Court : Punjab and Haryana
Reported in : I(2006)DMC785
..... fir against the respondent and his mother and brother. it has been further pointed out that the respondent filed a petition under section 13 of the hindu marriage act, 1955 for dissolution of marriage on the ground of cruelty and dissolution, at ferozepur but the said petition was withdrawn on 25.1.2005. soon thereafter, the respondent has ..... the interest of justice, if petition, titled as smt. kamal nain v. sumit kutnar, under section 9 of the hindu marriage act pending in the court of ms. sunita kumari, civil judge (senior division), ferozepur is transferred to the learned district judge, chandigarh. it shall be open to the ..... filed the present petition under section 9 of the hindu marriage act.3. keeping in view the undisputed fact that the husband is residing at mohali which is at a small distance from chandigarh. therefore, it is in .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : I(1996)DMC557; (1995)111PLR41
sarojnei saksena, j.1. this appeal under section 28 of the hindu marriage act, 1955 (for short 'the act') is directed against the judgment and .decree dated 15.6.1992 passed by additional district ..... -petitioner filed a petition under section 13 of the act alleging that in his marriage dowry was not accepted. at the time of marriage, the respondent was in service of punjab national bank and it was settled before marriage that she would give up her job and join ..... the petition was dismissed.6. the appellant's learned counsel vehemently argued that from the parties' evidence it is evident that after marriage they lived together till 6.4.1987. since then she is living at her parental home and despite appellants' various attempts to ..... in this letter, the respondent's father has written that she has tendered her resignation. this letter was written before the marriage was solemnised. but the respondent has clearly stated that it was never agreed that she would leave the job, rather the appellant .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2006)143PLR848
..... filed after the filing of the suit for maintenance. it has been rightly found that the proceedings under section 9 of the hindu marriage act, 1955 were merely a counter blast to the present proceedings for maintenance. still further, the husband has not appeared as a witness even to rebut the allegation of ..... bar the right of the plaintiff to claim maintenance from the civil court.5. similarly, the judgment and decree in the proceedings under section 9 of the hindu marriage act, 1955 shows that it is an ex parte judgment and decree wherein the wife has been directed to resume cohabitation. still further, the said petition has been ..... 3. in second appeal, learned counsel for the appellant has relied upon the judgment and decree dated 1.8.1997 in proceedings under section 9 of the hindu marriage act, 1955. vide the said decree, wife was directed to resume cohabitation with the appellant. the appellant has also relied upon an order passed in proceedings under section .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2007(2)ALD45(SC); 2007(3)ALLMR(SC)319; 2007(3)ALT43(SC); 2007(2)AWC1421(SC); 2007(5)CTC266; I(2007)DMC6SC; [2007(2)JCR229(SC)]; 2007(1)LC0034(SC); (2006)13SCC272
..... the year 1999 the respondent (husband) filed a petition for a decree of divorce against the appellant (wife) under section 13(1)(i-a) and (i-b) of the hindu marriage act, 1955 on the ground that the appellant had treated him with cruelty and had also deserted him for a continuous period of not less than two years immediately preceding the presentation ..... by the appellant and affirmed the decree of divorce passed by the learned district judge.6. sub-section (1) of section 13 of the hindu marriage act, 1955 (hereinafter referred as 'the act') lays down the grounds on which a marriage may be dissolved by a decree of divorce. this sub-section has several clauses and under clause (i-a) cruelty and under clause (i ..... it was thereafter that the respondent married manish patil on 25.1.2003. it may be mentioned here that at the relevant time section 28(4) of the hindu marriage act provided a limitation of 30 days for filing an appeal against all decrees made by the court in any proceeding under the .....
