Court : Kerala
Reported in : AIR1989Ker89
..... regarding the 'pooja' of 'thali', garlands etc. and exchange of rings is of such a consequence as to invalidate the marriage as set up by the respondent.7. mr. john, drew our attention to section 5 of the hindu marriage act which provides :'a marriage may be solemnised between any two hindus, if the following conditions are fulfilled...................'there is no case for either that ..... the conditions recited thereafter in section 5 were not fulfilled. however, counsel for the appellant urged emphatically that a hindu marriage can be considered to be solemnised only if all .....
Tag this Judgment!Court : Kerala
Reported in : AIR1989Ker331
..... therefore not persuaded to interfere with the order of the lower court.11. the amplitude of the power of the matrimonial courts under section 25 of the hindu marriage act or similar provisions of corresponding statutes have been recognised by courts, the courts have gone to the extent of holding that even a wife against whom cruelty ..... maintenance, the court must have regard, of course, to the conduct of the parties.'once it is found that the power under section 25 of the hindu marriage act to award maintenance is largely discretionary without any limits set as to the circumstances under which the court may not pass such orders, the only remaining question may ..... court otherwise ordered.10. yet another reason why we hold that we need not interfere with the order of the lower court is that section 25 of the hindu marriage act, under which the order was made, is largely discretionary; and except in cases where that discretion was exercised in a manifestly wrong and improper manner, the .....
Tag this Judgment!Court : Kerala
Reported in : AIR1990Ker55
..... it is necessary to consider the meaning and connotation of the expression 'desertion'. desertion is a specific ground for petition for divorce under section 13 of the hindu marriage act. section 13(1)(i) refers to the spouse deserting the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition ..... circumstances of the case it is necessary to appreciate the principles of law governing a case like this. restitution is claimed by virtue of section 9 of the hindu marriage act. the section reads thus:'9. restitution of conjugal rights. when either the husband or the wife has, without reasonable excuse, withdrawn from the society of the ..... to get it must get it in full measure from the party who defaults the payment.'relying on the decision in eluri krishnamoorthy v. eluri suryakantamma, air 1955 andh pra. 5. we do not understand the learned judge as laying down a principle that under no circumstances can the rate be reduced in regard to .....
Tag this Judgment!Court : Kerala
Reported in : AIR1983Ker139
..... of the women), the law commission of india under the chairmanship of p.b. gajendragadkar, learned in vedic and legal lore, while submitting the fifty-ninth report on hindu marriage act. 1955 and special marriage act, 1954 observed as follows:'before we proceed to deal with the questions relating to revision or amendment of the provisions of the two ..... set aside the order of the court below, as i felt that it had abdicated its function in dealing with and disposing of a petition under section 24 of the hindu marriage act. it may be, however, unfair to that court, to be too critical about its conduct or its decision. the stress and strain of routine work on these ..... 'adamant, to evade' the wife and children.14. the wife then filed a petition i. a. no. 1908/81 for alimony and expenses, invoking section 24 of the hindu marriage act. she alleged that the husband was working as an assistant surgeon and had private practice, earning an amount of rs. 5,000/- per mensem. there was also a reference to .....
Tag this Judgment!Court : Kerala
Reported in : AIR1973Ker273
..... the case before us it is clear from the passage already extracted from the judgment of the lower court that in exercising the discretion under section 25 of the hindu marriage act, the learned judge has taken into account the conduct of the wife and also the finding that she was guilty of adultery. as pointed out by asquith l ..... above provision does not affect the jurisdiction of the court to grant maintenance depending on the grounds decreeing judicial separation or for divorce. section 25(1) of the hindu marriage act, no doubt, confers a discretion in the court to award maintenance. it is one thing to say that a finding that a wife is guilty of adultery for ..... shall rescind the order.'counsel for the appellant contended that when unchastity on the part of a wife subseauent to an order under section 25(1) of the hindu marriage act is a ground for its cancellation the legislature would not have intended grant of maintenance to her when she was guilty of adultery before the filing of the .....
