Judgment Search Results Home > Cases Phrase: converts marriage dissolution act 1866 section 32 high court may refer case to judge for additions or alterations Court: kerala

Suresh Babu Vs. Leela

Court : Kerala

Reported in : 2006(3)KLT891

..... in the case of petitions for divorce on the ground of adultery or cruelty, section 23(1)(b) of the hindu marriage act provides that the court shall decree the relief if it is satisfied that where the grounds of the petition is the ground specified in clause (i) of sub-section (1) of section 13, the petitioner has not in any manner been accessory to or connived at or condoned the act or acts complained of, or where the ground of the petition is cruelty, the petitioner has not in any manner ..... arises for consideration in this appeal is whether in a petition for dissolution of marriage filed by the wife under section 13(1)(ii) of the hindu marriage act, a hindu husband who embraced islam by conversion could put forward a valid defence that the conversion to islam was with the consent of the wife and thereby avert an order for dissolution of marriage.2 ..... the above provisions in the hindu marriage act would indicate that a petition for divorce on the ground that the respondent therein has ceased to be a hindu by conversion to another religion cannot be defeated even if the petitioner spouse had consented to the conversion or that he or she lived with the converted spouse after such conversion or that he or she was ..... sub-section (2) of section 12 provides that no petition under clause (c) shall 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 force had ceased to operate or, as the case may be, the .....

Beena Vs. B. Mohammed Khan @ B.M. Khan

Court : Kerala

..... but the court is entitled to look into other circumstances in the case and if the amount of dower happens to be duly excessive and high, court can take judicial notice of the fact that the amounts of dower are often fixed at a notoriously high figure beyond the means of the husband with a view to act as a check to divorce or with a view to keep up the family custom and for the sake of dignity rather than with any ..... evidence to show that it crl.r.p.no.92 of20146 was paid either at the time of marriage or after dissolution of the marriage, she is entitled to get the same from the respondent. ..... it is also in away admitted that for the purpose of marrying the respondent, she was converted to islam and their marriage was crl.r.p.no.92 of20148 solemnised as per muslim custom and their marital life lost only for a short period and as per ext.p12 talaq letter, the marriage was dissolved by pronouncing talaq on 28.03.2013 and it was received by the ..... ], full bench crl.r.p.no.92 of201410 of the lahore high court has held that when it is not stated in the kabin nama, whether the payment of the dower is to be prompt or deferred, the custom or usage of the wife's family or of the locality is in the first instance to determine what portion of the unspecified dower is to be prompt and what deferred and in the absence of proof of any custom, a presumption may be raised that one half of the amount ..... the petition under section 3 of the muslim women (protection of rights on divorce) act, 1986. ..... judge .....

Krishna Preetha Vs. Jayan Moorkkanatt

Court : Kerala

Reported in : 2010(2)KLT459

..... may, however, be indicated that in some of the high courts, which do not possess the powers vested in the supreme court under article 142 of the constitution, this question had arisen and it was held in most of the cases that despite the fact that the marriage had broken down irretrievably, the same was not a ground for granting a decree of divorce either under section 13 or section 13-b of the hindu marriage act ..... it would virtually stultify and frustrate the statutory scheme of giving option to a party who has initially consented to a divorce to alter his/her stand and refuse to agree for dissolution by mutual consent. ..... the supreme court can, in exercise of its extraordinary powers, under article 142 of the constitution, convert a proceeding under section 13 of the hindu marriage act, 1955 into one under section 13-b and pass a decree for mutual divorce, without waiting for the statutory period of six months, none of the other courts can exercise ..... , the decision rendered in sureshta devi (supra) was referred to in the decision rendered in asokh hurra's case (supra) and it was observed therein that the said decision possibly required reconsideration in an appropriate case, none of the other cases has dealt with the question which arose in sureshta devi's case (supra), namely, whether in a proceeding under section 13-b of the hindu marriage act, consent of the parties was required to subsist till ..... of views, the two judge bench of the supreme court expressed itself in the following .....

