Court : Kerala
Reported in : AIR1990Ker1; I(1990)DMC561
..... in 1982 and started living along with the three children in her parental home.2. rajani filed a petition under section 13(1)(a) of the hindu marriage act for dissolution of the marriage on the ground of cruelty. the petition was numbered as o.p. 77 of 1984before the sub court, eranakulam. the husband denied the allegations ..... by a decree of divorce on the ground of cruelty.6. to satisfy the requirement under section 13(1)(a) of the hindu marriage act the appellant has to establish that after the solemnisation of the marriage she was treated by the husband with cruelty. the allegation made by the appellant is required to be proved by preponderance of ..... to determine whether cruelty as a matrimonial offence has been proved or the stalemate is to continue for ever.8. cruelty as a ground for dissolution of marriage has necessarily to be proved by the petitioner by establishing a course of conduct on the part of the respondent adversely affecting the petitioner. matrimonial conduct constituting .....
Tag this Judgment!Court : Kerala
Reported in : I(2007)DMC282
..... the parties has irretrievably broken down. in terms of the package of settlement, prabhakaran and girija have filed a petition under section 13b of the hindu marriage act in mat. appeal no. 100/2006. in the peculiar facts and circumstances of the case and since we are satisfied that there is no collusion between the parties, we are ..... inclined to allow this petition and dissolve the marriage between k. prabhakaran and p. girija.3. in view of the compromise, the mat. appeals are disposed of, recording the compromise and in terms of the compromise. accordingly mat appeal .....
Tag this Judgment!Court : Kerala
Reported in : AIR1995Ker139; I(1995)DMC48
..... of 198? of the i additional sub-judge, trivandrum granting restitution of conjugal rights. respondent filed the petition under section 9 of the hindu marriage act for a decree for restitution of conjugal rights alleging that without reasonable excuse appellant had withdrawn from his society. challenge against the impugned judgment is on the ground that the ..... restitution of conjugal rights would automatically follow is legally untenable. manifold factors can arise to sour the happy matrimonial relationship of the couple. short of physical violence, there may be acts of omission and commission on the part of the spouses to cause mental agony of the worst order. evidence in the case that the respondent cared a two pence for ..... was no physical violence or torture. on going through the evidence we hold that respondent is not entitled to decree for restitution of conjugal rights. the judgment in o.p.(hma) 237 of 1987 is set aside and the petition stands dismissed. m.f. a. is allowed.
Tag this Judgment!Court : Kerala
Reported in : AIR1989Ker234
..... of those who are married under the provisions of that act, the basic formalities to be undergone by those entering into matrimony, the conditions under which restitution of conjugal rights can be ..... 1869) deal with the law of marriage and divorce for christians. the parsi marriage and divorce act, 1936 (act iii of 1936) is concerned with the marriage and divorce among parsis domiciled in this country. marriages of mohamedans and divorces between them are governed notonly by the shariyat law but also by the dissolution of muslim marriages act, 1936. the hindu marriage act, 1955 (act xxv of 1955) similarly provides for the essential qualifications .....
Tag this Judgment!Court : Kerala
Reported in : AIR1998Ker97
..... counsel settling their claims against each other.4. both parties are present in court today. the memo of compromise was filed under section 13-b of the hindu marriage act, 1953. the petition is numbered as cmp 6193/1997. the memo of compromise sets out the terms and conditions subject to which the parties hither to have ..... relatives and well wishers, the parties have agreed by mutual consent they present cmp. 6193/97 to have the marriage between them dissolved. though normally for a marriage to be dissolved under section 13(b) of the hindu marriage act, the motion of both parties should have been made to the court by both parties not earlier than six months ..... agreed to put an end to their relationship as husband and wife by getting dissolution of the marriage solemnized between them, under orders of this court. though the proceedings before the family court have been initiated as a contestive litigation, having regard to the .....
