Court : Delhi
Reported in : I(2001)DMC308
..... not have filed any complaint. thereforee, that cannot be a ground for the husband to say that the wife treated him cruelly within the meaning of hindu marriage act, 1955.6. the learned counsel for the appellant mr. m.g. dhingra submitted that the learned additional district judge had not discussed the oral evidence and ..... facts and circumstances of this case the conclusion reached by the learned additional district judge that the appellant was guilty of cruelty within the meaning of hindu marriage act, 1955 is not sustainable in law. the learned counsel referred to various rulings which had been considered by the learned additional district judge. the learned counsel ..... at all consistent with the department of a daughter-in-law of the house would amount to cruelty within the meaning of section 13 of the hindu marriage act, 1955. there are certain other allegations by the husband against the appellant and the appellant-wife also had leveled certain allegations against the husband.4. it .....
Tag this Judgment!Court : Kerala
Reported in : I(2002)DMC13
..... ) to s. 3(1) of the hindu minority and guardianship act, 1956, and child legitimate or ..... to go back to the history of hindu law and find out whether person born out of the union of a hindu and non-hindu can be a hindu. the hindu succession act and the hindu adoptions and maintenance act give a very wide definition. according to explanation (b) to s. 2(1) of the hindu succession act, 1956, hindu adoptions and maintenance act, 1956 and hindu marriage act, 1955 and also according to explanation (ii .....
Tag this Judgment!Court : Rajasthan
Reported in : I(1999)DMC264
..... paid as costs of proceedings. the relationship between the parties is not a matter of dispute.2. non-petitioner has moved an application under section 13, hindu marriage act, 1955 (for short 'the act') seeking divorce in the trial court and, during the pendency of the petition, she also moved an application duly supported by an affidavit under section 24 ..... to the present petition, there is no dispute. it is undisputed fact that the parties are husband and wife who had undergone a legal marriage according to the provisions of the hindu marriage act. presently, non-petitioner is deserted and is forced to live with her parents. she maintains that she is without any means to maintain ..... parties since, out of some ulterior motive, he wants to give away his daughter non-petitioner, in second marriage by way of 'nata'to another person and the petition under section 13 of the act has been lodged with an ulterior motive. accordingly, the petitioner did not have enough means to pay amount of interim .....
Tag this Judgment!Court : Mumbai
Reported in : I(1998)DMC546
..... court at bombay, in petition no. a-994 of 1990.2. respondent-husband filed a petition for divorce under section 13(1)(ib) of the hindu marriage act, 1955, on the ground of cruelty and desertion. it was contended by the respondent-husband that he got married with the appellant-wife oil 20th december, 1985 according to ..... hindu vedic rites. after the marriage, both the appellant and the respondent resided at sion, bombay, alongwith his family consisting of his brother and father. it is the case of ..... keeping indifferent health. when he requested her to get herself examined by doctor, she refused to do so. however, the respondent-husband could not even consummate the marriage with the appellant-wife because she deliberately avoided sexual relations with him on the ground of bleeding. ultimately, in march 1986 from the report of dr. agarwal, .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2005Bom380; 2006(1)ALLMR536; 2006(2)BomCR684; II(2006)DMC40
..... (1)(i-b) of the hindu marriage act, 1955 in the case of adhyatma bhattar alwar v. adhyatma bhattar sri devi, : air2002sc88 (supra), the supreme court ..... of the law of divorce provides for ground of dissolution of marriage on complete abandonment of the conjugal domicile for a period not less than three years. this provision is pari materia to the ground provided in section 13(1)(i-b) of the hindu marriage act, 1955. in relation to the ground of desertion provided in section 13 ..... and the courts below have recorded a finding to the same effect. in such circumstances, in our view, the provisions contained under section 23 of the hindu marriage act would be attracted and the appellant would not be allowed to take advantage of his own wrong. let the things be not misunderstood nor any permissiveness under .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : II(1995)DMC581; 1996MPLJ29
