Court : Delhi
..... fao4312018 page 1 of 9 3. both proceedings are taken up together as entail common question of law i.e., interdiction by family courts act, 1984 of remedies against orders in proceedings under the hindu marriage act, 1955.4. cm(m) no.1109/2018 under article 227 of the constitution of india impugns the order [dated 24th july, 2018 in m ..... court in manish aggarwal supra held that the words any other law in the non-obstante clause in section 19(1) would include the hindu marriage act. thus, irrespective of the remedies provided under the hindu marriage act or under the cpc, unless the order impugned in both these proceedings is provided for in sub-section (2) of section 19 or cm ..... on the party concerned must be direct and immediate rather than indirect or remote. (iii) that the order of interim maintenance under section 24 of the hindu marriage act has a character of finality attached to it and does not qualify as an interlocutory order within the meaning of section 19(1) of the family courts .....
Tag this Judgment!Court : Delhi
..... fao4312018 page 1 of 9 3. both proceedings are taken up together as entail common question of law i.e., interdiction by family courts act, 1984 of remedies against orders in proceedings under the hindu marriage act, 1955.4. cm(m) no.1109/2018 under article 227 of the constitution of india impugns the order [dated 24th july, 2018 in m ..... court in manish aggarwal supra held that the words any other law in the non-obstante clause in section 19(1) would include the hindu marriage act. thus, irrespective of the remedies provided under the hindu marriage act or under the cpc, unless the order impugned in both these proceedings is provided for in sub-section (2) of section 19 or cm ..... on the party concerned must be direct and immediate rather than indirect or remote. (iii) that the order of interim maintenance under section 24 of the hindu marriage act has a character of finality attached to it and does not qualify as an interlocutory order within the meaning of section 19(1) of the family courts .....
Tag this Judgment!Court : Delhi
..... at an earlier stage, that the court may permit the same to be brought on record.22. one of the objectives of the act is to secure speedy settlement of disputes relating to marriage and family affairs. in the present case, as noted hereinabove, the petition seeking divorce has been filed in november 2014 and far back ..... institutions, entrance examinations, medical papers of shivam surgical & maternity centre, conference invitations which she attended, m.a & m.b.a degree of her father, some marriage photographs. it is pertinent to mention here that all these documents could not be filed as all these documents were lying here and there and the respondent could not ..... therefore, not be appealable under section 19 of the act. i find no merit in the preliminary objection raised by the learned senior counsel for the respondent.10. as far as the merit of the petition is concerned, few dates would first require specific mention: the marriage between the parties was solemnized on 22.02.1992. they .....
Tag this Judgment!Court : Delhi
Reported in : 20(1981)DLT417
..... of the judgment and the award which is required to be filed along with memo. of appeal under section 110-d of the motor vehicles act must be a certified copy. (3) learned counsel for the appellant submits that it was a mistake of the counsel's clerk and ..... in order 41 rule i of the code of civil procedure, the said rule of this court as well as rules under the motor vehicles act, 1939. the supreme court in state of uttar pradesh vs . g.tobit and others, : 1958crilj809 has held that the word 'copy' ..... of the counsel for the appellant. (2) this appeal, as already stated, has been filed under section 110-d of the motor vehicles act. rule 2(b) of chapter 1-a of vol. v of the rules and orders of the punjab high court as applicable to this ..... copy within time. in the application c.m. no. 3077 of 1981 under the proviso to section 110-d of the motor vehicles act, the appellant submits that the certified copy was sent by the delhi transport corporation to its counsel on 18th march, 1981 but the clerk .....
Tag this Judgment!Court : Delhi
Reported in : 1982CriLJ901
..... behalf of the husband-respondent it has been held that in spite of the fact that the marriage between the parties has been declared a nullity under section 12 of the hindu marriage act (herein called 'the act'), usha rani continues to have the status of a wife and as such she is entitled to ..... her status continues to be that of a wife, relevant provisions of the hindu marriage act regarding dissolution of marriage may be noticed. 10. section 11 deals with cases where the marriage is null and void. it provides that a marriage which is bigamous or which contravenes the rules relating to relationship within the ..... the expression 'divorce' has not been defined anywhere in the hindu marriage act or in the code. according to webster third new international dictionary 'divorce', inter alia, means 'an absolute dissolution of a valid marriage made by a decree of court for lawful cause arising after the marriage .......... distinguished from annulment.' according to this dictionary the expression .....
