Court : Supreme Court of India
Reported in : AIR1965SC364; (1964)66BOMLR681; 1965MhLJ365(SC); [1964]7SCR267
..... divorce instituted by the appellant on april 18, 1956 in the city civil court of bombay against his wife, the respondent under s. 12(1)(d) of the hindu marriage act, 1955. the petition was decreed by the city civil court, but on appeal, the high court dismissed it. 297. certain broad facts which are not in dispute are ..... court, arises out of a petition praying for the annulment of the petitioner-appellant's marriage with the respondent, under s. 12 of the hindu marriage act, 1955 (act xxv of 1955), hereinafter called the act, on the ground that the respondent was, at the time of marriage, pregnant by some person other than the petitioner. 2. the facts leading to the ..... the respondent, was dismissed by the baroda court on the ground of want of jurisdiction. the hindu marriage act, 1955 came into force on may 18, 1955. under this act, it was competent to a person, though married prior to the commencement of the act, to apply for divorce upon certain grounds including those set out in s. 12(1)(d .....
Tag this Judgment!Court : Supreme Court of India
Reported in : I(1991)DMC449SC; 1991(1)SCALE103; (1991)1SCC582; [1991]1SCR193a; 1991(1)LC711(SC)
sharma, j.1. the question for decision in this appeal by special leave is whether a petition under section 11 of the hindu marriage act, 1955, for declaring the marriage of the petitioner as nullity is maintainable after the death of the petitioner's spouse.2. the appellant no. 1, hereinafter referred to as the ..... is denied by the appellant. the proceedings are still pending. in this background the respondent no. 1 filed the present application under section 11 of the hindu marriage act for declaring her marriage as nullity. the maharaja's mother was impleaded as the sole respondent. when the appellants learnt about the case, they intervened and were joined as parties ..... , observed thus:we ought, however, to point out that in such a case, the proper remedy is a suit under the specific relief act. a petition under section 11 of the hindu marriage act cannot be appropriate, because the other spouse is an essential party to any such petition. this should be clarified by an amendment.it has .....
Tag this Judgment!Court : Chennai
Reported in : AIR1990Mad110; I(1990)DMC547
..... respondents also claimed that even on the footing that respondents 1 and 2 are illegitimate children born to the third respondent, by virtue of the amended s. 16 of the hindu marriage act, 1955, they should be regarded as legitimate children so that the first respondent is entitled to his legitimate share in the suit properties and the first appellant is bound to maintain ..... treated as having continued at the time of the enacting of the hindu marriage act, 1955. under s. 11 of the hindu marriage act, a marriage like the one between the first appellant and the third respondent is also void. under s. 16(1) of the hindu marriage act, 1955, after the amendment in 1976, the off-spring of a void marriage, who had been till then regarded as illegitimate, is declared to .....
Tag this Judgment!Court : Mumbai
Reported in : 1996(1)BomCR502; II(1994)DMC25
..... the context of changed social values of our modern lives. therefore, once the principle of divorce and the principle of judicial separation have been incorporated in hindu marriage act, 1955 and by amendment of 1976, some provisions have been liberalised not to allow the agonies of the unhappy couple to prolong the litigation for years together, ..... -bound citizen who always craves for the welfare society, as also duty being imposed under section 23(2) of the hindu marriage act, 1955, and with a view that an indulgence or guidance may save the marriage, before proceeding with hearing, i asked the learned counsel for the parties to make every endeavour to bring about a ..... as to meet the challenges of the changing requirements on different stages. hindu marriage act, 1955 (act. no. 25 of 1955), which is one part of codification of personal law, became law on 18th may, 1955. by the act no. 68 of 1976, various amendments were effected to the act including section 23-a and section 13(1)(i-a)(i-b .....
