Court : Mumbai
Reported in : AIR1984Bom239; 1984(2)BomCR26; (1983)85BOMLR600; 1984MhLJ34
..... court in gangadhar v. pundalik v. pundalilk shankar air 1960 bom 521 were quite right in coming to the conclusion that whenever in a petition under the hindu marriage act a decreeeee is passed by a court civil judge, senior division an appeal lies to the district court and when a decreeeeee is passed by the assistant judge ..... nayak : air1978ori163 , it is contended by shri divekar that the view taken by mohta, j. requires rent.6. he also contended is a case filed under the hindu marriage act no valuation is contemplated nor it is necessary. therefore, motha, j, was obviously wrong in coming to the conclusion that forum of appeal should be decided on the basis ..... view expressed by mohta, j. in the said judgment, the matter was referred to division bench.3. the respondent husband filed a petition under s. 13, hindu marriage act for a decreeeeee of divorce against the appellant wife. it was contended by the respondent-husband that she had left the matrimonial home and went to reside with her .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1962Bom33; (1961)63BOMLR717; ILR1961Bom989
..... filed by janardan who was a complainant in the trial court. he complained of an offence under section 494, indian penal code, read with section 17 of the hindu marriage act. the complainant is the father of one chandrabhaga who is a minor girl. chandrabhaga is alleged to have been married to opponent guna while she was a minor, ..... 3 in this court. opponent no. 4 laxman in this court is the father of milibai who is alleged to have contracted the second marriage with opponent guna. as many as 10 persons were impleaded as accused in the original complaint. the complaint was filed by janardan before the first class magistrate, saoner, ..... in about 1953. the complaint was that in spite of a valid marriage subsisting between chandrabhaga and guna, guna again married opponent no. 2 milibai. the marriage was alleged to have been brought about by parents of guna, one of whom i.e., father balkrishna is opponent no. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2000(2)ALD(Cri)686; 2000(3)ALLMR(SC)251; 2000(1)ALT(Cri)363; 2001(1)BLJR499; 2000CriLJ2433; II(2000)DMC1SC; JT2000(5)SC617; 2000(4)SCALE176; (2000)6SCC224; 2000(2)LC1113(SC
..... , but apostasy is a ground for divorce under section 13 as also a ground for judicial separation under section 10 of the hindu marriage act. hindu law does not recognised bigamy. as we have seen above, the hindu marriage act, 1955 provides for 'monogamy'. a second marriage, during the life-time of the spouse, would be void under sections 11 and 17, besides being an offence.34. in govt ..... ties unless a decree for divorce on that ground is obtained from the court. till a decree is passed, the marriage subsists. any other marriage, during the subsistence of first marriage would constitute an offence under section 494 read with section 17 of the hindu marriage act, 1955 and the person, in spite of his conversion to some other religion, would be liable to be prosecuted for .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2003(1)AWC344(SC); (2003)2CALLT23(SC); I(2006)DMC27SC; JT2002(9)SC440; (2006)142PLR385; (2003)10SCC228; 2003(2)WLN671
..... cruelty. the said petition is still pending for trial and final disposal. pending the said petition, the appellant herein filed an application under section 24 of the hindu marriage act, 1955 claiming maintenance for a sum of rs. 3000/- per month for herself and rs. 1000/- each for minor children residing with her. there is no dispute ..... of granting interim or pendente lite maintenance and that the consideration in this regard has to be confined to the criteria specified in section 24 of the hindu marriage act, 1955. it was also pointed out that imposition of a condition which will operate as a disfeasance clause, to deprive the very maintenance order to be paid, ..... constitution of india. 7. we have carefully considered the submissions of learned counsel appearing on either side. 8. section 24 of the hindu marriage act, 1955 empowers the court in any proceeding under the act, if it appears to the court that either the wife or the husband, as the case may be, has no independent income .....
