Judgment Search Results Home > Cases Phrase: hindu marriage act 1955 chapter 1 preliminary Page 84 of about 93,791 results (0.328 seconds)

Jairam Somaji More Vs. Sindhubai and ors.

Court : Mumbai

Reported in : I(2001)DMC407

..... which is applicable to the parties. once the parties are married, the same cannot be dissolved except by decree of divorce passed under the provisions of the hindu marriage act, 1955. the said act also provides for divorce by mutual consent under section 13-b. the reliance on behalf of the husband on the alleged deed of divorce (exh. 22) will not be of ..... any help to the petitioner. after the coming into force of the hindu marriage act, 1955 the parties to whom the said act is applicable are governed by the provisions of the said act. by section 4 any custom or usage prevalent or in force immediately before the commencement of that .....

Omana and ors. Vs. Sanalkumari and anr.

Court : Kerala

Reported in : I(2006)DMC458

..... that annexure a-1 complaint does not show that the alleged second marriage was declared void by any court of law. counsel also invited the attention of this court to sections 5 and 11 of the hindu marriage act, 1955 which states the circumstances under which a marriage can be declared void.5. to attract an offence punishable under ..... section 494, i.p.c., it should be proved that the alleged second marriage had taken place during the subsistence of the first marriage. section 494, i.p.c. ..... liable to fine.6. a reading of the above section would clearly indicate that a second marriage conducted during the subsistence of the first marriage is void. even though the provisions of the hindu marriage act contemplate the circumstances under which a marriage can be declared void by a court of law, the provisions of section 494, i.p .....

Ratan Malla Vs. Smt. Sefali Malla

Court : Guwahati

..... on behalf of the petitioner, mr. m. kar bhowmik, learned senior counsel for the respondent, has vehemently argued that in the instant case which is governed by the hindu marriage act, 1955 (for short 'the act'), the provisions of the limitation act, 1963 (hereinafter referred to as the limitation act') do not apply. thus the question of condonation of any delay under section 5 of the limitation ..... from the period prescribed by the schedule, the provisions of section 3 will apply. in the hindu marriage act, the period of appeal is prescribed. in the schedule under the limitation act, there is no provision providing for an appeal under the hindu marriage act. thus the limitation prescribed under the hindu marriage act is different and is not prescribed in the schedule. thus the provisions of section 3 shall .....

ila VipIn Pandya Vs. Smita Ambalal Patel

Court : Mumbai

Reported in : 2000(3)BomCR428

..... if there was an agreement between the parties to get a divorce there is a provisions for obtaining a divorce by mutual consent under section 13-b of the hindu marriage act, 1955. but this was not a divorce by mutual consent. having obtained this divorce, the learned counsel has been at pains to point out, in affidavit after affidavits ..... the right of succession vested in her 'immediately on the death of the owner of the property'. by virtue of the statutory right conferred under section 14 of the hindu succession act, 1956, the petitioner holds the property as full owner. there is no dispute whatsoever with this proposition of law but it has already been observed by upasani, ..... has stated that she is the widow of the deceased who died intestate. she claims to be the sole surviving legal heir of the deceased according to the hindu succession act, 1956. thus, she claims to be entitled to all the estate of the deceased which is mentioned in schedule-i to the petition. in schedule-ii, .....

Bindiya A. Chawla and ors. Vs. Ajay Lajpatrai Chawla and ors.

Court : Mumbai

Reported in : 2009(5)BomCR486

..... be gathered from the legal provisions granting territorial jurisdiction to court in case of matrimonial disputes - to cite - under section 19 of the hindu marriage act, 1955 the court to which a petition under the act could be presented was, inter alia, the court in which the parties last resided together. that precept takes into consideration what is referred to ..... as the matrimonial home of the parties to the marriage.12. section 17 of the said act deals with the said concept. it runs thus:17) right to reside in a shared household -(1) notwithstanding anything contained in any other law ..... (the said act).10. the plaintiffs must therefore show that the suit flat is the matrimonial home of the plaintiff no. 1 and defendant no. 1. paragraph 1 and 2 of the plaint show that after marriage in november 1991 plaintiff no. 1 and defendant no. 1 started residing in the usa from 1991 itself. they .....

Swapan Kumar Bandopadhyay Vs. Sail Through Its Unit Bokaro Steel City ...

