Court : Andhra Pradesh
Reported in : [1976]102ITR19(AP)
..... date of its execution and not from the date of its registration and, therefore, the sale in favour of the petitioner was untouched by section 269c of the income-tax act. sri anjaneyulu relied on kalyanasundaram pillai v. karuppa mooppanar sadei sahu v. chandramani dei, air 1948 pat 60 thirumagaral mudaliar v. muruga pillai : air1960mad55 and adaikappa chettiar v ..... 4. the question is what is the effect of section 47 of the registration act on section 54 of the transfer of property act ?5. in kalyanasundaram pillai v. karuppa mooppanar], the question before the privy council was whether an adoption of a son by a hindu made after the execution and delivery of a deed of gift in favour of ..... a charity, but before its registration, rendered the deed void as against the adopted son. the answer to the question depended on the effect of section 47 of the registration act on section 123 of the transfer .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(5)ALD60
..... with all rites and rituals by a person with another, who has a spouse living, is void, how can a married man, in the teeth of the act and hindu marriage act, 1955, by the mere act of his long living and cohabiting with another woman, elevate her to the status of his 'wife' by invoking the fiction in the above decisions relied on by the ..... learned counsel for the plaintiffs such presumption, if drawn, would be opposed to public policy and gives scope for making section 10 of hindu marriage act, 1955, nugatory. if the said proposition is to be accepted a concubine of a married man can enjoy the status of a wife, whereas a woman who actually undergoes the ceremony ..... a married man can only have the status of a concubine and not a wife in view of section 10 of the hindu marriage act, 1955. therefore, even with the aid of the decisions relied on by the learned counsel for the plaintiffs, 1st plaintiff cannot be said to be the wife of the deceased.50. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(3)ALD168; 2004(1)ALT450; I(2004)DMC467
..... contended that inasmuch as the first wife is living, by virtue of section 5(1) of the hindu marriage act, 1955, hereinafter referred to as 'act' for the purpose of convenience, read with section 11 of the act, the second marriage is void and hence the finding of the appellate court that the second wife also is entitled to ..... the father.'in rameskwari devi v. state of bihar, : (2000)illj1087sc , it was held:'under section 16 of the hindu marriage act, children of void marriage are legitimate. under the hindu succession act, 1956 property of a male hindu dying intestate devolve firstly on heirs in clause (1) which include widow and son. among the widow and son, they all ..... (1) hlr 446). in rasala suryaprakasahrao v. rasala venkateswar rao, : air1992ap234 , the division bench held:'even prior to the advent of section 16 of the hindu marriage act, both as per the shastraic and textual law as well as the decisions of the highest courts, the illegitimate son of a sudra is entitled to enforce a .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP547
..... , is a central act and it extends to the whole of india except the state of jammu and kashmir. section 9 enables a husband ..... hindu marriage act (act xxv of 1955) which became law on 18-5-1955. if this act had been brought to the notice of the le'arned judges, i am certain that they would not have referred the case to the full bench. i shall, therefore, proceed to consider the applicability of the provisions of that act to the plea raised by the appellant.9. the hindu marriage act, 1955 ..... and maintenance on the ground that her husband had married a second wife prior to the passing of the hindu marriage women's right to separate residence and maintenance act, 1949 (hereafter referred to as the act), referred the aforesaid question to the full bench.7. the suit was for restitution of conjugal rights. the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1998(5)ALD465; 1998(5)ALT152; I(2000)DMC266
..... . it is not in dispute that the parties to the proceedings arc hindus and they are being governed by their personal laws. the hindu marriage act, 1955, the hindu adoption and maintenance act, 1956. the hindu minority and guardianship act, 1956 and the the hindu succession act, 1956 are package of enactments being part of socio-legal scheme applicable to hindus. in view of the divergent schools governing the personal ..... annulled by a decree of nullity under section 11 or passing a decree of a kind envisaged under sections 9 - 14 of the hindu marriage act, and therefore, it allows that the hindu marriage act, 1955 recognizes notwithstanding the fact that the marriage is null and void, that the wife has the status atleast for limited purpose of applying for alimony and maintenance. this statutory intention, according to .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(1)ALD76; 1999(6)ALT608; II(2000)DMC470
