Court : Chennai
Reported in : I(1997)DMC415
..... 2.000/- for litigation expenses.2. the respondent herein filed h.m.o.p. no. 19 of 1995 for divorce under section 13(1) of the hindu marriage act, 1955. pending final disposal of the main o.p., the respondent herein filed i.a. no. 114 of 1995 claiming interim maintenance for herself and for her daughter ..... the rival submissions of the legal aspect of the matter, it is beneficial to look into the two important provisions of the hindu marriage act, 1955 with which we are presently concerned in this lis. section 24 of the hindu marriage act reads thus :'chapter 19 section 24. maintenance pendente lite and expenses of proceedings-where in any proceeding under this ..... by mr. n. vanchinathan, learned counsel for the petitioner, that the award of maintenance pendente lite to the daughter is contrary to the provisions of the hindu marriage act and therefore, the order of the subordinate court is vitiated by material irregular) ties in the exercise of its jurisdiction. he denied the allegation that the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2005Bom62; 2004(4)ALLMR839; 2005(1)BomCR591; 2004(4)MhLj1052
..... allowed to take such benefit and this circumstance may be taken into consideration. relevant portion ofsection 25 of the hindu marriage act, 1955 is as follows :-section 25.- permanent alimony and maintenance - (1) any court exercising jurisdiction under this act may, at the time of passing any decree or at any time subsequent thereto, on application made to it ..... passed in misc. application no. 60 of 2000 on 5-8-2000 by the family court, bandra in an application preferred undersections 27 and 25 of the hindu marriage act, inter alia, making prayer that the stridhan of the applicant be returned and also permanent alimony be granted. the said application was partly allowed by the family ..... of part rejection of the application, this appeal has been preferred.2. the applicant was married with the opponent on 21-5-1995 according to hindu laws. the said marriage has been annulled by a-decree of nullity dated 16-3-1996 on a ground that the applicant-wife was suffering from epilepsy at the time .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(2)BomCR436; II(2002)DMC89
..... judicial magistrate. f.c. jullander, however, refused to recognise that decree observing that the husband had not permanently settled in nevada and the marriage could be dissolved only under the hindu marriage act, 1955. in this view of the matter the magistrate passed an order of maintenance in favour of the wife, which was also confirmed by the ..... of competent jurisdiction and it is conclusive and binding. consequently, the subsequent marriage of deceased indrasen with plaintiff no. 2 chandra solemnized on 30-8-1964 as per hindu vedic rites is perfectly legal and valid under section 5 of the hindu marriage act, 1955. plaintiff no. 1 shiv who was born on 13-11-1967 out ..... plaintiff no. 2 claims to have married the deceased. (vii) that the marriage between the deceased and plaintiff no. 2 being in contravention of the provisions of section 5 of the hindu marriage act, 1955 is null and void under section 11 of that act, and consequently she has no right to claim anything in the huf properties .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1984SC1562; 1984(2)SCALE118; (1984)4SCC90; [1985]1SCR303; 1985(17)LC146(SC)
..... father on 6th august, 1977. on 17th october, 1977, the wife-appellant filed a suit against the husband/respondent herein under section 9 of the hindu marriage act, 1955 hereinafter refereed to as the said act for restitution of conjugal rights. 2. in view of the argument now sought to be advanced it is necessary to refer to the said petition. in ..... of the concept of conjugal rights can be viewed in the light of law commission-71st report on the hindu marriage act, 1955-'irretrievable breakdown of marriage as a ground of divorce, para 6.5 where it is stated thus :moreover, the essence of marriage is a sharing of common life, a sharing of all the happiness that life has to offer and ..... sabyasachi mukharji, j.1. the parties herein were married at jullundur city according to hindu vedic rites on or about 24th january, 1975. the first daughter of the marriage menka was born on 4th january, 1976. on 28th february, 1977 second daughter guddi was born. it is alleged that 16th may, 1977 was the last .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1974SC165; (1974)1SCC58; [1974]2SCR97; 1973(5)LC903(SC)
..... besides, it is to be remembered that sulphone drugs were discovered about 1941 and they were very well-known all over the world at the time when the hindu marriage act, 1955 was passed. the legislators must be presumed to have known the effect of sulphones on leprosy. if it be true that sulphone drugs have made leprosy of all ..... in connection with a petition filed by respondent dr. g.g. padma rao against the appellant swarajya lakshmi under section 13(1)(iv) of the hindu marriage act, 1955 for the dissolution of the marriage between them by a decree of divorce on the ground that the appellant had for a period of not less than three years immediately preceding the ..... and affluence of the father-in-law is one which, even if its be true, has nothing to do with the question whether divorce should be given under the hindu marriage act. likewise, the suggestions: made on behalf of the appellant that the respondent had been attempting to extort money from her father, also have no bearing on the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2003(3)AWC2288(SC); 2003(51)BLJR682; (SCSuppl)2003(2)CHN116; I(2003)DMC1SC; JT2002(10)SC571; 2003(1)KLT348(SC); (2003)1SCC730; [2002]SUPP5SCR689; 2003(1)LC215(SC)
..... the children of sahadeo through smt. jinia keotin were held not entitled to any share in the coparcenary property in terms of section 16(3) of the hindu marriage act, 1955, though they may claim t be entitled to their due share in the property of their parents. during the pendency of the said appeal, the sahadeo ..... coparcenary property. it was also contended by the learned counsel that inasmuch as but fro the hindu marriage act, 1955 there was no prohibition for an hindu to have more than one wife and it is by virtue of the said act such marriages became unlawful or void, once the legislature by amendment of section 16 chosen to legitimatize the ..... was void for the reason that his first wife, smt. kamli devi, was alive and the first marriage still subsisting. the second marriage - remarriage, of 1st defendant with the 8th defendant after the coming into force of the hindu marriage act, 1955 cannot be valid. the learned 2nd additional subordinate judge, dumka, passed a preliminary decree on 27. .....