Court : Jharkhand

Reported in : AIR2006Jhar19; [2006(1)JCR1(Jhr)]

..... appellant praying for a decree of divorce. the 2nd respondent-meena devi (wife) appeared in the said case and filed an application under section 24 of the hindu marriage act, 1955, claiming maintenance pendente lite. the learned principal judge, family court, dhanbad on hearing the parties, vide impugned order dated 9th july, 2003 allowed the petition and ..... of the constitution of india against the order dated 9th july, 2002 passed by the learned principal judge, family court, dhanbad under section 24 of the hindu marriage act, 1955. learned single judge, however, exercising supervisory power under article 227 of the constitution of india, declined to interfere with the order.7. it is a ..... -husband to bring all the relevant facts to the notice of the trial court at the time of hearing of the petition under section 24 of the hindu marriage act.the special leave petition is dismissed with the aforesaid observations.9. in the instant case of 'doman mahato' the order dated 9th july, 2003 passed .....

B. Srinivasulu @ Srinivasachari Vs. Mrs. Veena Kumari @ Lathasree

Court : Andhra Pradesh

Reported in : AIR2008AP20; 2007(5)ALD606; 2007(5)ALT382; I(2008)DMC66

..... however, forced the husband to file the o.p., seeking divorce on account of the desertion and cruelty, as contemplated under section 13(1)(ib) of the hindu marriage act, 1955 (for brevity 'the act').11. it is settled law that the burden of proving the desertion and cruelty lies heavily upon the person who makes the allegation. therefore, in the present, it ..... husband, inspite of he coming out of his family and preparing to lead an independent family life with his wife, is at the lowest ebb.24. furthermore, the marriage has been performed and consummated on 24-4-1994 the spouses hardly lived together for 11 months. after that, there was no need to meet. however, as per ..... litigation had its genesis from o.p. no. 8 of 1999 filed by the husband for divorce.9. the facts, which are not in dispute, are that the marriage between the spouses had consummated and subsequently the wife suspected the character of the husband. it appears, it is the specific grievance of the wife that her husband was .....

Ved Kumari Vs. Ramesh Chander @ Subhash

Court : Punjab and Haryana

Reported in : I(1993)DMC599

..... is against the judgment and decree dated 31.8.1987 passed by the learned additional district judge, bhiwani, allowing a petition under section 9 of the hindu marriage act, 1955 (hereinafter referred to as 'the act') for restitution of conjugal rights filed by the respondent-husband.2. the parties during the pendency of this appeal have now filed c.m. no. ..... 7889--cii of 1991 praying that their marriage be dissolved by a decree of divorce by mutual consent under section 13b of the act. the statements of the parties have been recorded separately and both of them have stated that the ..... marriage between the parties be dissolved by a decree of divorce by mutual consent as they had not been able to live together as husband and .....

Shilpa Shashikant Bugde Vs. Shashikant Vishnupant Bugde

Court : Mumbai

Reported in : 2003(1)ALLMR1156; 2003(4)BomCR764

..... against the judgment and decree passed by the family court, pune in petition a no. 656 of 1999 dated 28-10-2001, dissolving marriage under section 13 of the hindu marriage act, 1955. the appellant herein (husband) had filed the petition for divorce against the respondent (wife) on the allegation that she practised cruelty and deserted ..... him and that the marriage has irretrievably broken down for a period of 21 years.3. on being noticed, the respondent appeared and filed her ..... wife) has deserted the husband for continuous period of 2 years before presenting the petition for divorce. the court below also recorded a finding that the marriage between the parties has irretrievably broken down. the family court was pleased to grant divorce for the reasons recorded in its judgment on the ground of .....

Joginder Kaur Vs. Surjit Singh

Court : Punjab and Haryana

Reported in : AIR1985P& H128

..... kind and to such an extent that the trial court could justifiably grant a decree for divorce against her in terms of s. 13(1)(iii) of the hindu marriage act, 1955 (for short, the act), is the solitary question that arises for decision in this appeal. apparently this sub-clause has four elements--(i) the party concerned must be of unsound mind ..... or him. the case set up by the respondent husband in his petition under s.13 of the act is as follows:--parties were married at jallundur on december 3, 1978 according to sikh rites and an off-shoot of the marriage is a son born on april 3, 1980, now admittedly in the custody of the appellant. the ..... statement of a party can be treated and acted upon as an 'admission' it has essentially to be clear, categorical and unambiguous. though the learned trial judge has recorded in paragraph 16 of the judgment under appeal that as per this recorded statement the appellant has admitted that 'even before her marriage, she suffered from mental disorder and had .....