Narayani Vs. Aravindakshan

Court : Kerala

Reported in : AIR2006Ker26; I(2006)DMC155; 2005(4)KLT1

..... it is seen that the legislature has borrowed in this section the language of section 9 of the matrimonial causes act, 1950 which deals with the legitimacy of children of only voidable marriages and does not refer to children of marriages void ipso jure and made the section applicable to cases of both voidable and void marriages annulled by a decree of court. ..... renounced hinduism, has reverted to it after performing the religious rites of expiation and repentance, or even without a formal ritual of reconversion when he was recognised as a hindu by his community;(vi) to sons of hindu dancing girls of the naik caste converted to mahomedanism, where the sons are taken into the family of the hindu grandparents and are brought up as hindus;(vii) to brahmos; to arya samajists; and to santhals of chota nagpur and also to santhals of manbbum except so far ..... it has to be immediately borne in mind that dissolution of a marriage is altogether different, for, only a valid marriage can be dissolved. ..... in the absence of a retrospective operation having been expressly given, the courts may be called upon to construe the provisions and answer the question whether the legislature had sufficiently expressed that intention giving the statute retrospectivity. ..... , decided by a division bench of the andhra pradesh high court, reported as : air1992ap234 . ..... state of haryana, : air2004sc5100 , where a three judges' bench upheld the ratio in sunil kumar rana (supra). .....

K.C. Mathew and anr. Vs. Reena Paul

Court : Kerala

Reported in : 1998CriLJ2300; II(1998)DMC162

..... crown all the above harassment, the husband instituted proceedings for divorce before a circuit court, county of oakland, state of michigen to secure a divorce setting up false contentions and suppression of the truth and facts knowing fully well that the said court has no territorial jurisdiction, and obtained dissolution of the marriage. ..... kalpatri 1996 scc (cri) 150 : 1996 cri lj 1127 has held that at the stage* of quashing a first information report or complaint, the high court is not justified in embarking upon an enquiry as to the probability, reliability or genuineness of the allegations made therein. ..... on the basis of the complaint a prima facie case has been explained, the high court has no jurisdiction to quash the proceedings.7. ..... the ingredients of section 498(a) which are relevant for the purpose of this case are as follows:(1) the husband must subject the woman ..... an offence was committed, or where an offence is committed partly in one local area and partly in another, or where an offence is a continuing one, and continues to be committed in more local areas than one, or where it consists of several acts done in different local areas, it may be inquired into or tried by a court having jurisdiction over any of such local areas. ..... to satisfy whether the allegations are made satisfying the requirements of section 498(a), i had been taken through the complaint. ..... 12 lakhs by converting the remaining tangible ..... 12' lakhs by converting the remaining tangible assets of the complainant .....

Ammini E.J. and Etc. Vs. Union of India (Uoi) and ors.

Court : Kerala

Reported in : AIR1995Ker252

..... may present a petition to the district court or to the high court, praying that her marriage may be dissolved on the ground that, since the solemnisation thereof, her husband has exchanged his profession of christianity for the profession of some other religion, and gone through a form of marriage with another woman; or has been guilty of inconstuous adultery, or of bigamy with adultery, or of marriage ..... matter of dissolution of marriage christian spouses are discriminated against in as much as section 10 of the act does not provide for dissolution of marriage on the ground of cruelty and desertion which are independent grounds for dissolution of marriage for couples belonging ..... in fact, the basis on which divorce has been allowed in the case of people belonging to all other religions in india as per the respective enactments applicable to them and even among christians who get married or register their marriage under special marriage act or foreign marriage act in india and the large majority of christians elsewhere can only be the absolute ..... court, it has been consistently held by all the courts that section 10 of the act specifically sets forth the grounds on which the marriage can be dissolved and no additional groundscan be included by judicial construction of similar provisions in other enactments unless the section ..... learned judge has directed the union of india to take a final decision regarding the recommendations of the law commission in its 90th report already referred to .....

Mary Sonia Zachariah Vs. Union of India (Uoi) and ors.

Court : Kerala

Reported in : II(1995)DMC27

..... when husband may petition for dissolution--xxx xxx xxx xxxwhen wife may petition for dissolution--any wife may present a petition to the district court or to the high court, praying that her marriage may be dissolved on the ground that, since the solemnization thereof, her husband has exchanged his profession of christianity for the profession of some other religion, and gone through a form of marriage with another woman;or has been guilty of incestuous adultery,xxx xxx xxx xxxor of adultery coupled with such cruelty as without ..... as regards the scope of judicial intervention by court, it has been consistently held by all the courts that section 10 of the act specifically sets forth the grounds on which the marriage can be dissolved and no additional grounds can be included by judicial construction of similar provisions in other enactments unless the section plainly comprehends such grounds. ..... ' (page 229)the above observations would again succinctly show the sordid impact of law if it does not permit dissolution of marriage in cases where hatred has ousted mutual love and regard from their position and is reigning the relationship between the spouses. ..... ' after observing so, the learned judge has directed the union of india to take a final decision regarding the recommendations of the law commission in its 90th report already referred to within a period of 6 months from the date of receipt of a copy of the said order. .....