Tag this Judgment!Court : Delhi
Reported in : AIR1986Delhi399; 1986(10)DRJ286
..... by shri k.s. gupta, additional district judge, delhi, on 11/3/1985. (2) by this judgment, the wife's petition under section 12(1)(a) of the hindu marriage act, 1955 (hereinafter called 'the act') was dismissed. the learned district judge held that he had no jurisdiction because the respondent was not domiciled in india. he was not governed by the provisions of the ..... place of the husband', it is stated 'd-249, defense colony, new delhi'. this certificate is certified to be a true extract from the marriage register maintained in the office of the registrar of marriage under the hindu marriage act, 1955. the certificate evidences signatures of amardeep singh khosla in col. 13 and the appellant wife moina khosla in col. 14. the certificate prima facie goes .....
Tag this Judgment!Court : Delhi
Reported in : AIR2007Delhi101; 2006(92)DRJ650
..... within the jurisdiction of the registrar, for more than thirty days. 7. the relevant form reads as follows:application for registration of marriage under section 8 of the hindu marriage act, 1955(central act-25 of 1955)1. name & parentage of the parties husband ............father's name ............wife ............2. age/date of birth father's name ............husband ..... final hearing.2. this writ petition challenges sub-clause (vi) of clause 7 in form a of the delhi hindu marriage registration rules, 1956, as being ultravires of section 8 of the hindu marriage act, 1955 as well as being contrary to the mandate of the judgment of the hon'ble supreme court in seema v ..... has further submitted that the hon'ble supreme court in connection with the interpretation of section 8 of the hindu marriage act, 1955, has thus held that marriage should be registered in the state, where the marriage is solemnized and consequently, no rule or a form could stipulate terms contrary to the said binding position .....
Tag this Judgment!Court : Delhi
Reported in : AIR1983Delhi351; 23(1983)DLT434; ILR1984Delhi201
..... 'the act'). he sought dissolution of the above mentioned hindu marriage on the ground of cruelty.4. in the said petition, the petitioner indicated his name as vilayat raj alias vilayat khan son of krishan ..... parties were both hindus at the time. the marriage took place in delhi and was solemnized in accordance with hindu rites and ceremonies. on 15th september, 1980, a child was born of this marriage. subsequently, the parties spearated.3. thereafter, on 1st october, 1981, the petitioner filed a petition under section 13(1)(ia) of the hindu marriage act, 1955 (to be referred to in short as .....
Tag this Judgment!Court : Delhi
Reported in : AIR2008Delhi7; 148(2008)DLT522; I(2008)DMC529
..... brought to define hindu wife. section 4 clearly gives overriding effect to this act.this act was brought into force in the year 1956. as on that date hindu marriage act, 1955 was already in force, which contains provision like section 5 regarding void marriages. if 'second wife', though her marriage is void under the hindu marriage act, was to be ..... denied maintenance, then the legislature would not have included provision like clause (d) in sub-section (2) of section 18 of the act or ..... replier on pari materia principle, though strictly the decree is not passed having reference to section 11 of the hindu marriage act. the right recognised by section 25 of the hindu marriage act can clearly be worked out in any civil proceeding subject to consideration of facts and circumstances so as to meet .....
Tag this Judgment!Court : Delhi
Reported in : 100(2002)DLT682; I(2003)DMC139
..... to such an extent that the petitioner cannot reasonably be expected to live with the respondent.19. according to the provisions of the hindu marriage act, 1955 only the district court within the local limits of whose original civil jurisdiction-(i) the marriage was solemnized, or (ii) the respondent at the time of the presentation of the petition resides, or (iii) the parties to the ..... enforceable in law or not. in the present case the marriage was solemnised at new delhi according to the hindu rites. the parties to the suit are hindus by religion and the marriage and divorce of hindus in india re governed by the provisions of the hindu marriage act, 1955 and all exist in hindu laws. the marriage of hindus can be dissolved if any on the grounds as .....
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