Court : Gujarat
Reported in : (1983)34CTR(Guj)230; (1983)1GLR623; [1983]142ITR211(Guj)
..... 24. a division bench or this court in mangaljibhai roopjibhai v. state [1972] 13 glr 649, after reproducing s. 53 of the bombay town planning act (xxvii of 1955), observed as under : 'when lands required by the local authority vest absolutely in the local authority free from all encumbrances under section 53, clause ( ..... not taken consideration while making the aforesaid observation). 40. two questions, therefore, arise for consideration, namely : (1) does the newly added chapter in the act seek to compulsorily acquire immovable property for a public purpose; and (ii) whether the amount payable for the acquired property fixed by the impugned legislation is illusory ..... in the government free from all encumbrances.' 21. in collector of bombay v. nusservanji rattanji mistri, : [1955]1scr1311 , the supreme court, after examining the scheme of the statute, which is similar to chap.xx-a of the act, explained the meaning of the expression 'encumbrance' in the following words (p. 305) : 'under section .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2008Guj106; 2008GLH(1)772; (2008)2GLR1128
..... 14 or article 25 of the constitution, the provisions are violative of article 21 of the constitution and are also inconsistent with the provisions of the hindu marriage act, 1955. relying on the decision of the apex court in vinita saxena v. pankaj pandit : air2006sc1662 , it is contended that the husband denying the ..... 'constitution').7. apart from the above view of the matter, in our considered opinion, the impugned provisions of the state act cannot be said to be inconsistent with the provisions of the hindu marriage act, 1955. reliance placed on the decision in vinita saxena v. pankaj pandit : air2006sc1662 is thoroughly misconceived. the undisputed facts in ..... a ground for decree of divorce. it is submitted that the impugned provisions of the state act are therefore, inconsistent with the provisions of the hindu marriage act, 1955 as well as the provisions of the medical termination of pregnancy act, 1971, and therefore, by virtue of provisions of article 254 of the constitution, the .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2007Guj5; (2007)1GLR859(GJ)
..... the opponent during pendency of hmp no. 341 of 2005 moved an application for maintenance pendente lite under the provisions of section 24 of the hindu marriage act, 1955 (the marriage act). the applicant herein has already submitted his reply and his objections to the said application. the present application came to be moved by the petitioner ..... joint family of the father also.(ix) that, the civil court ought to have considered the equality envisage in provisions of section 24 of the hindu marriage act, 1955. the petitioner husband wanted to prove on basis of the demanded documents that, the respondent wife has independent income sufficient for her support and the ..... woman.(x) that, the civil court ought to have considered the equality before law provided in section 24 of the hindu marriage act, 1955 and equal rights in properties by amendment in the hindu succession act, 1956 provided to respondent wife which are required to proved on basis of the documents and the court shall decide .....
Tag this Judgment!Court : Gujarat
Reported in : I(1998)DMC345; (1997)3GLR440
..... businesses and properties. she has, therefore, prayed for interim alimony and expenses as stated above in exercise of her right under section 24 of the hindu marriage act, 1955 (for short 'die act'). the petitioner has denied the allegations contained in the respondent's application for interim alimony and cost. according to him, the trial court awarded in ..... the opponent sunita (wife) on the ground that his wife treated him with cruelty, as per the ground available under section 13(l)(ia) of the hindu marriage act, 1955 on the allegations that the respondent was having attacks of fit, she used to pick up quarrels frequently, she attempted to commit suicide and she filed ..... both mental and physical which could entitle an applicant to claim divorce under section 13(1)(ia) of the hindu marriage act, 1955. in chanderkala trivedi (smt.) v. dr. s.p.trivedi : (1993)4scc232 , it was held that if a marriage was dead and there was no chance of its being retrieved it was better to bring it to an end .....
Tag this Judgment!Court : Gujarat
Reported in : I(1992)DMC614
j.n. bhatt, j.1. by this appeal under section 28(1) of the hindu marriage act 1955 ('act' for short hereinafter), the appellant original petitioner has challenged the judgment and decree passed in hindu marriage petition no. 3 of 1988 on 21/3/1991 by district court, valsad, navsari.2. a few relevant facts giving birth to the present appeal may, shortly, be ..... may be available to him under the law for the return of those items. no provision is indicated or pointed out at either under the provisions of hindu marriage act or any other act which would empower this court to grant such a direction or grant the relief in favour of the husband. in fact, it is nothing but polishing a ..... by the code of civil procedure, 1908 (5 of 1908).'14. the attention of this court is also invited to the provisions of section 13-b(2) of the hindu marriage act, which reads as under :'(2) on the notion of both the parties made not earlier than six months after the date of the presentation of the petition referred to .....
