Court : Kerala
Reported in : II(2006)DMC725; 2006(3)KLT846
..... compounding the offences committed by spouse as well as their relations in matrimonial disputes. the legislative mandate of reconciliation by courts is reflected in 23(2) of the hindu marriage act, 1955 and various other legislations dealing with personnel laws. the apex court in v.k. gupta v. smt. nirmala gupta : [1980]1scr506 reminded the courts that it ..... compoundable offence under section 320 cr .p .c. and in appropriate cases the courts could exercise its inherent powers under section 482 to save the institution of marriage.14. the accused persons in the present case are relatives of the husband of pw-1. prosecution case was that relatives had mentally and physically tortured her ..... are seeking to compound the offence under section 498-a of the ipc the approach of the court would be to save the institution of marriage since the sanctity of marriage is a cornerstone of civilisation and to bring peace and happiness in the society.13. courts have however, to be guarded that section 482 is .....
Tag this Judgment!Court : Kerala
Reported in : AIR1993Ker198; II(1992)DMC371
..... instrument of dissolution upon the consent of the parties (section 6(a)). marumakkathayam act stood repealed by the hindu marriage act, 1955, called the h.m. act1 hereinafter. thereafter, the kerala joint hindu family abolition act, 1976 was also enacted. section 4 of the h. m. act states that, 'any text, rule or interpretation of hindu law or any custom or usage as part of that law in force ..... immediately before the commencement of that act, will cease to have effect, unless otherwise saved .....
Tag this Judgment!Court : Kerala
Reported in : 2005(2)KLT212
..... dt. 31.1.1962 of the munsiff, cherthala, which court continued to have the jurisdiction to do so in view of section 29(2) of the hindu marriage act, 1955. in a case where the alleged second marriage is disputed, long co-habitation as man and wife, even if true, or the description of the plaintiff as the wife of sanku kumaran in the ration ..... kumaran residing along with him and continuing to cling on to the house even after his death. 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 (see jolly das v. tapan ranjan das (1995 (1) klt (sc) (sn) 9), shaji v. gopinath (air 1995 mad. 161 .....
Tag this Judgment!Court : Kerala
Reported in : AIR2006Ker337; II(2006)DMC464; 2006(3)KLT114
..... court. but in the case of claims for reliefs under the personal laws or special statutes such as the hindu marriage act, 1955, indian divorce act, 1869, the special marriage act, 1954, the guardians and wards act, 1890 etc. what is contemplated is not a suit but a petition. it was presumably for this reason that ..... establishment of the debt recovery tribunal constitutes 'other proceedings' within the meaning of section 31 of recovery of debts due to banks and financial institutions act, 1993, is liable to be transferred to the tribunal.7. union of india v. delhi high court bar association : [2002]2scr450 .notwithstanding the ..... the legislature employed the words 'suits or proceedings' since proceedings initiated on a petition cannot be termed as a suit. but all the suits or proceedings envisaged under the explanation to section 7(1) of the act .....
Tag this Judgment!Court : Kerala
Reported in : 2009ACJ2272
..... always considered as illegitimate. it is relevant to refer to some of the provisions in the divorce act, 1869 and the hindu marriage act, 1955. section 21 of divorce act reads as follows:21. children of annulled marriage.- where a marriage is annulled on the ground that a former husband or wife was living, and it is adjudged ..... that the subsequent marriage was contracted in good faith and with full belief of the parties that the former husband or wife was dead, or when a marriage ..... parents to succeed to the property of their illegitimate children. the object of section 16 of the hindu marriage act and section 21 of the divorce act was to protect children born of void or voidable marriages. a limited section of children alone are protected under the said statutes. we are of the strong .....
Tag this Judgment!Court : Kerala
Reported in : AIR1998Ker189
..... not impleaded as corespondent or respondents in the petition which is mandatory. the high court of kerala in exercise of the powers conferred by sections 14 and 21 of the hindu marriage act, 1955 (central act 25 of 1955) and article 227 of the constitution of india framed the rules with the previous approval of the governor to regulate proceedings under the said ..... her was one kunhiraman. she also confessed that she was leading adulterous life with kunhiraman for about 10 years. therefore the appellant filed the petition under section 13 of the hindu marriage act for divorce.2. the respondent contested the petition contending that the appellant was always of a suspicious nature of her fidelity and the incident of 24-1-1993 averred in .....
Tag this Judgment!Court : Kerala
Reported in : II(1999)DMC745
..... at delhi, where the unmarried sister was serving, as a teacher.3. respondent wife filed suit under sections 13(1)(i)(ia)(ib) of the hindu marriage act, 1955 for dissolution of marriage on 12.9.1991. she alleged that after two years of their marriad life, when chances of her conceiving a child were found remote, her husband ..... the respondent-wife has a just and reasonable cause to live separate from him. contracting a second marriage in itself is an act of causing mental torture and tantamounts to cruelty for the purpose of section 13 of the hindu marriage act. in this view of the matter, we are not inclined to take a different view from the ..... superior official and financial status and wanted to lead an independent life.5. learned trial court framed necessary issues on the point of cruelty, desertion and second marriage of the appellant. the trial court after recording evidence, recorded findings against appellant and in favour of the plaintiff- respondent on all the aforesaid three issues .....
Tag this Judgment!Court : Kerala
Reported in : II(1992)DMC356
..... and thereafterthey have been residing separately. in june 1986, both parties together filed apetition before the subordinate judge's court, hosdurg under section 13 ofthe hindu marriage act, 1955 praying for a decree of divorce based on theirconsent. the case was adjourned for the statutory period of six months at theend of which the wife ..... .6. accordingly, we record the compromise in cmp 1829 of 1991. weallow cmp 1830 of 1991 and pass a decree for dissolution of marriage undersection 13b of the hindu marriage act, 1955. we also set aside the decree inop 32 of 1987, dismiss op 32 of 1987 and allow the appeal, directing the parties to bear ..... also that there is no collusion betweenthe parties.4. the question naturally arising is whether this court can pass adecree under section 13b of the hindu marriage act without following theformalities prescribed in the provision. according to section 13b on a petitionbeing so presented alleging that spouses have been living separately for a periodof .....
Tag this Judgment!Court : Kerala
Reported in : II(2000)DMC59
..... be established that the respondent was a lunatic or idiot at the time of marriage. this section contemplates upon a much greater mental disorder, which would suffice for obtaining a decree for divorce under the hindu marriage act, 1955 (hereinafter referred to as the 'hindu act').7. section 13(1), clause (iii) and explanations (a) and (b ..... ) appended to said clause deal with similar situations under 'hindu act', which read as follows:'section 13. divorce-(1) any marriage solemnised, whether before or after the commencement of this act, may, on ..... and/or dull intellect who understand nature and consequences of their acts and are able to control themselves, their affairs, reactions in the normal way. section 5(ii) of the hindu act lays down as one of the conditions for a hindu marriage that neither party must be incapable of giving valid consent in .....
Tag this Judgment!Court : Kerala
Reported in : II(2006)DMC273; 2006(2)KLT800
..... the provisions of that act. therefore, the fact that the petitioner and the respondent follow different religions ..... to be solemnised under the provisions of the said act.13. sreedharan v. pushpa bed alias leela 1978 klt 26 was also cited in support: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 .....
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