Court : Orissa
Reported in : 88(1999)CLT761; I(2000)DMC102
..... -husband filed a petition under sections 13(1)(ia) and 13(1)(ib) of the hindu marriage act, 1955 (in short, 'the act') for dissolution of his marriage by a decree of divorce. the case of the husband is that the parties were married according to the hindu rites and customs on 30.6.1989 and ' stayed together as husband and wife for ..... to cruelty and desertion which entitled him to a decree of divorce under sections 13(1)(ia) and 13(1)(ib) of the act.3. in her written statement, the appellant-wife while admitting the marriage, denied the allegations made against her by the husband. it is her case that she lived with the plaintiff (respondent herein) for ..... any authority. the suggestion that the misunderstanding did not arise in october, 1991 and that it started after she left the matrimonial home after few days of her marriage, is denied. the suggestions that the husband has never visited her at kendrapara after 1989 and that there has been no resumption of conjugal relationship after she left .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1996P& H175; I(1997)DMC5; (1996)113PLR219
..... decree of divorce granted by the additional district judge, ludhiana, by judgment dated february 5, 1993, on the ground of cruelty under section 13(1)(i-a) of the hindu marriage act, 1955.2. admittedly, the parties were married on march 12, 1981. the appellant gave birth to one son and one daughter in this wedlock. the children are with the respondent ..... contained in his petition filed under section 13 of the act. in a plethora of decisions of this court smt. swarno devi v. piara ram, 1975 hindu lr 15; gurdev kaur v. dalip singh, 1980 hindu lr 240; smt. surinder kaur v. baldev singh, 1980 hindu lr 514; sheela devi v. madan lal, 1981 hindu lr 126 and sumarti devi v. jai parkash, 1985 ..... (1) hindu lr 84, it is held that when the husband fails to pay maintenance and litigation expenses to the wife, his defence is to be struck out. the consequence is that the appeal is to be allowed and his petition under section 13 of the act is to be dismissed.8. accordingly, the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : I(2005)DMC453; (2004)137PLR860
..... santesh kumari as respondent no. 1, and one subhash as respondent no. 2 seeking a decree for declaring the marriage between them as a nullity. in the said petition, it was alleged by ..... seeking the declaration about the marriage between the parties as a nullity was allowed and the marriage was declared null and void.2. the facts in brief are that harish kumar husband had filed a petition under section 11 read with section 5(i) of the hindu marriage act, 1955 (hereinafter to be referred as the 'act') against his wife smt. ..... could not be declared as nullity. it has been submitted that there was not proof on the record to show that any marriage between smt. santosh kumari and subhash had taken place according to hindu law or otherwise nor there is any evidence to show that any religious ceremony was preformed in this regard. it has further .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : I(1994)DMC256
..... mandal divorced wife of kiran mandal has moved this application under section 25(2) of the hindu marriage act, 1955 (for short, the act) for modification of the judgment dated march 10, 1989 passed in l.p.a. no. 856 of 1985.2. the facts :--the marriage of kiran mandal with smt. mohini mandal (hereinafter the applicant) was dissolved by a decree ..... police/crime (women cell) and shri kiran mandal paid a sum of rs. 2,00,000/- in satisfaction of the applicant's claim whatsoever arising out of the marriage, which stood dissolved under the decree of the court, viz., dowry articles, istridhan, etc.5. the applicant has now moved this application for enhancing the amount ..... he was not aware of the fact that all disputes relating to permanent alimony, istridhan and with respect to any property presented at or about the time of marriage which belonged jointly to husband and wife has to be adjudicated upon the matrimonial court. if the applicant had any grouse that the articles of dowry, istridhan, etc .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : I(1998)DMC307
..... be available in respect thereof. there is a patent fallacy in this contention inasmuch as, the provisions of the code of civil procedure, in the hindu marriage act, 1955, are there merely to regular the proceedings therein and not as substantive law separate and distinct from it.' in the case of surendra kumar asthana v ..... of the code of civil procedure can be termed or construed as proceedings, within the meaning of the expression 'in any proceedings under this act' appearing in section 24 of the hindu marriage act, is the short question that falls for consideration in this civil revision.2. it may be appropriate to refer to the necessary facts giving ..... petitioner bhupinder kumar was married to angoori devi on 12,12.1994 as per hindu rites. on 18.4.1995, bhupinder kumar, petitioner filed a petition under section 12 of the hindu marriage act (hereinafter referred as the 'act') praying for a decree for annulment of marriage. the grounds for such prayer were that the petitioner came to know on .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : I(1990)DMC68
