Court : Andhra Pradesh
Reported in : 2003(5)ALD803; I(2004)DMC300
..... filed o.p. no. 6 of 1995 under section 13(1)(ia) and (ib) of the hindu marriage act, 1955 (for short, the act) for dissolution of the marriage by a decree of divorce on the grounds of cruelty and desertion. the marriage between the parties took place on 8.12.1993 at visakhapatnam. according to the respondent-husband, the appellant ..... in which they were made.'the supreme court in the above decision categorically held that even where the marriage has irretrievably broken down, the act, even after the 1976 (amendment)act, does not permit dissolution of the marriage on that ground and that this circumstance may have to be kept in mind while ascertaining the type ..... the court below erred in allowing the o.p. filed by the respondent-husband on the ground of irretrievable break down of the marriage, as there is no provision under the act for granting the relief the learned counsel further contended that the court below failed to appreciate the evidence in proper perspective and misdirected itself .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(6)ALT141; I(2000)DMC663
..... the petitioner.26. though the petitioner has sought divorce on the grounds of cruelty as well as insanity under sections 13(1)(ia) and 13(1)(iii) of the hindu marriage act, 1955, in the absence of proper evidence, the ground of insanity pleaded by the petitioner is unacceptable to us. we are, however, satisfied that the petitioner has been amply ..... judge, rajahmundry (old o.p. no. 42 of 1996 on the file of sub-court, amalapuram) seeking dissolution of his marriage with the appellant under section 13(1)(ia) and 13(1)(iii) of the hindu marriage act, 1955. serious allegations and counter allegations have been levelled against each other by the respondent-husband and appellant-wife. however, we do not ..... dated 26-10-1998 passed in o.p. no. 108 of 1997 by the court below.28. the appellant-wife has filed a petition under section 25 of the hindu marriage act seeking permanent alimony, in the event her appeal c.m.a. no. 3073 of 1998 is dismissed, of rs. 10,00,000/- apart from return of ornaments .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1963AP158
..... in favour of the respondent, the wife. in this view of the matter, the subordinate judge dismissed the petition filed by the husband under section 10 of the hindu marriage act, 1955. it is this view of the subordinate judge that is impugned before us in this appeal preferred by the aggrieved husband.4. it is contended by sri venkatarama sastry ..... the competency of the former court to try this matter is not complied with in that it was not competent for the district munsif to entertain proceedings under the hindu marriage act, this case is not governed, by the doctrine of res judicata. the learned counsel argues that notwithstanding the fact that the plea of res judicata was founded ..... chandra reddy, c.j.1. the point involved in this appeal beats on the applicability of the doctrine of res judicata to proceedings under the hindu marriage act.2. the appellant, who is the husband of the respondent, applied for a decree for judicial separation against his wife in the subordinate judge's court, .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(3)ALD350; 2000(3)ALT130; II(2000)DMC351
..... us is the entitlement of maintenance by the divorced wife.37. a petition in cmp no.12488 of 1998 has been filed by the wife under section 25 of the hindu marriage act, 1955 seeking maintenance at the rate of rs.25,000/- per month to herself and rs.25,000/- per month to the daughter and rs.10,000/- towards legal expenses. ..... by the party for obtaining the copy of the order, such an appeal has to be treated as appeal filed in time as provided under section 28(4) of the hindu marriage act, 1955.32. in the light of the scenario emerging on the question of preferring the appeal by an aggrieved party, from the above cited pronouncements, we shall now proceed to examine ..... cma no.1257 of 1996 arises out of an order passed by the same court in op no.85 of 1988 filed by the wife under section 9 of the hindu marriage act, 1955 for restitution of conjugal rights. the learned subordinate judge, kavali allowed op no.2 of 1988 filed by the husband and granted a decree of divorce between the parties .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1983AP356
..... tirupathi when the marriage took place or at madras where the petitioner and respondent last resided together alone have jurisdiction to try this petition. hence the petition ..... petition that the marriage took place at tirupathi and the petitioner and respondent last resided together at madras hence the main petition does not lie in this court for the reason that the cause of action is raising outside the territorial jurisdiction of this court. as per section 19 of the hindu marriage act 1955 the court at ..... unwilling opposite sexual partners even if it be during the matrimony of the parties.22. the hindu marriage act was enacted by our parliament in the year 1955 and the legislative competence of the parliament to enact section 9 of the act under item 5 of the list iii of the vii schedule to the constitution is undoubted. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(3)ALD285; 2000(3)ALT211; II(2000)DMC403
