Judgment Search Results Home > Cases Phrase: hindu marriage act 1955 chapter 1 preliminary Court: kerala Page 13 of about 1,653 results (0.176 seconds)

S.S. Beena Vs. Sundaresan, (*Died) and Others

Court : Kerala

..... all persuaded to think that the cruelty alleged by the 1st respondent in the petition is sufficient enough to constitute cruelty as is contemplated under the hindu marriage act, in order to dissolve the marriage. furthermore, dissolution of marriage cannot be ordered by the family court on mere asking by the petitioner. utmost care, caution and circumspection should be observed by the family court while ..... , the 1st respondent has clearly established cruel treatment of his wife mentally, before the court and therefore the 1st respondent was entitled to get his marriage with the appellant dissolved under sec.13(1)(ia) of the hindu marriage act and accordingly the same was dissolved. 12. heard learned counsel for the appellant and since none appeared for the additional respondents, we did not .....

Chandramathi Vs. Pazhetti Balan

Court : Kerala

Reported in : AIR1982Ker68

..... divorce granted by the court below on a petition by the husband. parties are ezhavas. they were married on 2-9-1969 and two children have been born in the marriage. the wife was residing in the husband's house. after the two children were so born, the petitioner-husband is said to have undergone a bilateral vasectomy operation on ..... itself would not have been sufficient to substantiate the plea that the child could not have been born to the petitioner. the presumption that may arise under the evidence act that the child born during the wedlock is born to the husband will necessarily apply in such a case. section 112 provides for conclusive proof of legitimacy of a ..... undergone vasectomy operation, in the absence of any reliable material to show that such operation was successful, we cannot find, despite the presumption in section 112 of the evidence act, that the child born to his wife during wedlock is not born to him. if that be ho, we see no reason for the decree for divorce granted by .....

Rajesh Vs. Shiji

Court : Kerala

Reported in : 2012(4)KLJ108; 2012(4)KLT311

..... family court, malappuram. by the impugned order, the learned judge of the family court dismissed the o.p. filed by the appellant under section 11 of the hindu marriage act (for short 'the act') for declaring the marriage between the appellant and the respondent as null and void. 2. heard both the sides. the parties are admittedly hindus by religion. learned counsel for the appellant ..... the conditions specified in clauses (i), (iv) and (v) of section 5 is necessary for attracting section 11 of the act for declaring a marriage null and void. 3. section 5 of the act reads as follows: "5. conditions for a hindu marriage.a marriage may be solemnized between any two hindus, if the following conditions are fulfilled, namely:-(i) neither party has a spouse living .....

Venugopal.K Vs. Union of India

Court : Kerala

..... hindu marriage.- a marriage may be solemnized between any two hindus, if the following conditions are fulfilled, namely:- (i) neither party has a ..... ) is void on account of the husband or wife living. the converse is that in the event the second marriage is not void, the offence under section 494 shall not arise. for eg., under the hindu marriage act, 1955, section 5 of the hindu marriage act provides for condition for hindu marriage. w.p(c) no.4559 of 2015 -:7. :- section 5 is quoted as below: "5. conditions for a .....

Sadasivan Pillai Vs. Vijayalakshmi

Court : Kerala

Reported in : 1987CriLJ765

..... been suffering from paranoid schizophrenia. the petitioner filed an application before the sub court, mavelikkara under section 12(1)(b) of the hindu marriage act, 1955 for a declaration that the marriage is null and void. the respondent filed the application for an order for monthly allowance of maintenance under section 125 of the ..... to a marriage as envisaged in section 13b of the said act. bhaskaran, j. (as his lordship then was) has considered a similar argument ..... from her husband. to obtain a divorce from the other party to a marriage, procedures are prescribed by different statutes applicable to persons belonging to different communities. one such procedure, applicable to persons governed by the hindu marriage act, 1955, is to present a petition to the district court by both the parties .....

