Court : Kerala
..... request has been made, we are of the view that the family court is under obligation both under section 22 of the hindu marriage act, 1955 and under section 11 of the family courts act to conduct proceedings in the op in camera. therefore, there was no justification for restricting such in camera proceedings only to the ..... circumstances, it is unnecessary to interfere with ext.p6.4. the parties herein are hindus and are governed by the provisions of the hindu marriage act. section 22 of the hindu marriage act provides for conduct of the proceedings thereunder in camera and also places restrictions on printing and publication of the orders passed by the courts. ..... of the above provision shows that it is mandatory in terms and the courts enforcing the provisions of the act are bound to conduct every proceedings under the hindu marriage act in camera. 5.section 11 of the family courts act also contains almost a similar provision and this section reads thus; "11. proceedings to be held in camera .....
Tag this Judgment!Court : Kerala
..... -:2:- children and seeking their custody. the respondent has also filed o.p.(restitution)no.253 of 2013 before the family court, thodupuzha under section 9 of the hindu marriage act, 1955 for restitution of conjugal rights. in these transfer petitions the petitioner prays for transfer of o.p.no.1644 of 2013 and o.p. (restitution)no.253 of ..... tr.p.(c).nos.263 and 264 of 2013 ----------------------------------------- dated this the 30th day of july, 2013 judgment the petitioner is the wife of the respondent. the marriage between them was solemnized on 14.11.1999. two children were also born in the wedlock. later disputes and differences arose and they are now residing separately. the ..... his parents for return of money and the value of gold ornaments. she has also filed o.p. (hma)no.1575 of 2012 before the family court kottayam at ettumanoor for a decree for divorce dissolving the marriage between her and the respondent. she has also filed m.c.no.276 of 2012 before the family court, .....
Tag this Judgment!Court : Kerala
..... are residing separately and it was while so that the appellant filed the op before the family court seeking divorce urging ground under section 13(1)(iii) of the hindu marriage act, 1955.2. before the family court, the appellant and a doctor were examined as pws 1 and 2. respondent was examined as rw1. the appellant also produced exts. ..... wife was suffering from paranoid schizophrenia. but however, the petitioner, who approaches the family court, can obtain a decree of divorce under section 13(1) (iii) of the hindu marriage act, only if he succeeds in establishing that the mental disorder is of such a kind and to such an extent mat.appeal no.914/10 :5. : that the ..... these facts, which are taken note of by the family court, would certainly suggest that the appellant failed in establishing the ingredients of section 13(1)(iii) of the hindu marriage act. we also find substance in the finding of the family court that the appellant is also guilty of delay, which mat.appeal no.914/10 :9. : also dis .....
Tag this Judgment!Court : Kerala
..... counsel for the petitioner and have considered the submissions made.3. section 14(1) and the proviso thereof of the hindu marriage act, 1955 reads thus; 14. no petition for divorce to be presented within one year of marriage. (1) notwithstanding anything contained in this act, it shall not be competent for any court to entertain any petition for dissolution of a ..... as provided under the proviso to section 14(1) of the hindu marriage act permitting him to present the application before the expiry of one year. the family court considered the ia and passed ext.p3 order dismissing the same holding that no ..... on 17/3/13 at kallarakad vana durga temple. they separated on 19/3/13 and in april 2013, they filed ext.p1 petition under section 13b of the hindu marriage act before the family court, irinjalakuda for divorce on mutual consent. along with ext.p1, petitioner also filed ext.p2, ia no.575/13, praying for an order .....
Tag this Judgment!Court : Kerala
..... as already stated, the ground urged by the wife for divorce is cruelty as provided under section 13 (1) (1a) of the hindu marriage act, 1955. the finding of the family court is that her allegation regarding the incidents were vague and general in nature and the incident that ..... no.258/2012 and the respondent therein by a decree of divorce under section 13 (1) (1a) of the hindu marriage act, with effect from today.13. since we have accepted the ground of cruelty urged by the wife and allowed o.p ..... of cruelty as provided under section 13 (1) (1a) of the hindu marriage act. o.p. no.1085/2008 was filed by the husband seeking restitution of conjugal rights under section 9 of the said act. before the family court, the husband was examined as pw1 and wife ..... diabetes is under control. these facts proves the allegation of the wife that his being a diabetic, was not disclosed to her before marriage. m.a.no. 840 of2011& m.a. no. 258 of20126 10. it is also the specific case of the respondent wife .....