Tag this Judgment!Court : Kerala
Reported in : I(1999)DMC94
..... petitioner is the respondent herein. the marriage between the appellant and the respondent was solemnised on 12.11.1992 and they lived together till ..... j.1. this appeal is directed against the judgment in o.p. (hma) no. 54 of 1994 on the file of the sub judge's court, mavelikara dismissing a petition filed under section 13(i)(ii) and (iii) of the hindu marriage act, 1955 (for short 'the act'). the appellant herein was the petitioner before the court below and the counter ..... between us. hence it is humbly prayed that this hon'ble court may be pleased to pass an order of divorce under section 13(b) of the hindu marriage act of 1955.' both parties have also made a further prayer to waive the condition of 'waiting period' of six months as envisaged under sub-section (2) of section .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2003Bom273; 2003(4)BomCR731; 2003(1)MhLj828
..... passed by the family court no. 1, pune dated 17-11-1998 dissolving the marriage between the parties to the appeal by a decree of divorce on the ground of cruelty under section 13(1)(ia) of the hindu marriage act, 1955 (hereinafter referred to 'the act' for short) and further directing the respondent-husband to continue to pay rs. ..... 500/- per month to the appellant by way of permanent alimony under section 25 of the act in addition to the amount of rs. 100/- towards maintenance ..... divorce under section 13, and the relevant provisions quoted above would show that omission of the words which prescribed 'cruelty' in the unamended section 10 of the hindu marriage act, has made some significance in the sense that it is not necessary to prove that the nature of the 'cruelty' is such as to cause reasonable .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(2)ALLMR588; 2007(1)BomCR16
..... and therefore, the family court aurangabad has no jurisdiction. 9. shri. damle, the learned advocate for the respondent submitted that as per section 19(iii-a) of the hindu marriage act, 1955 the petition is tenable at the place where wife resides on the date of presentation of thepetition. it is no more disputed that the suit for recovery of possession of ..... the decision in the case of sunita ravi sangavai v. ravi venkatesh sangavai, reported in : 2004(5)bomcr898 . the case cited was for maintenance under the hindu adoption and maintenance act and it was held that wife is entitled to institute the proceeding at the place of her residence.5. heard advocate shri. d.r. kale-patil for the ..... 1954 in the case of kiran singh and ors. v. chaman paswan and ors. reported in : [1955]1scr117 following observations are made:the policy underlying sections 21 and 99, c.p.c. and section 11 of the suits valuation act is the same, namely that when a case had been tried by a court on the merits and judgment .....
Tag this Judgment!Court : Karnataka
Reported in : 2001ACJ876; AIR2000Kant309; I(2001)DMC498; 2000(6)KarLJ322
..... the estate of the deceased persons or a person on whom the estate devolves on the death of an individual. section 5 of the hindu marriage act, 1955 (for short, 'the act') lays down the conditions for a hindu marriage. it provides that a marriage may be solemnised between any two hindus, on the fulfillment of certain conditions. condition (i) states that neither party has a spouse living ..... the supreme court of india. supreme court dismissed the appeal filed by rameshwari devi holding that the marriage between narayanalal and yogmaya devi (second marriage) was in contravention of section 5(i) of hindu marriage act and was therefore, void marriage. under section 16 of the hindu succession act, children of void marriage are entitled to succeed to the estate of the deceased. second wife could not be described .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(4)ALD848; 2004(5)ALT140; I(2005)DMC588
..... allowing the same.2. the appellant is the wife.3. the husband filed o.p. no. 24 of 1995 under section 9 of the hindu marriage act, 1955 (for short 'the act') for restitution of conjugal rights. the allegations in the op were that the petitioner kakani lakshmaiah married the respondent kakani sujatha on 1.8.1992 in ..... of the petitioner died in the year 1985 leaving the petitioner and his six daughters and one son. the respondent was also married another woman and her marriage was dissolved by way of ..... sri mallikarjunaswamy kamakshitai temple, jonnawada as per the hindu customs and traditions. the respondent joined the petitioner in his house at viswanadharaopet, the first wife .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(1)ALD112; 2001(2)ALT(Cri)497; 2002CriLJ1068
..... 15 to 16 for females and from 18 to 21 for males and to make consequential amendments in the hindu marriage act, 1955, and the indian christian marriage act, 1872. it is also being provided that offences under the child marriage restraint act may be investigated upon by a police officer under the code of criminal procedure as if it were cognizable offence. ..... raja reddy appearing on behalf of the accused-petitioners herein submitted at the bar that the muslim girl can marry after attaining the age of puberty. the child marriage restraint act is not applicable to the muslims.4. in support of his contention, the learned counsel for the petitioners herein relied upon many rulings. it was mainly ..... magistrate.'14. i have to further see as to whom this law is applicable and whether the muslims have got any exemption from this act?15. section 1(2) of the child marriage restraint act reads as under: it extends to the whole of india (except the state of jammu and kashmir) and it applies also to .....
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