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: punjab and haryana Page 1 of about 1 results (0.107 seconds)

Charanjit Singh Mann Vs. Neelam Mann

Court : Punjab and Haryana

Reported in : AIR2006P& H201; (2006)143PLR851

..... section 10 of the hindu marriage act, 1955 (in short 'the act') for judicial separation, was filed by the appellant on 15.4.1998 in the court of additional district judge ..... that:(i) the minimum waiting period of 6 months prescribed under sub-section (2) of section 13-b of the act can be waived off with the consent of the parties;(ii) once the appellant's petition under section 10 of the act was allowed to be converted into a petition under section 13-b of the act, the amendment will 'relate back' to the date of original petition ..... with the outer limit of 18 months waiting period provided in sub-section (2) of section 13-b and to the extent aforementioned, the judgment in sureshta devi's case would require reconsideration in an appropriate case, observed as follows :.the observations of this court to the effect that mutual consent should continue till the divorce decree ..... may be mentioned that sub-section (1) of section 13-b of the act permits both the parties to a marriage to present a joint petition for dissolution of their marriage on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and (hey have mutually agreed that the marriage ..... referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has ..... high court .....

Shashi Tyagi Vs. Surinder Kumar Sharma

Court : Punjab and Haryana

Reported in : I(1993)DMC584

..... during the pendency of the appeals in this court, parties have filed a petition under section 13(b) of the act for dissolution of marriage by mutual consent. ..... accordingly, petition for dissolution for marriage by mutual consent under sections 13(b) of the act is allowed and the marriage between the parties is dissolved by way of mutual consent within the meaning of section 13(b) of the act. ..... appellant-wife filed a petition for nullity of marriage and in the alternative dissolution of marriage under sections 12(1)(c) and 13 of the hindu marriage act (for short the 'act'). ..... consequently, petition under sections 12(1)(c) and 13 of the act is converted into one under section 13(b) of the act. ..... application has also been filed under order 6 rule 17 of the civil procedure code for the amendment of the petition under sections 12(1)(c) and 13 of the act. ..... 12(1)(c) and 13 of the act and allowed the petition under section 9 of the act filed by the husband. ..... both these petition were tried together by the district judge, ropar, who vide order dated 24-5-1989 dismissed the petition filed by the wife under secs ..... i have gone through the entire case with the help of learned counsel for the parties and i am satisfied that the parties have been living separately for the last more than five years and they have not been able to live together ..... shashi tyagi, wife shall not be entitled to any other maintenance or any other amount in lieu of dowry which may have been given by her parents at the time of marriage.6. .....

Smt. Roshani Vs. Dalsher

Court : Punjab and Haryana

Reported in : II(2002)DMC699

..... the averment in the application shows that the parties are living separately since 23.3.1999 and the petition under section 13 of the act for dissolution of marriage preferred by the appellant before the district judge has failed and was dismissed on 11.4.2001.6. ..... on 20.10.2001, a statement was made before this court expressing the will of both the parties to present an application under section 13-b of the act seeking dissolution of marriage by mutual consent. ..... the wife filed a petition under section 13 of the act seeking dissolution of her marriage on the principal ground of cruelty by the husband and alleging that his elder brother s/sh ..... the prayer made in this application signed by both the parties is that the petition filed by the wife before the district judge may be converted into a petition under section 13-b of the act and the period of six months may be taken to have commenced from the date of presentation of that petition before the learned district judge. ..... this is an appeal directed against judgment dated 11.4.2001, passed by district judge, jind, dismissing the petition filed under section 13 of the hindu marriage act, 1956 (hereinafter referred to as 'the act') of the appellant-wife (hereinafter refer to as the 'appellant').2. ..... similar course was adopted by two other division benches of this court in the cases of jaqsir singh v. ..... the appellant was married to respondent-husband (hereinafter referred to as the 'respondent') according to hindu rites and ceremonies in 1994 .....