Tag this Judgment!Court : Mumbai
Reported in : 1998(3)ALLMR579; 1998(5)BomCR360; I(1999)DMC434
..... petition no. a-503 of 1993. the petition was filed by sou. lalita jawahar shah against her husband shri jawahar ramanlal shah under section 9 of the hindu marriage act, 1955, for restitution of conjugal rights. the husband jawahar ramanlal shah prayed for divorce by filing a counter claim on the ground of cruelty and desertion. by the ..... of which the petition came to be filed are as under :(a) admittedly the marriage between lalita shah and jawahar shah took place on 29th april, 1980, according to hindu vedic rites. it is the case of the petitioner that after the marriage she started residing with the respondent at lonand. the couple has two children, a ..... proper orders.' by amendment he deleted the above prayer (a) and substituted the following prayer (a) in its place :'(a) it may be decreed that the marriage between the petitioner and respondent which had taken place on 29-4-1980, stands dissolved.' (b) the petitioner filed her additional written statement and denied the counter claim .....
Tag this Judgment!Court : Mumbai
Reported in : 1996(3)BomCR606; II(1997)DMC33
..... prescribed manner. therefore, the question involved in the present case is whether the alleged divorce between the wife and the husband is valid under the provisions of the hindu marriage act, 1955. such a question did not arise for consideration in the above decision. hence in my view the said decision cannot be applied to the facts of the present ..... question since the husband had a first wife living. it was observed by the high court that for granting interim maintenance under section 24 of the hindu marriage act, the validity of the marriage need not be considered. hence in my view, the said decision has no application to a case where we are concerned with the final order of ..... behalf of the wife. there has been no decree of divorce between the wife and the first husband as provided in the hindu marriage act. section 13 of the act provides as to how a party to a marriage can get a decree for divorce. it mentions certain grounds on which alone a husband or wife can approach the court and .....
Tag this Judgment!Court : Delhi
Reported in : AIR2008Delhi7; 148(2008)DLT522; I(2008)DMC529
..... brought to define hindu wife. section 4 clearly gives overriding effect to this act.this act was brought into force in the year 1956. as on that date hindu marriage act, 1955 was already in force, which contains provision like section 5 regarding void marriages. if 'second wife', though her marriage is void under the hindu marriage act, was to be ..... denied maintenance, then the legislature would not have included provision like clause (d) in sub-section (2) of section 18 of the act or ..... replier on pari materia principle, though strictly the decree is not passed having reference to section 11 of the hindu marriage act. the right recognised by section 25 of the hindu marriage act can clearly be worked out in any civil proceeding subject to consideration of facts and circumstances so as to meet .....
Tag this Judgment!Court : Chennai
Reported in : 1999(3)CTC136; I(2000)DMC172
..... at the time of admission of the second appeal reads as under: 'whether the courts below have properly appreciated and applied the principles under section 16(3) of the hindu marriage act, 1955, as amended by act 68 of 1976, to the facts of the present case.'11. the apex court has remitted the matter only to answer this question. as stated already, the defendants ..... parents.'sub-section (1) begins with the non-obstante clause by stating 'notwithstanding that a marriage is null and void under section 11...'. section 11 of the said act deals with the void marriages. as per this provision, any marriage solemnised after the commencement of the hindu marriage act, 1955 (act 25 of 1955) shall be null and void an may, on a petition presented by either party thereto, against .....
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