Tag this Judgment!Court : Gujarat
Reported in : II(2003)DMC428; (2003)1GLR865
..... may be classified under the following heads :-(a) actual desertion,(b) constructive desertion, and(c) wilful neglect : this expression is used both under the special marriage act, 1954 and the hindu marriage act, 1955 and in some cases, it has been considered part of constructive desertion.the main elements of desertion are :(a) the fact of separation (factum deserdendi), and(b ..... jorden diengdeh v. s.s. chopra, reported in air 1985 sc 935 para 7.(2) he submitted the 71th report of the law commission of india on the hindu marriage act, 1955, dated april 7, 1978 throw much light on the matter. [re. the same has been quoted by the apex court in the case of ashok hurra v ..... lived with her parents at rajahmundry, while the husband continued to stay with his parents at palacole. the husband filed a petition for dissolving the marriage under section 13 of the hindu marriage act, 1955 praying for a decree for divorce on the ground stated in sub-clause (i-b) of sub-section (1). in the petition, it .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1999Guj251; I(2000)DMC323; (1999)2GLR1170
..... staying the suit in such circumstances is the best way of dealing with such a situation and the said principle should be applied in proceedings under the hindu marriage act, 1955 as a rule of justice, equity and good conscience. it was contended before the calcutta high court on behalf of the husband that the wife could ..... are neither practical nor feasible to advance the purpose and object of justice, rather the whole purpose of providing maintenance pendente lite as contemplated by the hindu marriage act to spouse who is handicapped, shall stand defeated and thwarted. in such cases, where the order of maintenance pendente lite has been passed by the ..... to decide the case satisfactorily or expeditiously. it will result in denial of justice to the person in whose favour the order under section 24 of the hindu marriage act has been made. however, the punjab high court further considered that when the question arises if the courts are helpless and cannot make effective the legislative .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)1GLR309
..... matrimonial home amounts to desertion and the appellant-husband is entitled for a decree of divorce on the ground provided under section 13(1)(ib) of the hindu marriage act, 1955.14.7 i have considered the entire aspect and there is no useful purpose to have kept the parties as husband and wife particularly from 1993 both husband ..... s matrimonial home amounts to desertion and whether the appellant-husband is entitled for decree of divorce on this ground as provided under section 13(1)(ib) of the hindu marriage act, 1955 ?'4a. this matter was heard on 24th and 26th december, 2001. arguments were over. however, at that time both the learned counsel stated that before the court ..... 1996 in the court of civil judge (s.d.), kalyan on the ground of desertion as contemplated under sections 13(1)(ia) and 13(1)(ib) of the hindu marriage act, 1955. the said petition was filed on 31-12-1996. in the said application the respondent-wife filed written statement on 14-9-1997 before the learned civil judge .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1993Guj111; I(1993)DMC577; (1992)2GLR1595
..... .1. in this appeal under section 28 of the hindu marriage act, 1955 ('act' for short), the appellant/original petitioner no. 1 husband, has questioned the legality and validity of dismissal of the petition for divorce by mutual consent, under section 13b(1) of the act, by the learned city civil court judge, on 22-4-1992, in hindu marriage petition no. 34 of 1992. in view of ..... may make such an inquiry into the correctness of the grounds stated in the petition. (iv) the court must thereafter be satisfied that the marriage between the spouses had been solemnised after the act came into force, after 1955, and the material averments made in the petition are true. 7. the provision in the aforesaid section was introduced by the legislature in 1976 .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1971Guj33
..... the guiding and salutary principles regarding the burden of proof etc. to be discharged in matter falling within the scope of sections 10, 13 and 23 of the hindu marriage act, 1955, one of them being that in matrimonial proceedings the court had to be vigilant that the burden of proof is satisfactorily established and properly discharged by the applicant and ..... on or about 25-2-1963 and it is alleged that the child was a result of the respondent living in adultery.5. section 21 of the hindu marriage act, 1955 deals with the procedure to be adopted, and further provides that matrimonial proceedings being of a special nature, provisions made under the ..... the code are made applicable. the high court of bombay has framed rules under sections 14 and 21 of the hindu marriage act (xxv of 1955) for carrying out the purposes of the act. the rules are called the hindu marriage and divorce rules, 1955 which are contained in para 279 in chapter xv at pages 110 to 115 of the civil manual 1960 volume i .....
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