Court : Madhya Pradesh
Decided on : Apr-14-2003
Reported in : I(2004)DMC275
..... has become actually dead. that the marriage between the appellant and the respondent be dissolved and decree of divorce under section 13(1)(ia) of the hindu marriage act be passed.4. respondent has denied that he is habitual drunker and that he is in the habit of beating ..... to habitually misbehave and ill-treat the petitioner. that on 23.4.1994 the appellant made a report in the police station nagpur under section 498a of the indian penal code. that from last five years, the appellant is separately living from the respondent and there is no chance ..... and it is held that the appellant/petitioner is entitled for the decree of divorce from her husband under section 13(1)(ia) of the hindu marriage act. appellant has not claimed the alimony from respondent. as the parties have agreed for divorce, no order as to costs ..... a.k. awasthy, j.1. this appeal is filed under section 28 of the hindu marriage act by the appellant/petitioner against the judgment and decree passed in civil suit no. 101-a of 1994, .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-11-2003
Reported in : I(2004)DMC592
..... his family members and on account of the police report the petitioner and his family members had to face the trial under section 498a of the ipc.from the aforesaid discussions it is clear that the learned trial court has erred in holding that the ..... trial court, after framing the charge against the petitioner and his brothers, has acquitted the petitioner and his brothers from the offence punishable under section 498a of the ipc.10. ganga (d.w. 1) has stated that her husband, his brothers, sister and mother started demanding t ..... report by the appellant wife the police has submitted a charge-sheet against the petitioner and his family members for an offence under section 498a, ipc, in the court of judicial magistrate, first class and on account of the false report by the appellant/wife the ..... a.k. awasthy, j.1. appellant/defendant has filed this appeal under section 28 of the hindu marriage act against the judgment and decree dated 23.10.2001, passed by ixth additional district judge, indore .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jun-24-2003
Reported in : 2004ACJ969
deepak verma and s.k. seth, jj.1. this is an appeal under section 173 of the motor vehicles act, 1988, for enhancement of compensation awarded by the first addl. motor accidents claims tribunal, dhar, in the claim case no. 47 of 1991, decided on 28.4.1994.2. late ..... multiplier of 14, which looking to the age of the deceased at the time of the accident ought to have been 16, as per the second schedule of motor vehicles act. it is also contended that it has been established on record that the deceased had better future promotional prospects and would have earned promotion within the next two years had .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-01-2003
Reported in : (2004)186CTR(MP)649
..... it is not disputed before us that the decisions which have been rendered by other high courts making amended rule as intra vires have not referred to section 17(2) of the act but the said high courts have categorically held that there has been no transgression in making of the rules. in view of the obtaining factual matrix and ..... based on latest published all-india census.' 12. it is submitted by mr. h.s. shrivastava, learned senior counsel and mr. sumit nema that without amending section 17(2) of the act the rule could not have been amended. per contra, it is submitted by mr. rohit arya that the concept of concession has been totally misconstrued by the ..... has come into force runs in oppugnation to the main provision and as there is transgression it has travelled beyond the rule-making power as stipulated under section 295 of the act. reference has been made to the old rules to show how that had been interpreted by various high courts and how the present rule if studiedly scrutinised .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-27-2003
Reported in : 2004ACJ1879
S.S. Jha and S. Samvatsar, JJ. 1. By this judgment both the appeals are decided as they arise out of common award. Misc. Appeal No. 629 of 1999 is filed by the claimants for enhancement of the award whereas Misc. Appeal No. 648 of 1999 is filed by the owner of the vehicle praying that the insurance company be held liable to pay compensation. No other issue is under challenge in these appeals.2. For the purposes of quantum of compensation, counsel for claimants submitted that Claims Tribunal has determined the income of the deceased from agriculture at Rs. 10,000 per annum. Deceased was also earning Rs. 10,000 from other sources. He submitted that in para 17 of the judgment, Claims Tribunal has held that income of deceased from agriculture was Rs. 10,000 per annum and out of Rs. 10,000 from agriculture, family of the deceased is entitled for loss of income at Rs. 5,000 and considering the income of the deceased from selling milk, Claims Tribunal has determined the dependency of the clai...
