Court : Delhi
Reported in : AIR1989Delhi122; 1989(16)DRJ105
..... dismissing his petition for a decree of divorce by dissolution of his marriage with the respondent filed under the provisions of section 13(l)(ia)(ib) of the hindu marriage act, 1955, as amended by the marriage laws (amendment act of 1976). (2) it is a case of short lived marriage between the spouses, as revealed from the facts culled from the record ..... awarding by court, a reasonable maintenance.' this could be nothing but a divorce through court by mutual consent as now provided by section 13-b of the hindu marriage act, with some alimony. there is also a suggestion in one of his earlier letters, that in case she was not prepared to return unconditionally, with a ..... been disclosed, not only in the written statement filed by the respondent at the earliest opportunity, but also in the application moved under section 24 of the hindu marriage act for seeking maintenance pendente lite for herself and her child, the petitioner did not take any steps to make amends for the lapse, and when he did .....
Tag this Judgment!Court : Delhi
Reported in : 2008(104)DRJ611
..... district judge vide order dated 17.3.1987. after some gap the appellant had filed a second divorce petition seeking dissolution of the marriage under section 13 1(ia) & 1(ib) of the hindu marriage act 1955, and the said petition was dismissed by the court of shri s.m. chopra, the then additional district judge, delhi vide ..... to accept the contention that the substantive provision contained in section 25, cpc is excluded by reason of section 21 of the 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 this behalf, all proceedings under this ..... answered in negative and against the petitioner. 12. again in the second divorce petition filed by the appellant being hma 600/1993 under section 13(1-a) (ii), 13 (ia) & (ib) of the hindu marriage act, 1955 the appellant reiterated the said allegations in the said petition as would be apparent from para 4 of the petition .....
Tag this Judgment!Court : Delhi
Reported in : AIR1973Delhi46; 8(1972)DLT292
..... of this court, whereby accepting the appeal of the respondent herein, the petition of the appellant herein for judicial separation under section 10 the hindu marriage act, 1955 (hereinafter called the act) was dismissed. (2) the appellant and the respondent are hindus who were married at delhi on 2nd may, 1960. after their ..... of life must yield to a more realistic approach in human relationship. this ultimately resulted in codification of various facts of hindu law adapted to suit the requirements of the modern way of life. the enactment of the hindu marriage act, 1955 was a result of this change in thinking, to do away with the ancient outmoded concept of ..... marriage and to put this human relationship on a more rational basis. thereforee, in construing the provisions of this law, a practical and .....
Tag this Judgment!Court : Delhi
Reported in : AIR1988Delhi93; 1987(13)DRJ167
..... of divorce on the ground of cruelty emanating from the same facts on which he could have sought the decree of nullity, under section 13(1)(ia) of the hindu marriage act, 1955 (as amended up todate), and this option on the part of the husband could in no way deprive him of the remedy of divorce which he has now ..... 1983 passed by shri r.c. jain, additional district judge, delhi whereby the petition of the husband under section 13(l)(i) and (ia) of the hindu marriage act, 1955, as amended, seeking dissolution of his marriage by a decree of divorce, against his wife respondent no. 1 sudesh kumari (hereinafter to be referred to as the 'wife') was dismissed with costs.(2 ..... be erroneous.(23) the husband could have availed of the remedy of a decree of nullity annulling the marriage under section 12(1)(d) of the hindu marriage act, 1955 by bringing a petition for that relief within one year from the date of the marriage as postulated by sub-section 2(b)(ii) of section 12 but he did not avail of .....
Tag this Judgment!Court : Delhi
Reported in : ILR1978Delhi97
..... consideration in this case.'section 19 of the hindu marriage act reads as under :- '19.every petition under this act shall be presented to thedistrict court within the local limits of whose ordinaryoriginal civil jurisdiction the marriage was solemnisedor the husband and wife reside or last resided together.'section 19 of the hindu marriage act, 1955 has been amendedby the marriage laws (amendment) act 68 of 1976 and the sectionnow reads ..... as under :- '19.court to which petition shall be presented :-every petition under this act shall be presented to the districtcourt within the local .....
