Judgment Search Results Home > Cases Phrase: hindu marriage act 1955 chapter 1 preliminary Court: kerala Page 23 of about 1,653 results (0.160 seconds)

Dr.Bindu Vs. Dr.Sajeev

Court : Kerala

..... court, nedumangad seeking custody of the child, which was dismissed as not pressed, as evidenced from ext.p4. meanwhile a joint petition filed for divorce under section 13b of the hindu marriage act was allowed by the family court, as per ext.p5. it is pointed out by the petitioners that, in the joint petition for divorce it was mutually agreed that permanent ..... the 1st petitioner with cruelty and there were continuous torture both mental and physical. it is further mentioned that the respondent had filed op.13432/2003 seeking dissolution of the marriage, which was dismissed by the family court, nedumangad after re-umbering the case as op.no.723/2005, based on the submission that both parties are residing together and they .....

State of Kerala Vs. Chandradass Butt and ors.

Court : Kerala

Reported in : AIR1977Ker30

..... . these appeals arose out of three proceedings before the subordinate judge of cochin, two original petitions under the hindu marriage act and a suit for maintainance. one original petition was to declare the marriage be-tween the parties a nullity or in the alternative, if the marriage is found valid, for grafting a decree for judicial separation. the other original petition was for a decree ..... made liable for payment of the court-fee.5. the decisions reported in jamini kanta v. union of india, air 1955 cal 45 and ram saran v. state of bihar, air 1959 pat 384 are useful on this aspect. in air 1955 cal 45, a suit for recovery of arrears of pay by a civil servant and also for damages for illegally .....

Velukutty Vs. Prasannakumari

Court : Kerala

Reported in : 1985CriLJ1558

..... marriage under section 13(1)(a)(i) of the hindu marriage act alleging that they have not resumed cohabitation after the order for judicial separation. in that o.p. the counter petitioner filed la. no. 913 of ..... by the petitioner the counter petitioner filed o.p. no. 239 of 1980 before the district judge, kozhikode for judicial separation under section 10(1)(a) of the hindu marriage act. that petition was allowed and judicial separation was ordered. then the petitioner filed o.p. no. 69 of 1982 before the same court for dissolution of the ..... judge, kozhikode, it may be true that the counter petitioner filed la. no. 913 of 1982 in that case claiming interim alimony under section 25 of the hindu marriage act and the court might have allowed interim alimony till the date of ordering divorce as contended. the contention is that she opted maintenance under the .....

Sindhu P.K. Vs. Sunil Kumar

Court : Kerala

..... in jayalakshmi coelho v. oswald joseph coelho (air2001sc1084. that was a case wherein a petition for divorce by mutual consent was filed under the provisions of the special marriage act, 1954. the prayer made in the petition is extracted in the rp no.507/2014 in op(fc) no.4076/2013 11 judgment of the apex court, which ..... with respect to the property of parties to a marriage or either of them. likewise, clause (d) to the explanation shows that ..... suit or proceeding falling within explanation to section 7(1) of the act is that the family courts are empowered to adjudicate not only marital disputes, but also property suits between the parties to a marriage. for example, section 7(1) explanation (c) to the act says that the family court shall have jurisdiction over a suit or proceeding .....

Shaji P. Vs. Reshma

Court : Kerala

..... the petitioner, who according to the respondent is her duly wedded husband. the petitioner seeks immediate quashment of ext.p3 on the ground that there has been no valid marriage between him and the respondent. the petitioner is yet to enter appearance before the family court, kannur. according to us, he should enter appearance before that court first ..... and to raise a preliminary contention regarding the maintainability of ext.p3 on the reason that there is no marriage between the parties. we are sure that if such a contention is raised by the petitioner before the family court, the learned presiding officer of the o.p.(fc ..... -01- 2013, the court on the same day delivered the following: o.p.(fc) no.291/2013 appendix petitioner(s) exhibits ext.p-1 true copy of decree hma (op) no.1079/2008 from the hon'ble family court alappuzha dated 13 2.2009 received by the petitioner. ext.p-2 the true copy of main laboratory result .....

