backward classes of citizens (for short obcs ) to secure adequate means of livelihood and to promote with special care the economic and educational interests of the weaker sections of the people, in particular, dalits and tribes so as to protect 52 ..... vinerian professor of english law at oxford, which were published in 1885 under the title, introduction to the study of the law of the constitution .....

Ravada Sasikala Vs. State of andhra Pradesh and Anr

Court : Supreme Court of India

..... made in the context of a matrimonial dispute arising out of a proceeding under section 13 of the hindu marriage act, 1955 praying for dissolution of marriage by granting a decree of divorce, yet we have commenced our judgment with the same as the facts of the present case painfully project what a relation in close proximity can do to a young girl when his proposal for his marriage is not accepted and he, forgetting the fundamental facet of human dignity and totally ..... high court of madhya pradesh, while maintaining the conviction under section 326 ipc read with section 34 ipc, had reduced the sentence to the period already ..... becoming oblivious of the fact that marriage, as a social institution, is an affirmance of civilized society order, allows his unrequited love to be converted ..... appearing for the appellant submits that by no stretch of imagination, the period undergone, that is, 30 days, can be regarded as appropriate for the offence under section 326 ipc and definitely not when there is acid attack. ..... to this provision, 17 states and 7 union territories have prepared victim compensation scheme (for short the scheme ). .....

Vennangot Anuradha Samir Vs. Vennangot Mohandas Samir

Court : Supreme Court of India

..... section 13-b of the hindu marriage act makes a provision of divorce by mutual consent, which reads as under:- 13b divorce by mutual consent (1) subject to the provisions of this act a petition for dissolution of marriage by a 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 (68 of 1976), on the ground that they have been living separately for a period of one ..... suit for dissolution of marriage by a decree of divorce under section 13(1)(1a) of the hindu marriage act on the ground that the petitioner-wife after solemnization of the marriage had committed various acts of cruelty. ..... year or more, that they have not been able to live together and that they have mutually agreed that the marriage should ..... consequently, an application was filed purported to be under section 13b of the hindu marriage act with a prayer to treat the divorce petition pending before the family court, bombay as an application under section 13b of the act and treat the present application as second motion and .....

Sher Singh @ Partapa Vs. State of Haryana

Court : Supreme Court of India

..... for the prosecution to prove that a 'dowry death' has occurred, namely, (i) that the death of a woman has been caused in abnormal circumstances by her having been burned or having been bodily injured, (ii) within seven years of a marriage, (iii) and that she was subjected to cruelty or harassment by her husband or any relative of her husband, (iv) in connection with any demand for dowry and (v) that the cruelty or harassment meted out to her continued to have ..... is no allusion to dowry it converts cruelty, which would ordinarily entitle the wife to seek a dissolution of her marriage, into a criminal act. ..... detention jurisprudence - there must be a live link between the cruelty emanating from a dowry demand and the death of a young married woman, as is sought to be indicated by the words "soon before her death", to bring section 304b into operation; the live link will obviously be broken if the said cruelty does not persist in proximity to the untimely and abnormal death. ..... , and/ or of brides being driven to take their own lives because of cruelty meted out to them by their husband and his family also because of dowry expectations, parliament enacted the dowry prohibition act, 1961 (for short 'the dowry act') in an endeavour to eradicate the social evil of giving and taking of dowry. ..... within the short span of three years parliament realized the necessity to make the law more stringent and effective by introducing amendments to the dowry act, as well as the ipc by enacting act 43 of .....

Shlok Bhardwaj Vs. Runika Bhardwaj and Ors.

Court : Supreme Court of India

..... husband filed affidavit dated 4th september, 2006 placing on record the order of this court and the order of the family court, jabalpur and also mentioning that after the dissolution of marriage, the wife has re- married and in view of the order of this court and the family court, the revision petition ought to be dismissed.8. ..... the aforesaid sub-section, which places a limitation on the powers of the revisional court, prohibiting it from converting a finding of acquittal into one of conviction, is itself indicative of the nature and extent of the revisional power conferred by section 401 of the code of criminal ..... sub-section (3) of section 401 in terms provides that nothing in section 401 shall be deemed to authorize a high court to convert a finding of acquittal into one of ..... this court noted that since both the parties had sought divorce, the marriage had broken down and the parties had agreed to a decree of divorce by mutual ..... is neither possible nor advisable to make an exhaustive list of circumstances in which exercise of revisional jurisdiction may be justified, but decisions of this court have laid down the parameters of exercise of revisional jurisdiction by the high court under section 401 of the code of criminal procedure in an appeal against acquittal by a private party. ..... investigation, the husband and four of his family members were tried under sections 498-a, 406, 506 ipc and 3/4 of the dowry prohibition act before the judicial magistrate, ghaziabad, in case no.356/2002. .....