..... i mayincidentally add that the present section 25 in the code of civil procedure came into force after sections 21 and 21a have been incorporated in the hindu marriage act, 1955.'17. from the aforesaid judgments, it is clear that under section 25 wider powers were conferred on the supreme court, but at the same time, ..... court could not have been in the contemplation of parliament at the time of enactment of section 21a of the hindu marriage act, 1955. it is, therefore, difficult to accept the contention that section 21a of hindu marriage act excludes the power of transfer conferred upon this court by the present section 25 of cpc in relation to ..... accept the contention that the substantive provision contained in section 25 cpc is excluded by reason of section 21 of hindu marriage act, 1955. section 21 of the hindu marriage act merely provides: 'subject to the other provisions contained in this act and to such rules - as the high court may make in that behalf, all proceedings under this .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1964AP308
..... 1) contends that full details of adultery have not been mentioned in the petition as required by rule 6(g)(ii) of the rules framed under the hindu marriage act, 1955. we have already extracted in this judgment from the petition, the portion relating to the actual allegation of living in adultery. it is true that in the ..... alleged adulterer being made a co-respondent whereas there is no such provision in the hindu marriage act itself. siich provision has been made under rule 8 framed by the high court, under the hindu marriage act, 1955.29. the court-fees and suite valuation act (andhra act vii of 1956) makes provision forcourt-fees on the claim of damages in petitions ..... for divorce. article 1 of schedule ii to the act runs as follows: -'(vii) petition or memorandum of appeal under the hindu marriage act, 1955 ten rupees.explanation:- if in a suit falling under any of these clauses, there is a specific claim for damages .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1992AP234; 1992(2)ALT346; II(1992)DMC608
..... stage would be the legal position as per the shastraic and textual hindu law and how it was understood and interpreted by courts prior to the enactment of the hindu marriage act of 1955. the second stage is the law after the advent of s. 16 of the hindu marriage act, 1955. the third stage is the legal position emerging as a result of ..... even where the marriage is null and void and under section 11 any child of such marriage shall be legitimate whether or not a decree of nullity is granted in ..... effect of amendment to section 16 effected by section 19 of the marriage laws (amendment) act, 1976, and observed at page 214 as follows :'this amendment was made to remove certain anomalies and handicaps that had come to light after the passing of the hindu marriage act, 1955. by the amendment the sweep of section 16 has been widened and .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2008AP216; 2008(4)ALD408; 2008(4)ALT317; II(2008)DMC217
..... specified thereunder. sub-section (1) of section 25(2) makes it clear that such an order may be passed by the court exercising the jurisdiction under the hindu marriage act, 1955 at the time of passing any decree or at any time subsequent thereto. in other words, grant of maintenance under section 25(1) is incidental to the ..... erroneous contended that a decree for maintenance in terms of compromise between the parties is not a bar to maintain an application under section 25(2) of the hindu marriage act, 1955 if there are changed circumstances. in support of his submission, the learned counsel cited a decision of a division bench of this court in chimalakonda ambayamma (died) ..... . the said settlement dated 19-2-2003 was reduced into writing.5. pursuant to the said memorandum of settlement, though a petition under section 13b of the hindu marriage act, 1955 was filed on 16-4-2003, since the husband resiled no decree could be passed and therefore the wife was constrained to file o.p. no. 766 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1977AP43
..... and lakshmaiah ,jj. distinguished that earlier decision on the ground that , in the case before them, the marriage was solemnized in 1953 prior to the enactment of the hindu marriage act, 1955 and, therefore, the provisions of the hindu marriage act would not apply and it could not be said that there was violation of clause (iii) of section 5 ..... this amendment reinforces and confirms the view that we are taking on a pure interpretation of the different provisions of the hindu marriage act, 1955 even as it stood prior to its amendment by the marriage laws (amendment) act, 1976.23. for these reasons we hold that the decision of the division bench of this high court in p. ..... common point of law, both of them have been placed before the full bench for deciding the following question:'whether a hindu marriage governed by the provisions of the hindu marriage act, 1955 where the parties to the marriage or either of them are below their respective ages as set out in clause (iii) of section 5 of the .....
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