CORAM: HON'BLE MR. JUSTiCE RAJiVE BHALLA Vs. Unknown

Court : Punjab and Haryana

..... at this stage, it will be appropriate to reproduce order dated 18.12.2012:- a petition under section 13-b of hindu marriage act, by payel mehta and sanjay sarin for dissolution of their marriage by mutual consent, filed in the court today, is taken on record. ..... the respondent shall convert the balance amount of rs.60.00 lacs into fixed deposit receipts to be prepared in the names of the minors, by the state bank of patiala, high court branch, chandigarh, within four months failing which the parties would be at liberty to approach this court for further orders. ..... jagmohan, manager of state bank of patiala, high court branch, chandigarh, for converting the demand drafts into two separate fixed deposit receipts in the name of the minors. ..... :- possible for them to live together as husband and wife and would, therefore, file an application to alter the original petition filed under section 13 of the hindu marriage act, 1955 (hereinafter referred to as hma . ..... on account of matrimonial differences, parties filed various cases against each other, both civil and criminal. ..... shri rajiv kataria, advocate, counsel for sanjay sarin, prays that reasonable time may be granted to pay the balance amount as he has not been able to arrange requisite funds on account of personal tragedies in the family. ..... judge kadyan kadyan vinot kumar 2013.08.07 13:38 i attest to the accuracy and integrity of this document chandigarh ..... judge [dr. .....

Veena Rani Vs. Jagdish Mitter Malhan

Court : Punjab and Haryana

Reported in : II(1990)DMC163

..... section 5 of the hindu marriage act reads as under :--'section 5.conditions for a hindu marriage : -- a marriage may be solemnized between any two hindus, if the following conditions are fulfilled, namely :-- (i) neither party has a spouse living at the time of the marriage ;(ii) at the time of the marriage, neither party : -- (a) is incapable of giving a valid consent to it in consequence of unsoundness of mind ; or(b) though capable of giving a valid consent has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage ..... very nature incapable of being converted into a valid marriage, as can happen in the case of a marriage which is merely voidable as ..... marriage act provided the bars and the rituals to be observed for bringing about a marriage, the grounds for its dissolution and the procedure for ..... the additional district judge, ludhiana, declining the petition of the appellant for restitution of conjugal rights under the hindu marriage act (hereinafter called the 'act').2 ..... by various authors to the effect that a fact cannot be altered by hundreds text and once an act which ought not to be done is done is valid when ..... circumstances are brought on record from which the court can presume or infer that the earlier marriage came to an end that party will be ..... even otherwise, under section 36 of the representation of people act, 1951, the voters' list has been made the conclusive evidence only to the effect that the person referred to in the entry is .....

Arun Chawla Vs. Smt. Reena

Court : Punjab and Haryana

Reported in : II(1999)DMC18

..... 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 separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved. ..... learned additional district judge in the cited case had dismissed the petition filed under section 13 of the hindu marriage act. ..... made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a ..... that arises for consideration is as to whether court would be justified in passing a decree of divorce by mutual consent after the request has already been made for converting the original petition filed under section 13 of the act to one under section 13-b of the hindu marriage act. ..... , i (1992) divorce & matrimonial cases (for short dmc) 211, before the delhi high court, the marriage had been solemnised on 16.11.1983. .....

Shashi Vs. Sunny Bhumbla

Court : Punjab and Haryana

..... for that purpose miscellaneous application was filed for converting these proceedings into one under section 13- b of the hindu marriage act and a prayer was also made to reckon the compulsory waiting period of six months provided under section 13-b(ii) of the hindu marriage act towards the period spent by the parties in litigation under the act before the matrimonial court and before the hon'ble punjab and haryana high court. ..... consequently an application bearing no.19719-cii of 2011, was filed for converting the petition under section 9 of the act for restitution of conjugal rights into a petition under section 13-b of the act for dissolution of the marriage by mutual consent. ..... shashi (wife) against the judgment and decree dated 5.12.2008 whereby the petition filed by the husband under section 9 of the hindu marriage act, 1955 (hereinafter referred to as 'the act') for restitution of conjugal rights was allowed and a decree for restitution of conjugal rights was passed. ..... a learned single judge of the hon'ble punjab and haryana high court vide order dated december 09,2011 has allowed both the aforesaid petitions and quashed the fir and further proceedings taken pursuant thereof. ..... in view of the aforesaid provision, we sent the case back to the hon'ble high corut for making appropriate orders for grant of decree of divorce by mutual consent. ..... accordingly, i pray that let a decree of divorce by mutual consent may be granted. .....