..... chand mital, j.1. smt. amarjit filed a petition on 5-11-1986 under sections 12 and 13 of the hindu marriage act, 1955, (hereinafter referred to as 'the act'), for dissolution of her marriage with sunder lal on the ground that after marriage they lived together for five days and yet he was not able to have sexual intercourse with her on account of impotency ..... of more dowry. we have her statement as pw 1 recorded on 6th april, 1987. according of this statement she lived with her husband for five days after marriage and during that period the husband was not able to have sexual intercourse with her. both had access to each other and failed to have sexual intercourse can only ..... the court below, the petition filed by the wife under sections 12 and 13 of the act is allowed and the marriage is annuled under section 12 of the act on the ground of impotency and the divorce is granted under section 13 of the act on the ground of cruelty. since the husband has not put in appearance, there will be .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : I(1990)DMC292
..... an order of the district judge declining the interim maintenance to the petitioner under section 24 of hindu marriage act, 1955 (for short 'the act').2. the short facts are that the respondent filed a petition under section 13 of the act claiming divorce from the petitioner on the ground of desertion. the petitioner appeared and claimed maintenance of ..... grant of maintenance pendente lite to any of the parties to a proceeding under the act is that the applicant has no independent income sufficient for his or her support. if ..... surjit kaur v. tirath singh, 1978 (1) marriage law journal 47 and smt. mohinder kaur v. vakil chand, 1982 (v) marriage law journal 188.5. in surjit kaur's case (supra) it has been observed :'a plain reading of the provision of section 24 of the hindu marriage act, 1955, shows that the only condition precedent for the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1982SC1276; 1982(1)SCALE608; (1982)2SCC544; [1983]1SCR49
..... of the minor. mr. desai in this connection has referred to section 49 of the parsi marriage and divorce act, 1937, section 41 and 42 of the indian divorce act, 1969, section 26 of the hindu marriage act, 1955 and section 38 of the special marriage act, 1954 containing similar provisions and he has strongly relied on the decision of this court in rosi ..... the minor. in support of this argument, mr. bhandare has referred to section 49 of the parsi marriage and divorce act, 1936, sections 7 to 17 of the guardians and wards act, 1890 and also section 26 of the hindu marriage act, 1955. mr. bhandare has strongly urged upon us to send for the minor and to talk to her either ..... just and proper with respect to the custody, maintenance and education of the children under the age of 16 years in a case falling under the parsi marriage and divorce act, 1936. this section does not speak anything about a judge interviewing a minor before passing any order in the matter of custody, maintenance and education .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1995SC851; 1995(43)BLJR403; I(1995)DMC231SC; JT1995(1)SC362; 1995(1)SCALE177; (1995)2SCC7; [1995]1SCR212; 1995(1)LC434(SC)
..... both mental and physical which could entitle an applicant to claim divorce under section 13(1)(i-a) of the hindu marriage act, 1955. in chanderkala trivedi (smt.) v. dr. s.p. trivedi : (1993)4scc232 it was held that if a marriage was dead and there was no chance of its being retrieved it was better to bring it to an end. ..... of his wife.4. considering the facts and circumstances of this case we, in exercise of power under article 142 of the constitution of india, direct that the marriage between appellant and the respondent shall stand dissolved subject to the appellant transferring the house in the name of his wife. the house shall be transferred within four months ..... has not been dutiful and conscious of his responsibilities either towards his wife or his son. he did not contribute anything towards upbringing of the child. yet the marriage being dead, the continuance of it would be cruelty, specially when the child born out of the wedlock of the appellant and the respondent as far back as .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1995Supp(3)SCC522
kuldip singh and; b.l. hansaria, jj.1. this appeal by the wife is sequel to a divorce petition under section 13(1)(ia) of the hindu marriage act, 1955 (the act) filed by the husband on the ground of mental cruelty. the trial court dismissed the petition. the first appellate court reversed the findings of the trial court and granted the ..... divorce on the ground of mental cruelty. letters patent appeal was dismissed by the division bench of the high court.2. the marriage between the parties took place in january 1976 .....
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