Tag this Judgment!Court : Kerala
Reported in : AIR2004Ker79
..... muthamma and madhavan was not legal, the plaintiffs are entitled to get share in the property of their father as per section 16 of the hindu marriage act. exts. a-4 to a-11 are the personal diaries of madhavan. it would show that the plaintiffs are his children. he is the most competent person to say about ..... 6th defendant are his children born in their cohabitation are the legitimate children of madhavan. section 16 of the hindu marriage act begins with notwithstanding that a marriage is null and void under section 11, any child of such marriage who would have been legitimate if the marriage had been valid, shall be legitimate, whether such child is born before or after the commencement of the .....
Tag this Judgment!Court : Kerala
Reported in : 2010(2)KLT305
..... is guilty of matrimonial cruelty. but the claim for divorce under section 13 was not granted and the lesser relief of judicial separation under section 13a of the hindu marriage act alone was granted. the prayer for restitution was rejected.(ed. note: paras. 3 to 25 omitted being narration of facts and evidence)26. it is contended that the ..... in full.(c) the order in o.p. no. .963/06 is modified. the decree for divorce on the ground of matrimonial cruelty under section 13 of the hindu marriage act is granted. the marriage between the spouses solemnised on 1.6.1998 is hereby dissolved.(d) parties are directed to suffer their respective costs. ..... the alleged conduct. if such alleged conduct persuades either of them to recognise the marriage as not retrievable, definitely that has a bearing on the question whether the conduct alleged amounts to cruelty or not. in a case like the instant one, where the acts alleged are the only reasons for separate residence of the spouses as found by the .....
Tag this Judgment!Court : Kerala
Reported in : AIR1971Ker183
..... situation arose. the court was dealing with an application under section 13 of the hindu marriage act, 1955 and court-fee was paid under the provisions of article 1 (b). schedule ii of the court-fees act, which is more or less similar to article 3 (a) (1) ..... that there was no scope for importing the words 'plaint' and 'suit' into section 13 of the hindu marriage act which only used the word application. an application requires to be stamped as a mere petition and not as a plaint under the ..... the books fail when it comes to law in the courts.4. the scheme of the madras marumakkathavam act provides for petitions for dissolution of marriage and where any such proceeding is pending, the poorer of the two, the wife or the husband ..... fee made by the taxing officer, relate to orders on applications under sections 10-a and 10-b of the madras marumakkathayam act, 1933 whereunder, the respondent-wife, who was sought to be divorced by the husband, claimed successfully, maintenance pendente lite under .....
Tag this Judgment!Court : Kerala
Reported in : II(1998)DMC694
..... in o.p. no. 20 of 1994, filed under section 9 of the hindu marriage act for restitution of conjugal rights. she was the respondent in o.p. no. 352 of 1994 filed by the respondent-husband herein under sections 12 and 13 of the said act fordeclaring that the marriage is null and void. both the petitions were tried together and a common ..... by the judgment of the court below, the wife has filed this appeal under section 19 of the act.3. heard both sides. counsel on both sides uniformly submitted that they filed c.m.p. no. 1879 of 1998 praying to dissolve the marriage between the appellant and the respondent by a decree of divorce by mutual consent. the joint petition ..... judgment was delivered by the court below on 16.12.1996.2. the marriage between the parties took place on 9.1.1994 according to the custom of the .....
Tag this Judgment!Court : Kerala
Reported in : 2004CriLJ805
..... that the since the detenu is a minor, the custody cannot be given to the husband. learned counsel for the petitioner brought to our notice section 5(iii) of the hindu marriage act, which states that the bridegroom must have completed the age of 21 years and the bride, the age of 18 years at the time of the ..... marriage. the first respondent violated this. this does not lead to any termination of the marriage because the act does not say anything about this. under the guardians and wards act, it is stated that the natural guardian of a girl is her husband. section 12(3 ..... ) of the guardians and wards act says as follows :'nothing in this section shall authorise-- (a) the court to .....
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