Court : Punjab and Haryana
Reported in : AIR1998P& H65; II(1997)DMC444; (1997)117PLR92
..... that the husband preferred a petition for a divorce under section 13(1-a)(i) of the hindu marriage act, 1955 as amended, which reads as under :--'that there has been no resumption of cohabitation as between the parties to the marriage for a period of one year or upwards after the passing of a decree for judicial separation in ..... maintenance and litigation expenses to the wife, therefore he was debarred to file a petition within the parameters of section 13 of the hindu marriage act (hereinafter referred to as the act) for dissolution of marriage by a decree of divorce.8. during the arguments learned counsel for the husband filed a photo slat copy of the receipt issued ..... a proceedings to which they were parties.' the marriage between the parties was solemnized in accordance with hindu rites on 1-10-1990 at new delhi. the husband and wife last resided together in their matrimonial home at faridabad. a petition .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR2003P& H334; I(2004)DMC347; (2003)133PLR707
..... additional district judge, kurukshetra vide which his petition for divorce under section 13 of the hindu marriage act, 1955 (hereinafter referred to as 'the act') on the grounds of cruelty, desertion, adultery and unsound mind of the respondent, has been dismissed.2. the marriage between the parties was solemnized according to hindu rites and ceremonies at village isherheri, district kurukshetra on 09.05.1983. both the parties ..... the name of the person with whom the respondent is having illicit relations nor such person has been made party in the petition filed by him. rule 10 of the hindu marriage (punjab) rules, 1956 provides that if a petition is presented by husband for divorce on the ground of adultery, then he is required to implead the alleged adulator, a co .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : I(1995)DMC133; (1994)108PLR702
..... herein will be referred to as the wife whereas respondent as the husband.2. this appeal has arisen out of a petition under section 13 of the hindu marriage act, 1955 (for short 'the act') filed on april 24, 1990 by the husband seeking divorce on the ground of cruelty. the petition was allowed by the learned additional district judge, ..... rohtak and marriage between the parties was dissolved by a decree of divorce. it is in these circumstances, the wife has filed the present appeal.3. marriage between the parties took place on december 12, 1988 according to hindu rites in delhi. the couple was blessed with a male child ..... in the second week of november, 1989. at the time of marriage the wife was employed as teacher in delhi whereas the husband .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : I(1999)DMC451
..... this situation would be allowing him to take advantage of his own wrong. this is contrary to the basic principle as embodied in section 23(1)(a) of the hindu marriage act, 1955.no other point has been raised.in view of the above, there is no merit in this appeal. it is, consequently, dismissed. however, the parties are left ..... , a daughter was born. on february 28, 1979, a son was born to the couple. the appellant filed a petition under section 13 of the hindu marriage act, 1955 for dissolution of marriage on a two-fold basis. he alleged that the wife had deserted him without any reasonable cause and that she had made false allegations against him and ..... patent appeal. learned counsel has not been able to refer to any finding which may even remotely suggest a conscious act of condonation.7. lastly, it has been submitted by the learned counsel for the appellant that the marriage has broken down irretrievably. thus, a decree of divorce should be passed. we are unable to accept this contention .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2009SC2254; 2009(3)AWC2362(SC); 2009(6)BomCR350; JT2009(7)SC5; 2010(1)MhLJ290(SC); 2009(II)OLR(SC)802; RLW2009(4)SC3309; 2009(3)SCALE425; (2009)6SCC379:2009AIRSCW2984
..... around.9. learned counsel appearing for the appellant has streneously argued that the marriage between the parties be dissolved on the ground of irretrievable breakdown.10. in this connection it may be noted that in section 13 of the hindu marriage act, 1955 (for short 'the act') there are several grounds for granting divorce e.g. cruelty, adultery, ..... desertion etc. but no such ground of irretrievable breakdown of the marriage has been mentioned for granting divorce. section 13 of the act reads as under:13. divorce--(1) any marriage solemnized, whether before or ..... divorce on the ground of irretrievable breakdown, then we shall by judicial verdict be adding a clause to section 13 of the act to the effect that irretrievable breakdown of the marriage is also a ground for divorce. in our opinion, this can only be done by the legislature and not by the court .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1993(41)BLJR536; 1993(1)Crimes556(SC); I(1993)DMC135; JT1993(1)SC229; 1993(1)SCALE119; (1993)2SCC6