..... period. they were unable to adjust themselves in the said matrimonial tie and, therefore, a petition in view of provisions of section 13 of hindu marriage act, 1955 (hereinafter referred to as hindu marriage act for convenience) came to be filed in the matrimonial court by appellant ranjana against respondent no. 1 taral munshi. she prayed for a decree ..... divorce and dissolution of said matrimonial tie. thereafter both, ranjana and taral munshi filed an application on 25.2.1993 under section 13(8) of the hindu marriage act for obtaining a decree of divorce by consent. when the said application was pending before the court, respondent no. 2 girjashankar mishra, father of present appellant ..... this important aspect of the matter and, therefore, landed in obvious error of passing such an order which cannot be sustained in view of provisions of hindu marriage act.7. thus, the appeal is allowed. the impugned order is set aside. the parties are directed to appear before the matrimonial court on 25.7 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : I(2005)DMC406
..... co-widow, she could claim 1/2 share in the suit land. certainly, a woman who marries a man who is already married after advent of hindu marriage act, 1955 does acquire any right of inheritance. such marriage in view of section 5 is wholly void and, clearly such a wife is not a wife at all, she does not acquire such status and does ..... married wife. however, in that case it was not clear whether such re-marriage had taken place after 1955 i.e, after the advent of hindu marriage; act, 1955, which applied the rule of monogamy among hindus restrictly. present being a case of second marriage during the life-time of first wife after advent of hindu marriage act, 1955. the appellant had no case. certainly, no substantial question of law arises .....
Tag this Judgment!Court : Orissa
Reported in : I(1991)DMC336
..... at the time of the marriage. the calcutta high court in the case of kalyani sen v. radhakant sen ..... is the legally married wife of the opposite party or that after her marriage she has been divorced and has not re-married. under the provisions in section 11 of the hindu marriage act, 1955 read with those in section 5 of the act any marriage solemnized after commencement of the act shall be null and void if either party has a spouse living ..... relied upon for the purpose of grant of maintenance under section 125, cr.p.c. till it is annulled by a decree in an appropriate proceeding under the hindu marriage act.9. the position has now been settled by the ruling of the apex court in the case of smt. yamunabai anantrao adhav v. anantrao shivram adhav and anr .....
Tag this Judgment!Court : Orissa
Reported in : 92(2001)CLT808; I(2002)DMC172; 2001(II)OLR141
..... place of posting.3. in the year 1994 the husband-respondent filed a petition under section 13(1) of the hindu marriage act, 1955 read with section 7 of the family courts act before the learned judge, family court, cuttack praying for dissolution of his marriage with the appellant-wife. the said petition was registered as civil proceeding no. 149 of 1994. the respondent petitioner alleged ..... order is challenged by the appellant-wife in the present civil appeal.7. we have heard the learned counsel for the parties and perused the lower court records.8. any marriage solemnised whether before or afterthe commencement of the hindu marriage act, 1955 can only bedissolved on a petition presented by either spouse on the groundmorefully specified lender section 13(1) of the said .....
Tag this Judgment!Court : Orissa
Reported in : I(2003)DMC427
..... this appeal is directed against an order passed by the learned judge, family court, cuttack in civil proceeding no. 289 of 1994 under section 13(1) of the hindu marriage act, 1955 directing a decree of divorce in favour of the appellant.2. the incontrovertible facts stated in the order passed by the learned judge, family court are as follows :the ..... such a situation it would be fit case for granting a decree of divorce. the appellant being aggrieved by the decree of divorce under section 13(1) of the hindu marriage act, has filed this appeal.4. mr. acharya, the learned counsel appearing for the appellant has strongly contended that the order passed by the learned judge, family court ..... , after hearing both the parties, we are of the view that in the fitness of things a decree of judicial separation as envisaged under section 10 of the hindu marriage act be passed instead of a decree of divorce. if either party joins the company of other, it is open to him/her to file an application before the .....
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