Judgment Search Results Home > Cases Phrase: hindu marriage act 1955 chapter 1 preliminary Court: himachal pradesh Page 1 of about 558 results (0.092 seconds)

Shamla Devi Vs. Surjit Singh

Court : Himachal Pradesh

Reported in : AIR1998HP32

..... has not been consummated, owing to the impotence of the husband as per section 12(1)(a) of the hindu marriage act, 1955 (hereinafter referred to as the act).2. facts which are not in dispute are that the marriage between the parties was solemnised on 30-11-1992 at village katohar kalan, tehsil amb, district una and the ..... parties at one stage had agreed for settling the matter mutually and seek dissolution of their marriage by mutual divorce under section 13-b of the hindu marriage act, 1955 as well as for converting the present proceedings under the said provisions of the act. however, and getting number of opportunities the attitude of the husband was not reasonable so ..... , it was held that he is impotent within the meaning of section 12(1)(a) of the hindu marriage act, 1955.10. in case gudivada venkateswararao v. smt. gudivada nagamani, air 1962 andh pra 151, it has been held that marriage may be avoided or dissolved on the ground of impotence, if it is established that at the lime .....

Suresh Sharma Vs. Dr. Sukhdev Sharma

Court : Himachal Pradesh

Reported in : I(2006)DMC144

..... to be considered is whether the trial court had jurisdiction to decide the claim petition. section 19 of the hindu marriage act, 1955 provides that every petition under the act shall be presented in the local limits of the district court in whose jurisdiction either the marriage was solemnized or the respondent at the time of presentation of the petition resides or where the parties to ..... night itself. the genesis of the differences makes sad reading. the husband filed the petition for divorce under section 13 of the hindu marriage act, 1955 in the court of the district judge, solan on 22nd march, 1991. it was alleged that the marriage had taken place in tehsil arki, district solan, h.p. the grounds of divorce were cruelty and desertion.3. the allegations .....

Om Parkash Vs. Smt. Sareshta Devi

Court : Himachal Pradesh

Reported in : AIR1993HP71,I(1994)DMC308

..... fact that efforts were made to have the matter reconciled. ultimately, the appellant on 14th november, 1983 filed a petition under section 9 of the hindu marriage act, 1955 (hereinafter referred to as the 'act') praying for a decree for restitution of conjugal rights against the respondent. it is not disputed that on 9th january, 1985 the said petition ..... with a view to have the matter reconciled. 18. since it is necessary in all matrimonial matters to have reconciliation of a broken marriage, in v, k. gupta v. nirmala gupta, 1980 hindu lr 290, the supreme court emphasised the duty of the court and the counsel in matrimonial disputes to bring about the reconciliation by saying ..... was dismissed as not pressed. on the same day an application under section 13b(1) of the act was moved jointly by the parties seeking to have the marriage dissolved by a decree of divorce by mutual consent. copy of the said petition is ex.p1. while presenting the petition parties .....

Mt. Kalawati Vs. Devi Ram

Court : Himachal Pradesh

Reported in : AIR1961HP1

..... ground that at the time of the marriage she and her guardian who gave her in marriage were minors.13. the appeal is devoid of ..... 21 years cannot lead to the conclusion that the marriage of the appellant was obtained either by force or fraud.12. it was conceded on behalf of the appellant that under the hindu law, as it prevailed prior to the coming into operation of the hindu marriage act, 1955, the marriage of a minor hindu girl was not liable to be annulled on the ..... out of a petition filed by the appellant under ss. 10 and 12 of the hindu marriage act, 1955. the appellant was married to the respondent about eight years prior to the filing of the petition. at that time she was minor and was given in marriage by her brother who was also then a minor. the allegations were that ever .....

Smt. Santosh Kumari Vs. Surjit Singh

Court : Himachal Pradesh

Reported in : AIR1990HP77,1990CriLJ1012

..... a marriage may be solemnised between any two hindus, if the conditions mentioned in that section are fulfilled. the first condition is that ..... lodging till death and marriage of the daughter will also be performed by the defendant. decree sheet be prepared accordingly and file after completion be consigned to record room'.7. the above order is absolutely wrong and illegal and against the clear provisions of the hindu marriage act, 1955.8. section-5 of the hindu marriage act, 1955, lays down the conditions for a hindu marriage and it clearly provides that .....

