Judgment Search Results Home > Cases Phrase: hindu marriage act 1955 chapter 1 preliminary Court: kerala Page 11 of about 1,653 results (0.137 seconds)

B. Rajendra Vs. Sree Kumari S.

Court : Kerala

Reported in : II(1991)DMC108

..... .1. revision petitioner is the husband who filed o.p. (hma) 264 of 1986 against his wife (respondent) on the ground of desertion, cruelty and adultery. husband filed i.a. 2819 of 1990 to .dispense with the joinder of adulterers as co-respondents. the petition was filed under rule 11 of the hindu marriage (kerala) rules 1963. the application was dismissed by the .....

Ayyapan Vs. Vasantha

Court : Kerala

Reported in : AIR1988Ker314

..... alleged adulterer was not made a party to the proceedings.2. under section 13(1) of the hindu marriage act adultery is a ground for divorce. section 21 of the act empowers the high court to make rules to regulate all proceedings under the act. the high court has made rules and published the same on 24-7-1963. rule 11 provides ..... 1. petitioner filed o.p. (h.m.a.) 71 of 1984 under section 13 of the hindu marriage act on the allegation that his wife (respondent) had left his house without his consent and knowledge on 15-12-1979, and that when he questioned act about it she started ill treating him. it is also alleged that she had developed illegal intimacy ..... that in every petition for divorce or judicial separation on the ground that the respondent is living in adultery or has, after the solemnisation of the marriage, had sexual intercourse with any person, .....

P. Indira Devi Vs. Kumaran

Court : Kerala

Reported in : AIR1982Ker78

subramonian poti, ag. c.j. 1. apetition for dissolution of marriage under s. 13 of the hindu marriage act stands allowed by the order of the learned district judge of kozhikode by the judgment which is under appeal here. the appeal is at the instance of the wife who ..... refer to the parties as they are arrayed in the petition for divorce. the petitioner, k. kumaran, married the respondent p. indira devi on 6-4-1975 and in that marriage they have a child. on 1-9-1975, when the wife was pregnant, she is said to have left for her father's home along with the father but without ..... 722 at p. 731); hopes v. hopes ((1948) 2 all er 920 at p. 925). further such separation must be without the consent of the other spouse. the mere physical act of departure of one spouse does not necessarily make that spouse the deserting party-desertion is not withdrawal from a place biit from a state of things, -- pardy v.pardy .....

K.M. Rajan and Others Vs. Rathikumari

Court : Kerala

..... is relevant to look in to the said complaints to see whether they would have created intense mental agony and anguish to the husband and satisfy the requirement of the hindu marriage act, 1955, ext.a7 is the complaint dated 4.7.2007 of the wife to the superior officer of the husband and ext.p13 is her complaint dated 16.3.2008 ..... the judgment and decree in o.p.no.1076 of 2007 and mat. appeal no.775 of 2009 was filed by the husband for divorce under section 13 of the hindu marriage act. it was dismissed on the ground that the petitioner husband could not adduce evidence to prove cruelty and willful desertion on the part of the respondent wife. mat. ..... said petition before the family court seeking divorce on the ground of cruelty and desertion. the marriage between them was solemnized on 9.2.1979 as per the hindu religious rites. the husband who was working in a deep sea fishing vessel at the time of marriage changed his avocation, at times, and lastly, he took up the present employment at .....

Susan Geroge @ Rachana Rahul, Suthan Bathery Taluk Vs. Rahul Padman, W ...

Court : Kerala

thottathil b. radhakrishnan 1. the appellant and the respondent filed an application under section 13b of the hindu marriage act, 1955 seeking divorce on mutual consent. they pleaded in their application that the wife was a christian but converted to hinduism and later, the marriage was conducted following hindu religious rites and ext.p1 certificate was issued. 2. being a joint application for divorce, obviously, there was ..... made by the woman herself and therefore, such material is sufficient to hold that she was a christian at the time of marriage and hence, the marriage itself was void and as a consequence, no application under section 13b of the hindu marriage act could lie. the application was dismissed. hence this appeal by the wife. the husband has entered appearance through counsel. 5. for .....

