Court : Madhya Pradesh
Decided on : Nov-19-2003
Reported in : 2004(3)MPHT40; 2004(2)MPLJ566
..... the facts of the present case on the anvil of the aforesaid provision of the statute. on going through the averments made in the application filed under section 13 of the act it is gathered that nowhere the husband has pleaded this fact that his wife has been incurably of unsound mind, though he has pleaded that his wife ..... as many as four issues. thereafter, the parties led their evidence. the trial court came to hold that the plaintiff had proved his case under section 13(1) (i-a) and (iii) of the act and eventually passed a decree of divorce on those grounds. hence this appeal.9. in this appeal shri r.d. jain, learned sr. advocate ..... 1-2003 passed by presiding officer of family court, gwalior in case no. 63-a/2002 (hindu marriage act), decreeing the application filed under section 13(1)(i-a) and section 13(1)(iii) of the hindu marriage act (hereinafter referred to as 'the act'), the wife has preferred this appeal,2. admitted facts are that the appellant and respondent were married on .....
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 : Nov-17-2003
Reported in : II(2004)DMC165
..... between them cannot be dissolved, on the ground that the wife has lodged the report against her husband, because section 23 of the hindu marriage act postulate that the petitioner should not take the advantage of his own wrong. it is proved that the petitioner was guilty of misbehaving his wife for the ..... the report lodged by the defendant and the learned trial court has framed the charge and after recording the evidence, the defendant was found guilty for the offence punishable under section 498a of the indian penal code. consequently, it is clear that the report lodged by the defendant wife against her husband was not false. under the circumstances the marriage ..... 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 31.8.2001 in civil suit no. 62/2000 passed by the learned additional district judge, shujalpur, whereby the marriage was dissolved by .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-14-2003
Reported in : III(2004)BC93
..... additional chief judicial magistrate, shujalpur in criminal case no. 525/2002 (as the case was renumbered) on 19.8.2002, the applicant was convicted under section 138 of negotiable instruments act, 1881 and was sentenced to suffer imprisonment till rising of the court and to pay a fine of rs. 10,000 (rupees ten thousand). out ..... applicant for the offence punishable under section 138 of negotiable instruments act, 1881 and sentenced to three months simple imprisonment and to pay a fine of rs. 5,000/-(rupees five thousand) vide judgment passed by j. ..... revision are that non-applicant no. 1 filed a complaint against the applicant in the court of judicial magistrate first class, shujalpur under section 420 of indian penal code and 138 of negotiable instruments act, 1881. the complaint was registered as criminal case no. 763/98. the trial court after duly registering the case, tried the .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-14-2003
Reported in : I(2004)DMC606
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 8.7.1996 passed by second additional district judge, shajapur in civil case no. 1/96 whereby the marriage was dissolved by the decree .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-13-2003
Reported in : II(2004)DMC256
a.k. awasthy, j.1. appellant/petitioner has filed this appeal under section 28 of the hindu marriage act against the judgment and decree dated 10.10.1996 passed by the ixth additional district judge-indore in hindu marriage case no. 273/1991, against the order of fixing of .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-11-2003
Reported in : 2004CriLJ2324; 2004(2)MPHT210; 2003(4)MPLJ270
..... for the offence punishable under section 376, ipc. the appellant abjured the guilt and pleaded that he was a tutor of the prosecutrix. she failed in the examination, therefore, her parents ..... who found him capable of sexual intercourse. ex. p-1-a is the report of dr. laxmi narain.5. after investigation, a challan for offence punishable under section 376, ipc was filed against the appellant and the case was committed to the court of session.6. the learned additional sessions judge framed charge against the appellant ..... in case of sexual offence is vital and unless there are compelling reasons which necessitate looking for corroboration of her statement, court should find no difficulty to act on the testimony of victim of sexual assault alone to convict accused where her testimony inspires confidence and is found to be reliable. corroborative evidence is .....
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 : Nov-06-2003
Reported in : II(2004)DMC242
..... with the decree of restitution of conjugal rights as he has not made any attempt to keep his wife in the matrimonial house and as such under section 23 of the hindu marriage act the appellant cannot get the relief of dissolution of marriage. the learned trial court has erred in holding that the respondent had made an attempt to ..... punjab and haryana 167, and (ii) smt. gajna devi v. purshotam giri, 13 (1997) dlt 77=air 1977 delhi 178, wherein it is held that section 13(1a) of the hindu marriage act, 1976 does not apply in a case where there is no restitution of conjugal rights between the parties after passing the decree. petitioner amarsingh (p.w. 1 ..... the respondent that the appellant is guilty of disobeying the decree of restitution of conjugal rights and as such he is not entitled for divorce under section 13(1)(1a)(ii) of the hindu marriage act. the learned trial court after framing the issues, has examined petitioner amarsingh (p.w. 1) and from the opposite side respondent smt. kiran (d .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-06-2003
Reported in : I(2004)DMC499
..... ghisaji was alive and the first husband of defendant no. 1 was alive. in these circumstances the marriage between the defendant no. 1 and ghisaji was void under section 5 of the hindu marriage act.11. it is not in dispute that plaintiff kamlabai is the daughter of the real brother of ghisaji. consequently, after the death of ghisaji intestate the daughter ..... ghisaji was not alive. learned counsel for the appellant has alleged that in view of the fact that the alleged marriage of defendant no. 1 was void under section 5 of the hindu marriage act. the defendant no. 1 will not get the right in the property of late ghisaji and as such the sale deed executed by the defendant no. 1 ..... a.k. awasthy, j.1. appellant/plaintiff has filed this appeal under section 96 of the cpc against the judgment and decree dated 30.8.1999, passed by additional district judge barwah, district west nimar in civil suit no. 2.a/92, dismissing .....
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