Tag this Judgment!Court : Delhi
Reported in : AIR1981Delhi99; ILR1981Delhi359
..... made an application under section 24 of the act on april 20, 1978, turn maintenance pending the determination of the application under section 25 and expenses of the ..... jain, j. (1) the marriage between the parties which took place on march 4, 1960, was dissolved on march ii, 1977, on accusations of cruelty and desertion leveled by the wife mrs. jyoti rani. she then made an application on may 25, 1977 under section 25 of the hindu marriage act, 1955 (herein the act), for permanent alimony. she also ..... if this were not done, then no maintenance could be claimed except whatever could be claimed under section 125 criminal procedure code . and section 18 of the hindu adoption and maintenance act, 1956. it is thereforee urged that there is a compelling reason for interpreting 'husband and wife' in section 25 so as to include ex- .....
Tag this Judgment!Court : Delhi
Reported in : II(2001)DMC365; 2001(60)DRJ200
..... missing, or dead, or retired from the world, or impotent, or degraded, in these five calamities a woman may take another husband.' but the hindu marriage act, 1955 (in short, 'the act') statutorily provides for divorce, on nine grounds enumerated in sub-section 13(1), and two more grounds are also provided in sub-section 13(1a). these ..... belonging to lower-middle class families entered into a marital knot on 21.10.1990 at new delhi according to hindu rites. on 27.03.1992, the husband filed a petition for dissolution of the marriage by a decree of divorce on the ground of 'cruelty'. according to the pleadings, wife's behavior and ..... manu expounded the subject so also many other smritikaras and commentators. marriage is necessarily the basis of social organization and the foundation of important legal rights and obligations. the importance and imperative character of the institution of marriage needs no comment. in hindu law, marriage is treated as a smaskara or a sacrament. it is the .....
Tag this Judgment!Court : Delhi
Reported in : AIR1979Delhi22; ILR1978Delhi331
..... apply to any suit or other proceeding under any such law. (4) (7) under the indian divorce act. 1869, the remedy to obtain relief in matrimonial causes is by way of suit. under the hindu marriage act, 1955 the remedy is by a petition,. under both acts the court is empowered to pass decrees. in matters regarding maintenance, alimony, or custody of children etc. the court ..... is empowered to pass orders. (8) now sub-sec. (3) of s. 29 of the limitation act says that nothing in the act shall apply to any suit or .....
Tag this Judgment!Court : Delhi
Reported in : ILR1969Delhi758
..... march 18, 1969 of mr. k. s. sidhu, additional district judge, delhi which he passed in hindu marriage act case no. 21 of 1968. the said case has been instituted by the petitioner under section 9 of the hindu marriage act 1955 for restitution of conjugal rights. the petitioner had filed a petition for that purpose which was verified as follows ..... as the hig court may make in this behalf, all proceedings under this act shall be regulated, as far as may be, by the code of civil procecure 1908.' rules under the hindu marriage act 1955 were made by the punjab high court and styled the hindu marriage (punjab) rules 1956. rule 16 provides that the forms given in the ..... appendix to the rules may, with necessary modifications, be used in the proceedings under the act. form b appended to the rules is a .....
Tag this Judgment!Court : Delhi
Reported in : AIR2005Delhi1; 114(2004)DLT289; 2004(77)DRJ133; (2004)138PLR59
..... j. 1. fao 424 of 2000 is directed against the judgment dated 25.9.2000 of the additional district judge in hma no. 41/2000 disposing of a petition under section 25(2) of the hindu marriage act, 1955 (for short 'the act') moved by ms. prema jain for enhancement of permanent alimony granted. the learned judge held that a sum of rs. ..... the maintenance which have been granted by the high court on 19.7.94, is sought to be enhanced by moving the application under section 25(2) of hindu marriage act. it is claimed in the petition that the respondent sometimes remits the maintenance and sometimes not which is causing drastic problems. the respondent is living in a lavish ..... style. the respondent has got colour tv, vcr etc. and the children born out of the marriage between the respondent and the next wife after the divorce are studying in dav public school where the respondent is paying @ rs. 250/- per month. the petitioner .....
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