Mathew Vs. Annamma Mathew

Court : Kerala

Reported in : I(1994)DMC525

..... cmp 20290 of 1992 is a petition filed by the petitioner-husband in the newly filed (in the high court) op 13049 of 1991 for declaration of the marriage as nullity under sections 18 and 19. ..... if the birth of the child has taken place during the continuance of a valid marriage between the mother and any man (or within 280 days after its dissolution the mother remaining unmarried), the legitimacy of the child vis-a-vis the man is to be deemed as 'conclusively proved' and no question of permitting rebuttal evidence to disprove legitimacy vis-a-vis the father arises. ..... be that as it may, we hold that the case on hand is clearly covered by the main part of section 112 and does not fall within the sole exception provided therein and therefore, the petitioner is concluded by the conclusive inference of legitimacy drawn by the legislature in section 112 and no question of permitting disproof of the said fact arises in view of section 4 of the evidence act, which positively prohibits evidence to disprove such a fact.in the result, the miscellaneous petition is dismissed. ..... the miscellaneous petition has been referred to a division bench by the learned single judge by order dated 15.3.93. ..... in our view, the mere allegation of fraud or suppression does not convert the marriage into an invalid marriage. .....

Navas Vs. Surumi

Court : Kerala

..... (f.c)no.363 of 2014 4 counsel for the petitioner that if the mother of the child is present in court, the entire dispute can be resolved by referring the matter for mediation and accordingly, the matter was referred for mediation but the matter was not settled in the mediation.5 ..... who was only 1 = years at that time and as per the provisions of the guardian and wards act, the mother will be the best person to look after the child and rightly handed over the custody of the child to the mother and we do not find any reason to interfere with the interim custody ordered by the court below regarding the custody of the child during the pendency of the proceedings invoking the supervisory ..... (f.c)no.363 of 2014 2 the child with her parents and converted to hinduism and married another person and now she is living with that ..... (f.c)no.363 of 2014 6 dissolution of their earlier marital ..... their relationship strained and they started residing separately and later the marriage was dissolved by pronouncing talaq. ..... in the high court of kerala at ernakulam present: the honourable mr.justice c.k.abdul rehim & the honourable ..... further, the court below had considered the circumstances under which the petitioner had come into possession of the child and also found that the allegations made in the criminal case or the observations made by this court in the writ petition etc are matters to be considered on the basis of the evidence later ..... 's exhibits:nil ---------------------- /true copy/ p.s to judge cl c.k. .....

Kalyani Amma and ors. Vs. Sankara Raman Namboodiri and ors.

Court : Kerala

Reported in : AIR1988Ker166

..... it was held by a division bench of the madras high court in this case (hat one of several co-owners can maintain an action in ejectment against a trespasser without joining the other co-owners as parties to the ..... was accordingly held that a petition for dissolution of marriage under the travancore nair act pending at the commencement of act 30/1976 should be disposed of in accordance with the provisionsof the repealed act. ..... once the nair act is repealed and proceedings under the act are pending on the date of such repeal whether they could be continued under that act has to be decided with reference to the provisions of the repealing statute read along with section 4 of the interpretation and general clauses act 1125 corresponding to section 6 of the general clauses (central) act 1897. ..... we may refer only to one decision, ..... the effect of sub section (2) of section 4 is to convert the tavazhi property into property held in tenancy in common by all the then existing members of the ..... but there may be cases where the repealing act is silent ..... of air) :--'unless a different intention appears, the repeal will not affect any legal proceeding or remedy in respect of any right and such proceeding or remedy may be continued or enforced as if the repealing act had not been passed. ..... it may be that it indicates an intention not to keep alive the proceedings which are ..... it may be that the repealing statute indicates an intention expressly or impliedly to keep alive proceedings under the provisions .....