Mt. Savitri Devi Vs. Naukhi Ram

Court : Himachal Pradesh

..... 6-8-1957, after hearing mt. aukta for the appellant, i called for a report from the trial court, as to under which provision, of the hindu marriage act, 1955, the marriage between the parties had been dissolved by mutual consent. a report has been received from the trial court, to which i shall make reference shortly.on 13 ..... passed by a subordinate court, ifit is found that the decree is in excess of thelegitimate authority of that court. as alreadyshown, under the provisions of the hindu marriage act, 1955, the senior subordinate judgeto whom the powers of a district court, as defined in section 3 (b), have been delegated, can grant adecree for divorce only, ..... were at liberty to remarry. parties were further directed to bear their respective costs.(4) against this decree, an appeal was filed under section 28 of the hindu marriage act, 1955, by mt. savitri. in the memorandum of that appeal, it was stated that the appellant. mt. savitri devi, never gave up her claim to maintenance and .....

Mt. Padma Vs. Parma Ram

Court : Himachal Pradesh

Reported in : AIR1959HP37

ordermisc. first appeal no. 22 of 59.14. i allow this appeal, set aside the decision of the trial court and grant mt. padma a decree for judicial separations against parma ram under section 10(1)(b) of the hindu marriage act, 1955. she will get her costs, here and in the court below, from the respondent misc. first appeal no. 23 of 59.15. i allow this appeal and set aside the decree for restitution of conjugal rights granted by the trial court, i. e., parma ram's petition under section 9(1) of the act is dismissed. the appellant will get her costs here, and in the court below, from the respondent.16. this judgment will be read in both theappeals, i. e., misc. first appeals 22 and 23 of 1959.appeals allowed.

Nirmala Devi Vs. Ved Prakash

Court : Himachal Pradesh

Reported in : AIR1993HP1,II(1992)DMC155

..... section 28 of the hindu marriage act, 1955 (hereinafter referred to as the act), is against the judgment and decree passed on august 17, 1988, by district judge, solan and sirmaur districts at nahan, camp at solan, allowing the husband's petition filed under section 13 of the act and granting a decree of divorce dissolving the marriage of the parties.2. ..... court with clean hands and was breathing hot and cold in the same breath. the husband filed a petition under section 9 of the act, which was withdrawn and now he has claimed a decree for dissolution of marriage. to the specific averments made in para 8 of the petition that the husband had not condoned the ..... on december 20, 1986, a petitionunder section 13 of the act was filed by the husband against the wife for dissolution of marriage by a decree of divorce on the ground of cruelty and desertion .....

Swatantra Singh Vs. Neel Kamal Singh

Court : Himachal Pradesh

Reported in : I(1998)DMC720

..... no. 9-s/3 of 1990 dated 28.6.1993 whereby the petition for dissolution of marriage by a decree of divorce filed under section 13(l)(i-a) of the hindu marriage act, 1955 (hereinafter referred to as the 'act') by the appellant (hereinafter referred to as the 'husband') against the respondent (hereinafter referred to as the 'wife') on ..... in the background and facts as enumerated hereinafter in this order.5. why the necessity of converting the original petition under section 13 of the act for dissolution of the marriage on the ground of cruelty into a petition for divorce by mutual consent needs to be explained here.6. admittedly, parties were married at shimla ..... additional evidence that was sought to be produced by the husband before this court by way of additional evidence, leads to only one and irresistible conclusion that the marriage between the parties has broken down irretrievably, and it is neither in their interest nor in the interest of the minor daughter, who is residing with the .....

Punit Kaur Vs. Prem Singh

Court : Himachal Pradesh

Reported in : AIR2006HP65

..... the petitioner and the respondent, passed a decree of divorce based on consent in terms of section 13-b of the hindu marriage act, 1955.2. parties were married in 1989. after may, 1998 the parties had not been carrying on well with each other. whereas the petitioner punit kaur at one point of lime ..... in the court when a petition is taken up after a gap of more than six months for final disposal.6. sub-section (2) of section 13-b of the hindu marriage act, reads thus:on the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1 ..... had got her divorce suit dismissed as withdrawn and both the parties had instituted petition for dissolution of their marriage with consent under section 13-b of the hindu marriage act. the statements of the parties were recorded on 4-1-2003. i find that the marriage of the parties has broken down and there is no chance of reconciliation. the parties had pressed for .....