Court : Mumbai Nagpur
..... other court. powers of high court under section 23(3) are not restricted by any of the technicalities. objections with regard to the provisions in the hindu marriage act were also considered by the rajasthan high court and it was held that such powers were not subject to the procedure adopted by different matrimonial courts and the ..... held in paragraph 9, relying on the decision of the rajasthan high court, as under : 9. with regard to third objection regarding section 21a of the hindu marriage act and earlier suit was filed in palghat. i refer to the decision of the rajasthan high court in smt. sunita bali v. ashok bali, air 1987 rajasthan ..... provisions of the domestic violence act, in the courts at nagpur against the respondent-husband. the respondent-husband has filed matrimonial proceedings seeking a decree of nullity of marriage in the court at thane. 5. the present transfer application has been filed by the applicant-wife with a prayer to transfer hindu marriage petition no.109 of .....
Tag this Judgment!Court : Mumbai Nagpur
..... interference under article 32 of the constitution of india and a proceedings before it were for awarding decree for divorce by annulling marriage of parties by waiving statutory period of six months provided under section 13-b (2) of the hindu marriage act 1955. the observations in paragraph 22 show that when petitioner's counsel was not able to raise any factual or legal challenge .....
Tag this Judgment!Court : Mumbai Nagpur
..... of the indian penal code. in the aforesaid background, the respondent sought a decree of judicial separation or a decree of divorce under section 13 of the hindu marriage act, 1955 on the ground of cruelty. 5. the appellant filed the written statement and denied the claim of the respondent. it was denied that the respondent started ..... 2. few facts giving rise to the appeal are stated thus :- a petition was filed by the respondent under section 10 r/w section 13 of the hindu marriage act, 1955 for judicial separation or for grant of divorce. it was pleaded by the respondent that he was a qualified engineer working in a public sector undertaking since ..... have noticed on a perusal of the pleadings that though the respondent had specifically pleaded about the acts of cruelty by the appellant, the appellant had vaguely denied the same in the written statement. the pleadings in the hindu marriage petition are not specifically denied and there is an evasive reply to the pleadings. the pleadings in .....
Tag this Judgment!Court : Mumbai Nagpur
..... the dismissal of annulment proceedings filed by him. fca 74 of 2015 assails the grant of restitution in proceedings filed by respondent wife. the hindu marriage act, 1955 is hereinafter referred to as the act . 2. this court has on 23.09.2015, issued notice observing that the appeal would be finally heard at the stage of admission ..... b.p. dharmadhikari, j.) 1. both these appeals under section 19 of the family courts act, are filed by the husband mayank. petition no. a386/13, filed by him under section 12[1][c] of the hindu marriage act, 1955 for annulment of marriage between him and respondent by a decree of nullity, has been dismissed by the family court. ..... similarly, petition no. a 289/12 filed by the respondent wife under section 9 of the hindu marriage act for restitution of conjugal rights has been allowed with .....
Tag this Judgment!Court : Mumbai Nagpur
..... rise to the family court appeal are stated thus - the appellant-husband had filed a petition against the wife for dissolution of marriage under section 13(1)(ia) and (ib) of the hindu marriage act, 1955 in the family court at nagpur. the marriage between the parties was solemnized at ballarpur on 26.11.1992 as per the buddhist rites and custom. after the time of ..... the marriage, the husband was residing at indora, nagpur along with his parents and his three unmarried sisters. according to the husband, the wife .....
Tag this Judgment!Court : Mumbai Nagpur
..... ia] and [ib] of the hindu marriage act, 1955. 2. few facts giving rise to the family court appeal are stated thus: the appellant-husband filed a hindu marriage petition against the respondent-wife for a decree of divorce under section 13[1][ia] and [ib] of the hindu marriage act. the marriage between the parties was solemnized on 30 ..... .04.1979 at juni mangalwari, nagpur, according to hindu rites and customs. it is pleaded in the hindu marriage petition that the respondent initially showered all her love and affection on the husband ..... wife supported the judgment of the family court and submitted that the family court had rightly considered the evidence of the parties before dismissing the hindu marriage petition. it is submitted that in the proceedings filed by the wife against the husband under section 125 of criminal procedure code, the husband had not pleaded .....
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..... entitled to family pension, it would be necessary to consider the provisions of the hindu marriage act, 1955 and the provisions of the maharashtra civil services rules. the relevant provisions of the hindu marriage act read thus: section 5. conditions for a hindu marriage. a marriage may be solemnized between any two hindus, if the following conditions are fulfilled, namely ..... 11 and 17 of the hindu marriage act that the hindu marriage act considers a marriage by a party with a spouse living at the time of the marriage to be void. since the hindu marriage act was brought into force on 18.5.1955, the marriage by a hindu with a spouse living at the time of the marriage, is held to be ..... court was not considered by this court while permitting pension to two widows of a hindu man contracting marriage during the lifetime of his spouse after the coming into force of the hindu marriage act on 18.5.1955. the learned assistant government pleader relied on the judgment of the hon ble supreme .....
Tag this Judgment!Court : Mumbai Nagpur
..... judgment of the family court, nagpur dated 20.12.2011 allowing a petition filed by the respondent for a decree of divorce under section 13(1)(ia) of the hindu marriage act, 1955. in the first appeal filed by the appellant, the respondent has filed a cross objection for seeking the custody of the minor child as the family court has held ..... on record, the family court, by the judgment dated 20.12.2011, decreed the petition filed by the husband for divorce under section 13(1)(ia) of the hindu marriage act and directed that the custody of anvesh shall remain with the wife. being aggrieved with the part of the judgment granting a decree of divorce in favour of the husband ..... husband is successful in proving that the wife had treated him with cruelty and whether he is entitled to a decree of divorce under section 13(1)(ia) of the hindu marriage act ? ii) whether the husband is entitled to the custody of anvesh and/or the wife is entitled to the custody as per the judgment of the family court ? .....
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..... following submissions : (i) petition no.pa-442/08 filed by the husband for decree of divorce under section 13(1)(i-a) and (iii) of the hindu marriage act, 1955 was with elaborate pleadings and thereafter application for amendment of the petition was moved by the appellant/ husband to specify certain pleadings in the petition. the copy of ..... the impugned common judgment and decree dated 6.4.2011 is set aside. petition no.pa-442/08 for divorce filed by appellant deepak toshwantrao raghorte is decreed. the marriage between appellant deepak toshwantrao raghorte and respondent smt. priyanka w/o deepak raghorte is hereby dissolved by a decree of divorce. no order as to costs. (iii) ..... intimation of death given to her husband, none had visited her. her attempt to make reconciliation failed. she had appeared for m.sc. i examination before marriage. she was always cooperative and wanted to adjust with her husband. she wanted to live a happy married life but her husband refused to join her company and .....
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..... challenges the judgment of the family court, amravati dated 30-12-2015 dismissing the petition filed by appellant/wife for dissolution of marriage on the ground of cruelty under section 13(1)(i-a) of the hindu marriage act, 1955. 4. facts giving rise to the appeal may be stated in brief as under :- appellant is wife of respondent (hereinafter ..... appellant shall be referred as 'wife' and respondent shall be referred as 'husband'). they got married on 11-03-2000 as per customary rites. after marriage wife went to wardha to ..... in this appeal:- 1] whether the family court could have dismissed the petition filed by wife for decree of divorce under section 13(1)(i-a) of the hindu marriage act? 2] whether wife is entitled to a decree of divorce on the ground of cruelty? 18. as indicated above wife examined herself and husband examined himself in .....
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