Deepa Vs. Sasi @ Sivaramakrishnan

Court : Kerala

..... respondent. therefore, question is whether in an application for divorce the petitioner can claim properties belonging to her, by invoking the provisions of section 27 of the hindu marriage act, 1955. 7. the family court, after appreciating the evidence of pws.1 and 2 with respect to the amount of rs.1,00,000/- and the jewellery ..... which the petitioner ought to have claimed in the original petition or by a separate original petition. therefore, it was held that, section 27 of the hindu marriage act has no application since the relief claimed in the interlocutory applications was not with respect to any of the properties jointly belonging to the spouses. however, the ..... husband or solely to the wife and further that the power in the nature of things is inherent in the legal proceedings which properly arise under the hindu marriage act and therefore, section 27 does not exclude the general power of the court to pass an appropriate decree in regard to the property belonging exclusively to .....

S. Shibu Vs. Bibi K. Venu

Court : Kerala

..... would point out that the reasoning of the family court is unsustainable having regard to the provisions of the hindu marriage act, 1955. section 19 of the act reads as follows: 19. court to which petition shall be presented:- every petition under this act shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction- (i) ..... with the powers to transfer inter-alia under section 21a(3). d.v.(m.c.)no. 10 of 2010 cannot be treated as a petition filed under the hindu marriage act. also the learned counsel for the petitioner points out that subsequent to the filing of the petition which culminated in the impugned order, the wife has filed a ..... together within the jurisdiction of the family court, kottarakkara is not maintainable having regard to the provisions contained in section 19(1)(3) of the act. 6. section 21a of the hindu marriage act reads as follows: 21a. power to transfer petitions in certain cases- (1) where- (a) a petition under this .....

Joseph Vs. Mary

Court : Kerala

Reported in : I(2000)DMC554

..... court of kerala has framed rules in exercise of the powers conferred under sections 14 and 21 of the hindu marriage act, 1955 and article 227 of the constitution of india to regulate the proceedings under the act, viz., the hindu marriage (kerala) rules, 1963. rule 11 of the said rules deals with necessary parties in a petition for ..... proper application to be made.'8. we shall now see an analogous provision, viz. section 13 of the hindu marriage act, which provides for a petition being presented by either the husband or the wife for dissolution of marriage by a decree of divorce on the ground that the other party has, after the solemnisation of the ..... divorce or judicial separation on the ground that the respondent is living in adultery or has, after the solemnisation of the marriage, had sexual intercourse with any person .....

Dayalan Rajes Vs. State of Kerala and anr.

Court : Kerala

Reported in : [1998]231ITR707(Ker)

..... rights, substantive, procedural or remedial to obtain dissolution of marriage under the travancore nayar act, 1100 are saved under subsection (2) of section 29 of the hindu marriage act, 1955. by repeal of these enactments under sub-section (2) of section 7 of the act 30 of 1976, what has been saved under section 29(2) of the hindu marriage act, 1955, as provisions under local enactment are no longer available ..... -mentioned statutes in respect of matters other than joint family property also. even after the coming into force of the hindu marriage act, 1955, certain provisions under the local enactments are saved and kept in force by virtue of section 29(2) of the above act. a full bench of this court had occasion to consider in ayyappan kurup krishna pillai v. parukutty amma suhhadra .....

Raghavan Radhakrishnan Vs. Sathyabhama Jayakumari and anr.

Court : Kerala

Reported in : AIR1985Ker193

..... sub-section because the counsel for the appellant had dwelt upon the expression 'desertion' as described in explanation to section 13(1) of the hindu marriage act, 1955 (hereinafter referred to as the marriage act) in support of his contention that to constitute 'desertion', animus was a must. explanation to that sub-section reads as follows :'in this ..... this is not sufficient to attract section 18(2)(a) of the hindu adoptions and maintenance act, 1956.'for one thing, the main proceedings before the division bench were those relating to the restitution of conjugal rights under section 9 of the marriage act. secondly, the division bench did not lay down as a legal ..... note, has been made with reference to the requirements for a decree for dissolution of the marriage under the bombay hindu divorce act, with particular reference to the essential requirements of 'desertion' as defined in section 3(d) of that act. it has also to be pointed out that the expression used is the 'offence of .....