Tag this Judgment!Court : Madhya Pradesh
Decided on : May-07-2003
Reported in : I(2004)DMC53
..... 205, but from this ruling it is clear that the appellant should prove that degree of mental disorder in order to bring out the case under section 5(ii)(b) of hindu marriage act. thus, even after the alleged admission the burden remained on appellant to prove the attainable degree of mental disease of respondent.11. learned trial court ..... has prayed that the judgment and decree passed by the learned trial court be set aside and the decree be passed of annulling the marriage under section 12(1)(b) of the act.7. petitioner rajendra kumar has stated that he went with father to see the respondent in her parents' house where the respondent came only for ..... before solemnisation of the marriage. the appellant has prayed that the marriage between the appellant and the respondent be annulled by decree of nullity under section 12(1)(b) of the hindu marriage act.4. the respondent/wife has denied the allegation that she was suffering from mental illness and that on account of the mental illness her .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : May-13-2003
Reported in : I(2004)DMC719
A.K. Awasthy, J.1. Being aggrieved by the judgment and decree dated 4.2.1994 in Civil Suit No. 33-A/92 passed by the 4th Additional District Judge, Jabalpur, the appellant-non-applicant has preferred this appeal against the finding of dissolving the marriage by a decree of divorce on the ground of desertion and cruelty.2. Admittedly the facts of the case are that the marriage between the appellant and the respondent was solemnised at Jabalpur on 12th May, 1989 according to Hindu rites and customs and they have a daughter from the wedlock.3. Respondent/husband filed a petition on the allegation that the appellant/ wife insults and mentally tortures him by saying that her husband is lame and by refusing cohabitation. It is alleged that on 29.12,1989 the appellant/wife in the absence of the respondent took an amount of Rs. 15,000/- and the ornaments of the respondent and left the house. That report in the police was lodged on 29.12.1989 in the Police Station, Gorakhpur, Jabalpur against t...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-18-2003
Reported in : I(2004)DMC769
..... court of judicial magistrate, first class at ajmer. it is also the common ground that the appellant/petitioner has filed this petition for the divorce section 13 of the hindu marriage act on 17.8.1989.3. the case of the petitioner is that the defendant was in habit of quarrelling and abusing the petitioner and his ..... petitioner has filed the petition for divorce within six months of the defendant wife leaving the matrimonial house. consequently, the ground for divorce under section 13(1)(ib) of the hindu marriage act is not available to the petitioner as the desertion was not more than two years immediately preceding the presentation of the petition.8. the petitioner ..... any attempt to resume the relationship the decree of divorce should be passed on the ground of desertion.7. it is laid down under section 13(1)(ib) of the hindu marriage act that the marriage can be dissolved if the spouse has deserted the petitioner for continuous period of not less than two years immediately preceding .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-19-2003
Reported in : 2004ACJ1173
..... he succumbed to the injuries on 30.10.1991. respondent nos. 1, 2 and 3 who are wife and two sons of the deceased, filed an application under section 166 of the motor vehicles act, 1988 claiming compensation to the tune of rs. 13,47,000 for the death of mangal prasad. the appellant/owner and respondent no. 4 insurer of the ..... shantanu kemkar, j.1. this appeal under section 173 of the motor vehicles act, 1988, is directed against the award dated 27.2.1998, passed by first additional motor accidents claims tribunal, mur-wara (katni), in motor accident claim case no. 153 of 1991. .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-20-2003
Reported in : AIR2004MP77; II(2003)DMC42; 2003(2)MPHT465; 2003(2)MPLJ385
..... but every unpalatable behaviour of the other spouse was not necessarily cruelty, either physical or mental, so as to afford a ground for judicial separation under section 10 of the hindu marriage act.20. according to learned counsel of appellant the standard of proof to be applied for proving cruelty need not to establish charge of cruelty beyond reasonable ..... nisha londhe, reported in air 1984 bombay 413, it has been made clear that the cruelty contemplated under section 13(1)(i-a) of the act neither attracts the old english doctrine of danger nor the statutory limits embodied in old section 10(1)(b). the cruelty contemplated is a conduct of such type that the petitioner cannot reasonably be ..... falling in the category of conscious acts cruel in nature as that is the underlying requirement of the provision.26. the hon'ble supreme court in the case of praveen mehta v. inderjit mehta, reported in air 2002 sc 2582, has further made it clear that cruelty for the purpose of section 13(1)(ia) is to .....
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