Court : Karnataka
Reported in : AIR1988Kant162; ILR1988KAR142; 1988(1)KarLJ30
..... place on 22-2-1981. an application was made before the court of the city civil judge, bangalore on 7-8-1985 under section 13b of the hindu marriage act, 1955 (the act' for short). it was registered as m.c. no. 210/85. no steps were taken by both the parties for the disposal of the petition which ..... question open.13. in the result, we answer the question set out first as follows:'the court, before which a petition under section 13-b of the hindu marriage act 1955,seeking divorce by consent. is presented, cannot proceed to consider the petition on merits, after the expiry of six months from the date of presentation, if one ..... rama jois, j.1. in this miscellaneous appeal, arising under the provisions of the hindu marriage act, 1955, the following question of law arises for consideration :whether the court before which a petition under section 13b of the hindu marriage act 1955 seeking decree of divorce by consent is presented can proceed to consider the petition on merits, after the expiry of .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2002Kant347; 2002(5)KarLJ67
..... in the suit?2. as to whether the trial court has understood the scope and extent of applicability of the provisions of section 7 of the hindu marriage act, 1955 to the facts of the present case? and3. as to whether the trial court has examined the evidence on record in the proper perspective?'16. section ..... 7 of the hindu marriage act, 1955 (hereinafter referred to as 'the act', for short), recognises the customary rites and ceremonies of the parties for valid solemnization of a hindu marriage. it does not necessarily mean that in all hindu marriages it is only the taking of seven steps by the couple ..... plaintiff and it is discharged only when the plaintiff proves that her marriage with deceased somanath tarapur was performed in accordance with the provisions of section 7(1) of the hindu marriage act, 1955, i.e., as to whether the plaintiff has proved that her marriage was duly solemnized with the deceased somanath tarapur with customary rites .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1998(2)ALD25; 1998(1)ALT652; II(1998)DMC45
orderb. subashan reddy, j. 1. in this writ petition, the constitutional validity of clause (a) of explanation to section 7(1) of the family courts act, 1984 relating to causes under section 12(1)(c) of hindu marriage act, 1955 is challenged as violative of articles 14 and 21 of indian constitution.2. we will mention some facts leading to filing of this writ petition. petitioner ..... entitled to impose upon the other party to bear the reasonable costs of such legal practitioner. in this regard, the family court shall follow the concept of section 24 of hindu marriage act, 1955.14. in view of what is stated supra :(1) we uphold the constitutional vires of clause (a) of explanation to section 7 of family courts .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2005All379; 2006(1)AWC346; II(2005)DMC810
..... petition no. 161 of 2003 rejecting the application of the appellant husband filed under section 26 of the hindu marriage act, 1955 claiming custody of the minor female child and allowing the application of the respondent wife filed under section 27 of the said act for refund of a sum of rs.96,000/- in lieu of the cash, gift and other ..... case set up in the petition was that parties were hindu and were married according to hindu customs and rites on 29.4.1996. on the ..... items given in the marriage.2. the facts are that a petition under section 9 of the hindu marriage act, 1955 (for short 'the act') was filed by the appellant husband seeking divorce. the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2006(2)MPHT102; 2006(1)MPLJ600
..... the case of bakul bai v. gangaram reported in 1988(1) mpwn short note 83, it has been reiterated that-the marriage of hindu women with a hindu male with a living spouse performed after coming in force of the hindu marriage act, 1955, is null and void and the woman is not entitled to maintenance under section 125 of the code.11. recency also ..... has been held that non-applicant was having a living spouse and, therefore, on the date of alleged marriage wife of non-applicant was already alive, therefore, no marriage could be solemnized between applicant and non-applicant as per the provisions of hindu marriage act, 1955. the law laid down by the hon'ble supreme court in the case of smt. yamuna bai ..... . it is the intention of the legislature which is relevant and not the attitude of the party.para 8. we, therefore, hold that the marriage of a woman in accordance with the hindu rites with a man having a living spouse is a complete nullity in the eye of law and she is not entitled to the benefit of .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : I(1996)DMC598
..... the court of chief judicial magistrate chhatarpur.8. on 16.4.1990, the respondent filed civil suit no. 114-a/90 under section 10 of the hindu marriage act, 1955 against the appellant, for judicial separation, in the court of 4th addl. district judge, jabalpur which was subsequently withdrawn by the respondent. thereafter the respondent ..... filed the instant civil suit, under section 13 of the hindu marriage act for dissolution of marriage by decree of divorce.9. the stand of the appellant/wife was that was not welcomed at her matrimonial home. she was tortured by ..... desire of her husband and matrimonial obligations defaming the husband to be impotent amounts cruelty to the husband and the second marriage deserves to be dissolved under section 13 of the hindu marriage act.18. the judgment under appeal is well considered.19. for the reasons mentioned aforesaid, i do not find any reason .....
