Judgment Search Results Home > Cases Phrase: hindu marriage act 1955 chapter 1 preliminary Court: kerala Page 1 of about 1,653 results (1.010 seconds)

Sreedevi Antherjanam Vs. Bhavadasan Namboodiri

Court : Kerala

..... property:-- (a) it devolves by survivorship, not by succession [229]: this proposition must now be read in the context of sections 6 and 30 of the hindu succession act, 1956, in cases where those sections are applicable; (b) it is property in which the male issue of the coparceners acquire an interest by birth. the ..... are nambudiries. the respondent/plaintiff's father late shri neelakantan nambudiri had the plaintiff as his son through the first wife. the mother of the plaintiff died before 1955. appellant no.1 is the second wife of deceased neelakantan nambudiri and appellants 2, 3 and 4 are his children through the first appellant. rfa no.195/2003 ..... the said marriage will become members of the said sakha. therefore, the property continues to be joint family property and the plaintiff will get 1/5th share. it is submitted that the said position continued till the advent of the joint hindu family system (abolition) act in 1975. he also referred to section 7 of the hindu succession act, 1956 .....

O.V. Usman Kurikkal Vs. State of Kerala, Represented by the Secretary ...

Court : Kerala

..... the following conditions, among others, should be satisfied:- (i) there should be something to suggest that the manager has neglected to perform any of his duties under the act or the rules; (ii) he should be given a reasonable opportunity to show cause against the proposed take-over; (iii) the cause, when shown, should be ..... indicate that the conditions under section 14(1) are attracted. only because there are two rival claimants for managership, the power under section 14(1) of the act cannot be exercised. the dispute between two persons, or among some persons who constitute the educational agency, for managership, by itself does not constitute a complete and ..... government. section 14(4) enables the government to pass further orders and, therefore, ext.p1 is just and legal. the power under section 35 of the act also can be exercised by the government. since the district educational officer usurped the powers of the director of public instruction and passed ext.p2 order, certainly the .....

Vinaya Nair Vs. Corporation of Cochin

Court : Kerala

Reported in : AIR2006Ker275; 2006(3)KLT17

..... hindu marriage act, 1955 is an act to amend and codify the law relating to marriage among hindus. section 5 of the act lays down the conditions for the solemnization of a hindu marriage. ceremonies for a hindu marriage are provided under section 7 of the act. section 8 of the act deals with registration of hindu marriages. petitioners have complied with all the conditions for a valid hindu marriage under section 5 of the hindu marriage act ..... domicile. petitioners have therefore approached this court seeking a writ of mandamus directing the respondent to issue a marriage certificate under the hindu marriage act, 1955 read with hindu marriage registration rules (kerala) 1957.3. the registering authority placed reliance on the judgment of a learned single ..... scope of sub-section (1) of section.1as well as sub-section (1) section 2 of the hindu marriage act, 1955. that was a case where the husband submitted an application for restitution of conjugal rights against respondent wife. according to .....

Narayani Vs. Aravindakshan

Court : Kerala

Reported in : AIR2006Ker26; I(2006)DMC155; 2005(4)KLT1

..... . champa kumari singhi, : [1972]83itr720(sc) , whatever be the position before the amendment and codification of major branches of hindu law by the four statutes i.e. the hindu. marriage act, 1955, the hindu succession act, 1956, the hindu minority and guardianship act, 1956 and the hindu adoptions and maintenance act, 1956, the undisputed position is that even if the religions are different, what is common is that all those who ..... appeal, on which notice was issued on 23-11-1993. the said substantial question, so formulated, is as follows:(i) has section 16(1) of the hindu marriage act 1955 as amended by the marriage laws (amendment) act 1976 (central act 68 of 1976) got such a retrospective effect as to enable the plaintiff and defendants 5 to 8 to divest defendants 1 to 4 of the .....

K. Devabalan and ors. Vs. M. Vijayakumari and ors.

Court : Kerala

Reported in : AIR1991Ker175; I(1991)DMC323

..... where the supreme court specifically stated that under the codifying acts merely .the hindu marriage act 1955, the hindu succession act, 1956, the hindu minority and guardianship act 1956 and the hindu adoption and maintenance act, 1956, an extended meaning has been given to the expression 'hindu' in view of the explanation 1 to section 2(1) of the hindu succession act, 1956 and the hindu marriage act 1955 and also explanation ii to section 3(1) of ..... be considered as a member of the family. discussing the question, the supreme court observed (1978) 104 itr 442:'under the codifying acts, namely, the hindu marriage act, 1955, the hindu succession act, 1956, the hindu minority and guardianship act, 1956 and the hindu adoption and maintenance act, 1956, the orthodox concept of the term 'hindu' has undergone a radical change and it has been given an extended meaning. the aforesaid codifying .....