Tag this Judgment!Court : Kerala
Reported in : AIR1988Ker244
..... english law. the effect of dastane v. dastane, air 1975 sc 1534 was nullified by causing the 1976 amendment in the hindu marriage act. in raj kumar manocha v. smt. anskuka manocha, 1983 cur lj (civ & cri) 134, s.p. goyal, j. relying on mandan lal sharma v. smt ..... health or to give rise to reasonable apprehension of such danger. after the 1976 amendment in the hindu marriage act, cruelty as a ground for divorce has been brought at par with one existing in the special marriage act. and under the special marriage act the ground of cruelty has always been understood to mean cruelty as it is understood under the ..... this decision was rendered prior to the amendment of section 10(1)(b) of the hindu marriage act by marriage laws (amendment) act, 1976.14. after the judgment in dastane's case was rendered section 10(1)(b) was amended by the marriage laws (amendment) act (act 68 of 1976). under the amended provision any person can present a petition praying for .....
Tag this Judgment!Court : Kerala
Reported in : AIR1988Ker308
..... to him and that she also caused bodily injury to him. on these allegations the appellant moved for divorce under section 13(1)(i) and (ii) of hindu marriage act. the respondent characterised the appellant as a man of desparate character and alleged that he always liked to keep company with drunkards. respondent also alleged that he had ..... by the supreme court in dastane v. dastane air 1975 sc 1534. while discussing the burden of proof under section 10(i)(b) and section 23 of the hindu marriage act, 1975 the court held :'the belief regarding the existence of a fact may be founded on a balance of probabilities. a prudent man faced with conflicting probabilities concerning ..... prevail on both of them and an amicable settlement can be made.11. the appellant failed to establish any of the grounds given in section 13 of the hindu marriage act for divorce. his application has been rightly rejected by the court below and we see no reason to interfere with the same.12. the court below has directed .....
Tag this Judgment!Court : Kerala
Reported in : AIR1986Ker130
orderu.l. bhat, j.1. revision petitioner is the wife of the respondent. they are governed by the provisions of the hindu marriage act (for short 'the act'). they were married on 24-8-1975 and lived together till december, 1979. thereafter, they have been living apart. each has his/her own explanation for the present state of ..... wife or even the divorced wife. concept of equality between the spouses has gained recognition. that is why section 24 of the act enables either spouse to make a claim. status of the wife as an equal partner in marriage is now generally accepted. the idea of ceiling of l/5th of the income has lost all relevance and advisedly such a ..... ceiling has not been incorporated in section 24 of the act. the legislature has declared its policy under section 24 of the act, the policy being that the quantum to be .....
Tag this Judgment!Court : Kerala
Reported in : II(2005)DMC520
..... with a marriage, 'to celebrate the marriage with proper ceremonies and in due form', according to the shorter oxford ..... section 494, i.p.c., it was necessary to establish that the second marriage had been duly performed in accordance with the essential religious rites applicable to the form of marriage gone through by the parties. interpreting the word 'solemnize' in section 17 of the act, punishment of bigamy, in the hindu marriage act, 1955, the apex court held as follows:'the word 'solemnize' means in connection .....
Tag this Judgment!Court : Kerala
Reported in : I(2008)DMC429; 2007(3)KLT280
..... can be directed to be transferred to another court where a maintenance case is pending between the parties, in exercise of the power under section 21a(2)(b) of the hindu marriage act, 1955, is the question that arises for consideration in this case. the respondent/wife filed m.c. no. 294/2005 on the file of the family court, kannur, caliming maintenance from ..... tried along with m.c. no. 294/2005. the learned single judge allowed the petition and passed the following order:invoking the power under section 21a(2)(b) of the hindu marriage act, i transfer o.p. 723/06 from the file of the family court, ettumanoor to the file of the family court, kannur to be dealt with along with m.c ..... . no. 294/05, pending before that court.the appeal is filed aggrieved by the said order, by the husband.2. section 21a of the hindu marriage act reads as follows:21-a. power to transfer petitions in certain cases.-(1) where-(a) a petition under this .....
Tag this Judgment!