Tag this Judgment!Court : Orissa
Reported in : AIR1963Ori27; 28(1962)CLT353
..... of the civil court to try suits for maintenance has not been affected in any manner by the hindu adoption and maintenance act (78 of 1955) which came into force on december 21, 1956, section 25 of the hindu marriage act, 1955 providing for permanent alimony and maintenance in certain cases only pertains to grant of maintenance during the pendency of ..... had no jurisdiction to try the suits after the passing of the hindu marriage act, 1955 (act xxv of 1955) -- hereinafter to be referred to as the act -- which came into force on may 18, 1955. he relies upon sections 4, 9, 10, 19, 25 and 29(3) of the act, and certain reported decisions.3. it must be made clear at ..... 814 the comment is as follows:'it is submitted that the suits for restitution of conjugal rights between hindus, whose marriage was solemnised in accordance with hindu law, pending at the date of the commencement of this act, will be within the ambit of section 9. the defence to any such suit can be those mentioned in sub .....
Tag this Judgment!Court : Orissa
Reported in : 1994(I)OLR520
..... eye of law......'at this stage, it is relevant to take note of section 17 of the hindu marriage act, 1955 (hereinafter referred to as the act') which provides that any marriage between two hindus solemnised after the commencement of the act is void, if at the date of such marriage either party had a husband or wife living and the provisions of sections 494 and 495 of ..... pw 4 stated that no invitation cards were printed on the occasion of marriage. it is the case of the appellant that her marriage with respondent was performed as per the hindu customs and rites. section 7 of the hindu marriage act, 1955 states that a hind marriage may be solemnised in accordance with the customary rites and ceremonies of either party thereto and such rites and ceremonies .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1994P& H5; I(1994)DMC469; (1994)106PLR241
..... this first appeal under section 28 of the hindu marriage act, 1955 (for short, the act) is directed against the judgment and decree of the matrimonial court at amritsar dismissing the petition filed by the appellant-wife for annulling the marriage by a decree of nullity with the respondent husband under section 12 of the act.2. the facts as pleaded in the ..... pursuaded to join the company of her husband on july 12, 1986 and during that visit also the husband could not consummate the marriage.3. the wife filed the petition under section 12 of the act in the matrimonial court at amritsar on january 24, 1987. the husband denied the allegations made by the wife in the petition. ..... petition under section 12 of the act are as follows:--the parties to the lis were married on april 20, 1986 .....
Tag this Judgment!Court : Kerala
Reported in : 2010(1)KLT50
..... scc 431, in which the apex court has upheld the claim for family pension of a child born in a second marriage, which has also been held to be a void marriage in view of section 5 of hindu marriage act, 1955. on facts there does not appear to any difference between the case of the petitioner and the case dealt with by ..... smt. pennamma, she being the unmarried daughter of the deceased has become eligible for family pension.9. the only question further is whether in the absence of a legal marriage between her parents petitioner can claim family pension. counsel for the petitioner relied on the judgment of the apex court in rameshwari devi v. state of bihar and ors. ..... before this court contending that the first wife should be given the entire family pension. this court considered the matter and by ext.p1 judgment held that since the second marriage was not legal, smt. pennamma should get full family pension. accordingly payment was made.4. while so, smt. pennamma expired on 16.07.2007 and ext. .....
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