Tag this Judgment!Court : Chennai
Reported in : AIR1957Mad243
..... of the institution of the suit'. (see page 104 of d. h. chaudhari's special marriage act, 1954). 13. under the hindu marriage act, 1955, also, impotency is not a ground for divorce but a ground for nullity. section 12 states:'any marriage solemnized, whether before or after the commencement of this act, shall be voidable and may be annulled by a decree of nullity on any of ..... continued to be so until the presentation of the petition. this act has been repealed and replaced by the hindu marriage act 1955, section 12(a). the clause (h) of section 5 of act vi of 1949 is identical in language with clause (a) if section 12 of the hindu marriage act 1955. therefore no vested right has been taken away and no new right has accrued.2. the petitioner .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1958Bom12; (1957)59BOMLR536; ILR1957Bom557
..... court and this court has jurisdiction to try the suit. when the matter came before mr. justice coyajee, he took the view that in view of section 19 of the hindu marriage act, 1955, this court had no jurisdiction to try the suit and therefore he ordered that the suit should be transferred to the city civil court which according to him was the ..... this suit. the learned judge took this view because in his opinion the hindu marriage act of 1955 applied to the parties.2. now, undoubtedly, that act applies to the plaintiff and the defendant because that act applies to every hindu. under section 19 of that act the legislature has provided :'every petition under this act shall be presented to the district court within the local limits of whose .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(1)AWC275
..... love and affection.11. in our considered view, the judgment of the family court is not sustainable and is liable to be set aside.12. section 23 of the hindu marriage act, 1955 (hereinafter referred to as the act of 1955) lays down that in any proceeding under chapter v or chapter vi, whether defended or not, if the court is satisfied. section 23 of the ..... be for companionship in the evening of life. there is no such ground like mutual desertion in the hindu marriage act. the family court has given a wrong finding and committed an error of law that both the parties have deserted each other. it has been judicially doubted that there can ..... idea of mutual desertion is that it is not distinguishable easily, if at all, from divorce by a consensual separation for the statutory period.'under section 13 of the act of 1955, it is specifically laid down that either the husband or wife who has filed a petition for divorce must always specifically prove that there is desertion by presentation for .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : I(2005)DMC690; 2005(1)MPHT360; 2005(1)MPLJ356
..... also file petition in the district court within the local limits of whose jurisdiction she may be residing. the proposed amendment to sections 31 and 19 of the special marriage act, 1954 and the hindu marriage act, 1955 respectively are based on the recommendations of the law commission of india and the national commission for women.(2) the government has also decided to amend section 39 ..... of the special marriage act, 1954 and section 28 of the hindu marriage act, 1955 to provide respectively that the parties to a matrimonial suit could prefer appeal within a period of ninety days instead of thirty days. this amendment is based .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2004Bom283; 2004(1)ALLMR278; 2004(2)BomCR767; II(2004)DMC321; 2003(4)MhLj1019
..... controversy under reference arose and was referred.petition no. c-39/2001 was filed by leelabai against appellant bhausaheb for maintenance under section 25 of hindu marriage act, 1955 (hereinafter referred as hm act for the sake of brevity). the same was decided on 30-11-2002 by principal judge, family court, aurangabad, who was pleased to allow ..... by the full bench, decision in the matter of govindrao concluding that even a party to a null and void marriage under section 11 of hindu marriage act, 1955, was entitled to maintenance under section 25 of the said act, was mainly based on the wording of that section, which in its first part gave discretion to the court ..... to be artificially cut down so as to exclude from its scope a decree for nullity passed under section 11 of the act.' it was further observed :-- 'secondly, it must be remembered that hindu marriage act, 1955, is apiece of social welfare legislation. one of the admitted aims of thislegislation was to better the lot of women in .....
Tag this Judgment!Court : Gujarat
Reported in : I(1992)DMC614
j.n. bhatt, j.1. by this appeal under section 28(1) of the hindu marriage act 1955 ('act' for short hereinafter), the appellant original petitioner has challenged the judgment and decree passed in hindu marriage petition no. 3 of 1988 on 21/3/1991 by district court, valsad, navsari.2. a few relevant facts giving birth to the present appeal may, shortly, be ..... may be available to him under the law for the return of those items. no provision is indicated or pointed out at either under the provisions of hindu marriage act or any other act which would empower this court to grant such a direction or grant the relief in favour of the husband. in fact, it is nothing but polishing a ..... by the code of civil procedure, 1908 (5 of 1908).'14. the attention of this court is also invited to the provisions of section 13-b(2) of the hindu marriage act, which reads as under :'(2) on the notion of both the parties made not earlier than six months after the date of the presentation of the petition referred to .....
Tag this Judgment!