..... also placed reliance on another decision of thesupreme court rendered in the case of ramesh chander v. savitri (smt.), : [1995]1scr212 , wherein it was held as follows:'hindu marriage act, 1955 - section 13(1)(ia) - cruelty - when marriage is dead, emotionally and practically, and there is no chance of its being retrieved, continuance of it would be cruelty -during 25 years of ..... in op no.84 of 1995 (old op no.288 of 1994), dated 22-5-1997, filed by the husband under section 13(1)(ia)(ib) of hindu marriage act against the wife radhika for a decree of divorce and for custody of the child kum. vijeta.2. the rank of the parties is mentioned as before the court ..... case, reported as smt. maya v. brij nath, air 1982 delhi 240, while dealing with the concept of cruelty in the hindu marriage act, the court observed as under: 'cruelty has not been defined in the act. but it is now well settled thatthe conduct should be grave and weighty so as to make cohabitation virtually unendurable. it must be .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(2)ALD290; 2006(2)ALT383; II(2006)DMC4
..... which may extend to one thousand rupees or with both.6. going by these provisions of law, a marriage solemnized in contravention of section 5(iii) of the act is not a void marriage. therefore there is nothing in the hindu marriage act, 1955 which would make a marriage illegal if it is solemnized if the bride has not completed the age of 18 years. although it is ..... will have to examine the law on the subject. we will first see whether the marriage as claimed by the alleged detenue and 3rd respondent is a valid marriage or not. section 5 of the hindu marriages act, 1955 (for short 'the act') lays down the conditions which must be fulfilled before the marriage was solemnized between two hindus. one of the conditions contained in section 5(iii .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1998(2)ALD716; 1998(1)ALT558; II(1998)DMC187
..... .p.no.121 of 1994 suffer from infirmity.17. having regard to the above discussion and in the light of the provisionscontemplated under section 23 of the hindu marriage act, 1955 the order and decree of the lower court passed in o.p.no.121 of 1994 cannot sustain and we accordingly set aside the same. consequently, o ..... a decree of divorce. in this context, it is quite essential to advert to the provisions of section 23 of the hindu marriage act, 1955 which stipulate as under:23. decree in proceedings :--(1) in any proceedings under this act, whether defended or not, if the court is satisfied that- (a) any of the grounds for granting relief exists ..... granted the decree of divorce giving a go-bye to the satisfying requirement as visualised under section 23 of the hindu marriage act, 1955.16. we do not appreciate the reasoning given by the lower court for dissolving the marriage between the parties, in the background of the non-fulfillment of the requirement contemplated under section 23 of the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(1)ALD159; 2000(1)ALT285; II(2000)DMC118
..... that both of them have stayed under one roof as husband and wife and resumed cohabitation.19. counsel for the respondent-wife contended that section 23 of the hindu marriage act, 1955 imposes an obligation on the court not to permit a wrong doer totake advantage of his or her own misdeeds. she contended that the petitioner is trying ..... passing a decree for judicial separation, the husband is not disentitled to get a decree of divorce.15. the wife presented a petition under section 10 of the hindu marriage act, 1955 in op no.358 of 1995 on the file of the family court, hyderabad seeking a decree of judicial separation on several grounds. the husband filed an ..... decree is a collusive decree and as such the petitioner-husband cannot take advantage of that decree for obtaining divorce under section 13(1-a)(i) of the hindu marriage act, 1955 on the ground that there is no resumption of cohabitation between them from the date of passing of the decree for judicial separation i.e., on 23-12 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1995AP147; 1995(1)ALT628
..... petitioner in this case. the revision has been filed questioning the order of the learned subordinate judge, machi-lipatnam fixing interim alimony under section 24 of the hindu marriage act, 1955 (for short 'the act') at rs. i50/- per month and directing payment of sum of rs. 500/-towards the litigation expenses pending the main o.p., filed by the ..... the view of the delhi high court in 'smt. chitra-lekha v. ranjit rai, : air1977delhi176 that an application for interim maintenance under section 24 of the hindu marriage act, 1955 can be considered only during the pendency of the main o.p. and if the o.p. itself is disposed of, without an order being passed in the ..... the date of the application.' the learned counsel for the petitioner submits that the same reasoning and rationale should be applied also to cases under section 24 of the hindu marriage act, 1955. he also relies on the judgment of a learned single judge of rajasthan high court in 'bhanwar-lal v. smt. kamala devi, , which is a case .....
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