Vijayakumari Vs. Devabalan

Court : Kerala

Reported in : AIR2003Ker363; I(2004)DMC667; 2003(3)KLT695

..... a augustine is valid one under the hindu marriage act. section 5 of the hindu marriage act provides conditions for a hindu marriage ..... parents continued to be governed by hindu mitakshara law and consequently they had constituted joint family. hindu marriage act, 1955 came into effect on 18.5.1955. in this case, admittedly the marriage was solemnised on 26.5.1955. plaintiffs claim that the marriage is to be recognised under the hindu marriage act. admittedly no marriage was solemnized under the special marriage act. we may examine as to whether marriage between the fourth defendant and many .....

Rekharani Vs. Prabhu

Court : Kerala

Reported in : I(2008)DMC235

kurian joseph, j.1. whether a power of attorney holder is entitled to present a petition for dissolution of marriage by a decree of divorce by mutual consent under section 13b of the hindu marriage act, 1955 is the interesting question arising for consideration in this case. the marriage between the appellant and the respondent was duly solemnized on 29.10.2001, after three years, on the ..... a divorce. it is also contended that the procedural requirements have not been satisfied. hence the appeal.3. section 13b of the hindu marriage act, 1955 reads as follows:13b. divorce by mutual consent.-(1) subject to the provisions of this act, a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a .....

Thulasi Bai Vs. C.V. Manoharan and ors.

Court : Kerala

Reported in : I(1990)DMC61

..... under section 12(1)(c) of the act. trial court dismissed that application filed by the husband. on his appeal learned district judge passed a ..... parties. they are concerning the marriage between them. so, i consider it advantageous to dispose of them by this common judgment.2. i will first take up s.a. no. 498/1987. this second appeal arises out of a proceeding under the hindu marriage act, 1955, hereinafter referred to as 'the act', for declaration of the marriage between the parties as nullity ..... be annulled on account of fraud as contemplated by section 12(1)(c) of the act.10. section 12(1)(c) of the act is in the following terms :12(1) any marriage solemnized, whether before or after the commencement of this act, shall be voidable and may be annulled by a decree of nullity on any of .....

Karthikeyan Vs. Sarojini

Court : Kerala

Reported in : AIR1998Ker136; I(1999)DMC107

..... 1. this appeal under section 28 of the hindu marriage act, 1955 (hereinafter referred to as 'the act') is against the order of the court below in h.m.o.p. no. 82 of 1987 dated 14-8-1989. the proceedings before the court below arose on a petition under section 13(1) of the act. the petitioner-husband in the above petition is ..... case, pass instead a decree for judicial separation.'what is provided under this provision is an alternate relief in divorce proceedings. it contemplates a proceeding under the act on a petition for dissolution of marriage by a decree for divorce on the grounds mentioned in any one or more clauses (i) (ia)(ib) (iii) (v) of sub-section (1 ..... alternate relief, no doubt, a lesser relief when compared to the relief claimed under section 13(1) of the act. it can be said, the factual situation in the case justifies the said plea at this stage. the marriage between the spouses took place somewhere in the year 1975 and they lived together till 1983. thereafter they separated .....

Gopalakrishnan Nair Vs. R. Sarasamma

Court : Kerala

Reported in : AIR1980Ker109

..... under the custom or stated in the special enactment and the machinery available under the custom or that provided in the special enactment in that behalf-- become incorporated in the hindu marriage act 1955, and would remain as if so incorporated till the custom recognising such a right is abrogated or so long as the special enactment conferring the right is on the statute ..... lie is also specified. the hindu marriage act 1955 provides in section 13, for dissolution of hindu marriages. the grounds for dissolution are specified in this act and the procedure for seeking dissolution is also specified in the act. the grounds for dissolution under the hindu marriages act are not identical with the grounds for divorce in the nair act 1100.2. notwithstanding the commencement of the hindu marriage act 1955 the provisions of the nair .....