Tag this Judgment!Court : Kerala
..... family court, thodupuzha by filing a petition under section 13(1)(ia) and (ib) of the hindu marriage act, 1955 (hereinafter referred to for short "the act" only) for dissolution of his marriage with the respondent whose marriage was solemnized on 10.11.2002 at mangalya auditorium, ettumanoor in kottayam district in accordance with the religious ..... rites and ceremonies of viswakarma community of hindu religion. the learned judge of the family court as per the ..... and the arguments advanced, the trial court considered the question, whether the appellant/petitioner is entitled to get dissolution of marriage under section 13(1)(ia) and (ib) of the act. learned counsel for the appellant vehementally submitted that in support of the allegation and the prayer in the petition, the .....
Tag this Judgment!Court : Kerala
..... in view of the fact that o.p.no.862 of 2013 filed tr.p.(c)no.220 o 2. by the respondent herein under section 9 of the hindu marriage act, 1955 is also pending in family court, ernakulam, i deem it appropriate to transfer the said case as well to family court, palakkad. i accordingly transfer o.p. ..... of the judicial magistrate of first class, alathur under the provisions contained in the protection of women from domestic violence act, 2005. the respondent has filed o.p.no.862 of 2013 under section 9 of the hindu marriage act, 1955 for restitution of conjugal rights as also g.o.p.no.930 of 2013 seeking custody of the minor children ..... , j.--------------------------- tr.p.(c)no.220 of 2013 ------------------------------- dated this the 8th day of july, 2013 order the petitioner is the wife of the respondent. the marriage between them was solemnized on 1.1.2006 at nenmara in palakkad district. two children were also born in that wedlock. later disputes and differences arose and they started .....
Tag this Judgment!Court : Kerala
..... annexure a1 order dated 27.3.2013 passed by the family court, irinjalakkuda in o.p.no.1229 of 2012, a joint petition filed under section 13b of the hindu marriage act, 1955. shortly thereafter, the respondent filed g.o.p.no.464 of 2013 before the family court, irinjalakkuda seeking permanent custody of the minor girl. upon receipt of ..... did not object to the jurisdiction of family court, irinjalakkuda to entertain the said petition which was a joint petition filed by the parties for dissolution of the marriage. the only contention raised by the petitioner is that she is residing at ernakulam with her minor child since 2009, that the respondent is not paying any amount ..... manoj, learned counsel appearing for the respondent. i have also gone through the pleadings and the materials on record. the respondent does not dispute the fact that the marriage between the parties was dissolved by a decree of divorce passed by the family court, irinjalakkuda on 27.3.2013 in o.p.no.1229 of 2012. she .....
Tag this Judgment!Court : Kerala
..... of his relationship with the appellant. no court can legally acknowledge the marriage between the deceased and the appellant during the subsistence of a valid marriage of the deceased as it is a taboo under section 5(i) of the hindu marriage act, 1955 (in short, "the act"). hence, we find that factually there is no error committed by the ..... that the pension can be granted to only one at a time. as mentioned above, section 5(i) of the act declares that a hindu cannot re-marry during the subsistence of his/her earlier marriage. to reinforce this, learned counsel for the 1st respondent relied on a decision of this court in saraswathi amma v. ..... case coupled with the legal provisions mentioned above make it amply clear that the 1st respondent was validly married by the deceased and during the subsistence of that marriage, an extramarital relationship between the deceased and the appellant was established. therefore, the decision of the court below is proper and legally justifiable.18. learned .....
Tag this Judgment!Court : Kerala
..... or illegitimacy of the child born to the appellant. the purpose of the respondent is, to establish the ingredients of section 13 (1)(ii) of the hindu marriage act, 1955, namely, that after the solemnisation of the marriage of the appellant with the respondent, the appellant had voluntarily engaged in sexual intercourse, with a person other than the respondent. there can be no doubt, that ..... vs. ronobroto roy. there, the dna test of the respondent/husband and the male child born to the appellant/wife, in an application for dissolution of marriage, on the ground of adultery under the hindu marriage act ordered by the high court was challenged in the civil appeal. while upholding the oder passed by the high court, the supreme court held as follows: "9 .....
Tag this Judgment!