..... irretrievably broken down and there is no chance of their coming together. petition for divorce by mutual consent under section 13b of the hindu marriage act, 1955 (the act) is pending since july 3, 1992 in the court of district judge palakkad. the parties are living separately for over a period of one year. we ..... in america whenever he likes. the application for custody being case g & wc no. 42 of 1992 filed by vipin menon under guardian and wards act read with hindu minority and guardianship act before family court bangalore shall stand disposed of in terms of our order. the parties are at liberty to approach this court if and when it ..... before the district judge palakkad on july 3, 1992. respondent vipin menon has filed an application for custody of the child under the guardian and wards act read with hindu minority and guardianship act before the family court at bangalore. another divorce petition filed by him is pending before the family court, bombay.3. this appeal has arisen out .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC80; 2006(1)BomCR661; [2005(107)FLR1006]; JT2005(9)SC506; 2006(1)MhLj1; 2006MPLJ1(SC); 2005(8)SCALE202; (2005)8SCC351; 2006(1)SLJ303(SC)
..... such a marriage as null and void in the following terms:11. void marriages. - any marriage solemnized after the commencement of this act shall be null and void and may ..... the marriage of ruby basu @ roopa malhotra was subsisting at the time when the appellant undisputedly married her. nobody has questioned correctness of the said decision.10. for appreciating the status of a hindu woman marrying a hindu male with a living spouse some of the provisions of the hindu marriage act 1955 (hereinafter referred to as the 'marriage act') have to be examined. section 11 of the marriage act declares .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009(5)LHSC3100; 2009(5)ALT57(SC); 2010(1)AWC533(SC); (2009)6MLJ587(SC); 2009(II)OLR(SC)532; (2009)9SCC299; 2009(5)LHSC3100
..... record by the parties hereto so as to come to a conclusion as to whether all the ingredients of a valid marriage as contained in section 5 of the hindu marriage act, 1955 stand established or not; a presumption of a valid marriage having regard to the fact that they had been residing together for a long time and has been accepted in the ..... on record by the parties in their correct perspective. it was urged that keeping in view the provisions of the hindu marriage act, 1955, it was obligatory on the part of the first respondent to establish that all the ingredients of a valid marriage were proved. in a case of this nature where the first respondent was a woman of easy virtue, it ..... may presume the existence of any fact which it thinks likely to have occurred. reading the provisions of sections 50 and 114 of the evidence act together, it is clear that the act of marriage can be presumed from the common course of natural events and the conduct of parties as they are borne out by the facts of a .....
Tag this Judgment!Court : Supreme Court of India
Reported in : I(2001)DMC35
order1. the petitioner is the wife of the respondent. he filed a suit under section 13 of the hindu marriage act, 1955 seeking divorce. that matrimonial suit no. 110 of 1998, is pending in the court of district judge, darjeeling. 2. the petitioner seeks transfer of that suit to himachal pradesh on .....
Tag this Judgment!Court : Delhi
Reported in : 40(1990)DLT418; II(1990)DMC1; 1990(18)DRJ278
..... , 1983. the only child, is also living with her. moreover, defendant no. 1, filed a petition, for dissolution of marriage, by a decree of divorce, under section 13(l)(ia) of the hindu marriage act, 1955, in november, 1982. there was a compromise and the petition was withdrawn. plaintiff also lodged various reports, with the police against ..... , defendants. defendant no. i. also filed another petition, for dissolution of marriage, on the ground of cruelty, against plaintiff.(47) all this shows that the marriage has broken down, ..... revokes such a leave or license then any such claim to joint use and enjoyment would obviously come to an end. the break-down of the marriage or the splitting np of the matrimonial home would inevitably involve the revocation of such leave and license by the wife thus resuscitating her right to .....
Tag this Judgment!