Ramankutty Nair Vs. Krishna Kumary

Court : Kerala

..... the parties either in a case where the conditions for a hindu marriage specified in section 5 of the hindu marriage act are satisfied or where they contract a marriage by getting it registered in terms of the provisions contained in chapter ii of the special marriage act 1954.6. insofar as this case is concerned, purported marriage between the parties is by virtue of agreement dated 10th october ..... 2008, which is not a recognised marriage, either mat.appeal no.378/10 4 under the hindu marriage act or under the special marriage act. if that be so, the essential requirement of explanation (b) to section 7(1), viz, a legal marriage is absent in the case and in such a situation, the prayer made by the .....

The Trivandrum Golf Club and ors. Vs. State of Kerala

Court : Kerala

..... into the licence arrangement under ext.a3 deed, later in 1984 got registered under the travancore, cochin literary, scientific and charitable societies registration act, 1955 (act 12 of 1995). we do not understand what is the scientific, literary and charitable activity that would enable club to register under the above ..... modified for conducting the bar, and the plaint property had been shown as the asset of the club. the property is being used for commercial activities for marriage functions, film shootings and other celebrations in violation of the terms of the agreement though the user is restricted only for sports activities. it was urged ..... is entitled to only compensation for termination of the licence, provided, sufficient ground is made out establishing such claim as under section 64 of the indian easements act, is the further submission of the learned additional advocate general. the decree of perpetual prohibitory injunction canvassed as the second relief in the suit, it is urged .....

Minimol Joseph Vs. Jose Poonoly

Court : Kerala

Reported in : II(1996)DMC239

..... that the respondent was suffering from some kind of mental illness. had she known that the respondent was mentally ill, she would not have consented to the marriage. other acts of physical and mental cruelty are also narrated by her. though she was cross-examined by counsel for the respondent, nothing was brought out in cross- ..... he was undergoing treatment from various mental hospitals.3. the petitioner alleges fraud on the part of the respondent which resulted in her giving consent to the marriage. it was represented to her and members of her family that the respondent was a post graduate and hails from an aristocrate family having wide connections with ..... together for five years, during the whole period the respondent did not show any interest in marital sex. no attempt was made by him to consummate the marriage. he did not develop any attachment towards the petitioner either physically or mentally and all her attempts to have physical relationship with him were resisted and rendered .....

Velayudhan Vs. Chandrika

Court : Kerala

Reported in : II(2003)DMC486; 2003(2)KLT310

..... love and affection to his wife and considered her as his sole consolation. in this context, we see that though the term 'cruelty' is not defined in the act this court attempted to give a definition in suseela v. gopalakrishna prabhu mohandas prabhu (1975 klt 72) that treatment which causes reasonable apprehension in the mind that such ..... quiet for sometime as a husband, at least in the society. cruelty can be either physical or mental. assuming that was no physical cruelty by the wife, the act of living together or sharing the bed with another man itself is a cruelty. especially, a man lived with and loved her for several years fully knowing that ..... p. no. 405/99 before the family court, manjeri for dissolution of marriage with the 1st respondent. the grounds urged in the application were cruelty and adultery. the averments before the court below were that he married the 1st respondent during may, 1979 as per hindu religious rites. even though the 1st respondent conceived more than once, no .....

Suja Ani G., Vs. George Skariah P

Court : Kerala

..... held that section 45 o.p(fc) no. 3912 of 2013 4 contemplates the procedure to be followed in trial of the cases or the petitions filed under the divorce act. subsequently, the very same issue came up for consideration of a division bench of this court. the division bench of this court in sajan ninan v. binu s.george (2003 ..... respondent was not maintainable. according to the learned counsel, section 151 of the code of civil procedure, which was invoked by the respondent, can apply to proceedings under the divorce act, 1869 only, in so far as the procedural matters are concerned and nothing else. therefore, according to the learned counsel in exercise of the powers under section 151 of the ..... a dentist. the 2nd and 3rd children are girls, who are students.2. o.p.no.1198 of 2013 was filed by the petitioner under section 32 of the divorce act seeking restitution of conjugal rights. a copy of the original petition is ext.p1. in that original petition, he also filed ext.p6 i.a.no.1820 of 2013. in .....