Dr.(Mrs.) Malathi Ravi, M.D. Vs. Dr. B.V . Ravi M.D.

Court : Supreme Court of India

..... , in course of the proceeding the petition was amended abandoning the prayer for judicial separation and converting the petition to one under section 13(1)(ib) of the act seeking dissolution of marriage by way of divorce. ..... the justifiability of the said analysis within the parameters of section 13(1) of the hindu marriage act, 1955 (for brevity the act ) is the subject-matter of assail in this appeal, by special leave, wherein the judgment and decree dated 11.09.2009 passed by the high court of karnataka in mfa no.9164 of 2004 reversing the decree for restitution of conjugal rights granted in favour of the wife and passing a decree for dissolution of marriage by way of divorce allowing the petition preferred by the respondent ..... counsel appearing for the appellant, submitted that when the petition for divorce was founded solely on the ground of desertion and a finding was returned by the family court that the ingredients stipulated under section 13(1)(ib) of the act were not satisfied making out a case of desertion on the part of the wife, the high court should have concurred with the same and not proceeded to make out a case for the ..... of 2001 under section 13(1) the act seeking for a decree for judicial separation and dissolution of marriage. ..... these circumstances, the petition was filed for judicial separation and thereafter, as has been stated earlier, prayer was amended seeking dissolution of marriage on the ground of desertion since she had deliberately withdrawn from his society. .....

Devinder Singh Narula Vs. Meenakshi Nangia

Court : Supreme Court of India

Reported in : (2012)8SCC580; JT2012(7)SC519; 2012(7)SCALE473; AIR2012SC2890; 2012AIRSCW4739

..... for the purpose of second motion, as contemplated under section 13-b of the aforesaid act, which is extracted hereinbelow for reference:-13-b.divorce by mutual consent (1) subject to the provisions of this act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the marriage laws (amendment)act, 1976, on the ground that they have been living ..... though we are not inclined to accept the proposition that in every case of dissolution of marriage under section 13-b of the act the court has to exercise its powers under article 142 of the constitution, we are of the opinion that in appropriate cases invocation of such power would ..... considered in anil kumar jains case, after living separately for many years and 11 years after initiating proceedings under section 13 of the hindu marriage act, the parties filed a joint application before this court for leave to amend the divorce petition and to convert the same into a proceeding under section 13-b of the act. ..... the appeal and also convert the pending proceedings under section 12 of the hindu marriage act, 1955, before the additional district judge-01, west delhi, into one under section 13-b of the aforesaid act and by invoking our powers under article 142 of the constitution, we grant a decree of mutual divorce to the parties and direct that the marriage between the parties .....

Officer Rajiv Gakhar .Vs Ms. Bhavana @ Sahar Wasif .

Court : Supreme Court of India

..... district judge-i, faridabad, under sections 5 and 12 of the hindu marriage act, 1955 (in short `the act') seeking dissolution of marriage solemnized on 28.11.1999 with ..... at sona rupa restaurant in nehru place, new delhi and it emerged during the conversation that the respondent was a muslim and her actual name was sahar wasif and her previous marriage had taken place according to muslim law with a muslim-wasif khalil after her conversion to islam and had two children out of the said wedlock, namely, daughter heena (13 years ..... 14) inasmuch as the respondent-wife established her claim that on the date of marriage with the appellant she was a hindu and the same is permissible under section 5 of the act, we agree with the conclusion arrived at by the high court and reject the argument of the counsel for the appellant.15) in view of the above discussion and ..... she further deposed that she converted to muslim religion only at the time of marriage with wasif khalil which was ..... in her lengthy statement, she explained all the details including the fact that how she converted to islam to marry a muslim and after divorce, by performing shudhikaran ceremonies, she became a full fledged hindu and there is no bar in ..... it is also his claim that after marriage, during interaction with her father and relatives, he came to know that the respondent's actual name was sahar wasif and that she had converted to islam and was married to a muslim, she had 2 children out of her previous wedlock, namely, .....