Mohinder Pal Kaur Vs. Gurmit Singh

Court : Punjab and Haryana

Reported in : I(2002)DMC297

..... hon'ble supreme court was whether the decree for dissolution of marriage by mutual consent granted by the high court was valid and whether a party to a divorce under section 13-b could unilaterally ..... marriage and bring about reconciliation between them and they have felt that their marriage is a dead horse and it is no use flogging a dead horse and they pray that petition for divorce under section 13 of the hindu marriage act be converted into one under section 13-b of the hindu marriage and they can be allowed to do so and that petition under section 13-b of the hindu marriage act ..... section 13 of the hindu marriage act by the husband in the year 1994 in the court of additional district judge ..... 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 (68 of 1976), on the ground that they have 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 agreed that the marriage ..... of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the .....

Vinod Kumar Sethi and ors. Vs. State of Punjab and anr.

Court : Punjab and Haryana

Reported in : AIR1982P& H372

..... cur lj 720, and the specific question for determination framed by me in the order of reference was in the following terms :--'is the high court under section 561-a, criminal procedure code, empowered in an ..... act, the court may make such provisions in the decree as it deems just and proper with respect to any property presented, at or about the time or marriage, which ..... depute one of his subordinate officers not being below such rank as the state government may, by general or special order, prescribed in this behalf to proceed, to the spot, to investigate the facts and circumstances of the case, if necessary, to take measures for the discovery and arrest of the offender; provided that.......................' 15. the meaningful words ..... ascertainable and sometimes so equivocal and problemetic in nature (until dissolution of partnership or rendition of accounts) that it ..... additional advocate general, punjab, had advocated that the speedier and effective remedy of a criminal breach of trust cannot and should not be denied in the somewhat peculiar context of helpless hindu wives against avaricious parents-in-law or other relations of the husband, who may dishonestly misappropriate or convert ..... own right, then i am unable to see how the mere factum of marriage would alter any such property right and divest her of ownership either totally or ..... . virasami padeiyatchi, (1866-1866) 3 mad hcr 272, observing categorically as follows:--'the correctness of the civil judge's decision, therefore, .....

Jasbir Singh Vs. Inderjit Kaur

Court : Punjab and Haryana

Reported in : AIR2003P& H317; (2003)135PLR170

..... in view of the above, in my opinion, it can safely be held that there is a custom among jat sikhs of district sangrur, permitting dissolution of marriage by divorce through writing executed by the parties in this regard and such a divorce would be recognised in view of section 29(2) of the hindu marriage act and the law laid down by the hon'ble supreme court and delhi high court in the cases referred to above. ..... after hearing the both sides, and after perusing the record, the learned additional district judge found that no fraud was committed upon the petitioner, at the time of his marriage with the petitioner, the respondent was a divorcee from her previous marriage with lachhman singh, under custom, which was prevalent amongst the sikh jats. ..... gurpal kaur, 1985 marriage law journal 414, it was held by the delhi high court that on a plain reading of section 29(2) of the hindu marriage act, it is manifest that a marriage may still be dissolved in accordance with a custom governing the parties or under any other law providing for the same. ..... both the parties led evidence and the case was at the stage of the arguments when the petitioner husband got the petition converted from section 12 of the act to section 11 of the act, by alleging that since respondent was married to one lachhman singh and no divorce in accordance with law had taken place between the respondent and lachhman singh, the marriage of respondent with she petitioner was a nullity. .....