Tag this Judgment!Court : Rajasthan
Reported in : I(1999)DMC121; 1998(2)WLC12; 1997(2)WLN646
..... of relief in his favour.8. there is no dispute that the parties are hindus by religion and the hindu marriage act, 1955, as amended from time to time, is applicable to them, which codifies the law relating to marriage amongst hindus. section 9 provides passing of a decree of restitution of conjugal rights in favour of the husband ..... santosh has filed this appeal under section 28 of the hindu marriage act, 1955 (hereinafter to be referred to as the act) being aggrieved by the judgment and decree of divorce, dated april 29, 1997 passed by the learned district judge, jalore, under section 13(1-a) of the act on the ground of non-compliance of the decree of ..... grounds specified in sub-section (1) of section 13. section 13 then deals , with passing of a decree of divorce by dissolution of marriage on the grounds enumerated in the section. by the hindu marriage (amendment) act, 1964, clauses (viii) and (ix) of sub-section (1) of section 13 were substituted by sub-section (1-a). the distinctions .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(111)BomLR3535
..... between the parties and therefore, petition no. a-978 of 2002 was moved by the husband to seek a decree of restitution of conjugal rights under section 9 of the hindu marriage act, 1955. the said petition was opposed by the wife. the following issues were framed by the family court and answered accordingly in the impugned judgment:issues findings1) does the petitioner proves ..... as ancillary or incidental to such affectation or disruption. the wifes claim to maintenance necessarily has then to be agitated under the hindu adoptions and maintenance act, 1956 which is a legislative measure later in point of time than the hindu marriage act, 1955, though part of the same socio-legal scheme revolutionizing the law applicable to hindus.11. in the case b.p. achala anand .....
Tag this Judgment!Court : Karnataka
Reported in : I(2004)DMC398; ILR2004KAR512; 2003(6)KarLJ323
..... ordering return of the appeal. the appellant has also contended that the decision in pise is no longer good law in view of amendment to section 28 of the hindu marriage act, 1955 by act 60 of 1968.3. the learned single judge before whom the appeal came up for hearing, was of the view that mallappa's case, laid down the correct ..... consideration is whether an appeal from an order/decree of the civil judge, senior division, in a proceedings under sections 9, 10, 11, 12 and 13 of the hindu marriage act, 1955, lies to the high court or the district court.4. to decide the said question, a brief reference to the relevant provision of law is necessary.4.1 section ..... the relevant enactments, the conflict between them is of no relevance to decide the matter with reference to section 28 read with section 3(b) of hindu marriage act, 1955 and section 19 of the karnataka civil courts act, 1964. hence, we find no need to refer any point of law to a full bench.14. we, therefore, dismiss this appeal filed .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1988SC839; JT1988(1)SC39; (1988)93PLR629; 1988(1)SCALE398; (1988)2SCC90; [1988]2SCR1098; 1988(1)LC491(SC)
..... by which alone both the parties to the decree of divorce can be released from their incapacity to contract a fresh marriage. the law commission in its 59th report on hindu marriage act, 1955 and special marriage act, 1954 however suggested the deletion of the proviso to section 15 which laid down that it shall not be lawful for ..... j.1. in this special leave petition by the wife against the decree for dissolution of marriage granted by additional district judge, patiala dated 29th march, 1986 on the ground of cruelty under section 13(ia) of the hindu marriage act, 1955, against which the petitioner-wife had preferred an appeal to the punjab and haryana high court and ..... the respective parties to marry again unless at the date of such marriage at least one year has elapsed from the date of .....
Tag this Judgment!Court : Delhi
Reported in : AIR1983Delhi351; 23(1983)DLT434; ILR1984Delhi201
..... 'the act'). he sought dissolution of the above mentioned hindu marriage on the ground of cruelty.4. in the said petition, the petitioner indicated his name as vilayat raj alias vilayat khan son of krishan ..... parties were both hindus at the time. the marriage took place in delhi and was solemnized in accordance with hindu rites and ceremonies. on 15th september, 1980, a child was born of this marriage. subsequently, the parties spearated.3. thereafter, on 1st october, 1981, the petitioner filed a petition under section 13(1)(ia) of the hindu marriage act, 1955 (to be referred to in short as .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1994Raj167; II(1994)DMC162; 1994(1)WLN61
..... order to snatch dowry in high handed manner the respondent no. 2 tried to avoid the petitioner and ultimately filed a petition for divorceunder section 13 of the hindu marriage act, (1955) before the principal judge, family court, lucknow. the petitioner was served a summon without any copy of the petition and when the petitioner appeared in person on ..... court isa pure question of law or is a mixed questionof fact and law.7. section 19 of the hindu marriage act, (1955) deals with the court to which petition shall be filed. it says that every petition under this act shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction (i) the ..... the petition resides, or (iii) the parties to the marriage last resided together or (iv) the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is. at that time, residing outside the territories to which this act extends, or has not been heard of as being alive .....
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