T.Geetha Vs. K.Chandran

Court : Kerala

..... admittedly are hindus and therefore they are governed by the provisions of the hindu marriage act, 1955. chapter ii of the hindu marriage act contains sections 5 to 8, which provide for the conditions and ceremonies for a hindu marriage. the requirements for a hindu marriage are provided in these statutory provisions and unless the compliance of statutory provisions ..... mlj11, this court held that when the factum of marriage is disputed, even registration of the marriage either under the hindu marriage act or under the special marriage act, cannot constitute proof of a valid marriage and that a valid marriage can be established only by proving the essentials of marriage according to the customary rites of the parties. it ..... ceremonies and due form', it cannot be said to be 'solemnized' (vide para 5 thereof).8. the ingredients of a valid marriage under the hindu marriage act were indicated in the division bench judgment of this court in chakki v. ayyappan (1988(1) klt556 and in para 9 thereof, .....

R.C.Sheejakumari Vs. Praveen.S.R.

Court : Kerala

..... or husband. therefore, we conclude that an application for pendente o.p.(fc) no.502/2014 8 lite maintenance can be filed in any proceedings under the hindu marriage act 1955 (sections 9 to 13) and any application made after disposal of the main petition has no independent existence. in short, the primary responsibility of the family ..... o.p.no.1896/2012 of family court, thiruvananthapuram on the ground that it was passed without properly appreciating the law illustrated under section 24 of the hindu marriage act, 1955. the petitioner is the wife of one praveen, who filed o.p.no.1896/2010 in the family court, thiruvananthapuram for getting maintenance from her husband. ..... respondent urged that there was desertion from the side of the wife, after that there was an arrangement to file a joint petition under section 13b of the hindu marriage act, in the family court, but the wife declined to co-operate in filing a joint petition. now, she approached this court with this petition after suppressing .....

Remani P.K Vs. Union of India

Court : Kerala

..... show that the matrimonial tie between them had ended by a divorce in terms of the hindu marriage act, 1955. therefore, notwithstanding the fact that a marriage certificate was obtained from a panchayat recording the factum of a marriage between ramachandran and remani, that marriage could not have been recognized as a lawful one to recognise remani as the wife of ramachandran for any ..... , we are told that the parties are hindus. if that were so, the marriage between the parties has to be regulated by the provisions of the hindu marriage act, 1955, unless of course, they had taken recourse to a matrimonial relationship in terms of the special marriage act. that being so, the earlier subsisting marriage was as between ramachandran and geetha and there is nothing on record to .....

Govindan Nadar Sreedharan Vs. Retna Bai Pushpa Bai

Court : Kerala

Reported in : 1978CriLJ1213

..... the petitioner. the contention is that there cannot be a lawful marriage between the petitioner, a hindu and the respondent, a christian.5. it may be that the hindu marriage act, 1955 does not contemplate a marriage between a hindu male and a christian female. at the same time, the indian christian marriage act (xv of 1872) permits marriage between christians and non-christians solemnised in accordance with the provisions of ..... that act. therefore, the fact that the petitioner and the respondent follow different religions need not necessarily .....

Dr.Sindhu K. Rajan Vs. Dr.Ajith M.

Court : Kerala

..... kernel of the facts: op(fc) no.309/2014 2 petitioner is the wife of the respondent. admittedly they are hindus governed by the hindu marriage act, 1955 (in short, "the act"). their marriage was solemnized on 10.07.2009.3. nuptial euphoria did not last long. gradually their relationship ran into rough weather. ultimately they realised that ..... courts nor even the high courts can, therefore, pass orders before the periods prescribed under the relevant provisions of the act or on grounds not provided for in sections 13 and 13-b of the hindu marriage act, 1955." 14. in a subsequent decision, manish goel v. rohni goel ((2010) 4 scc393, the supreme court re-stated ..... analysis the aforesaid discussion throws up two propositions. the first proposition is that although irretrievable break down of marriage is not one of the grounds indicated whether under section 13 or 13-b of the hindu marriage act, 1955, for grant of divorce, the said doctrine can be applied to a proceeding under either of the said .....