Judgment Search Results Home > Cases Phrase: hindu marriage act 1955 chapter 5 jurisdiction and procedure Page 1 of about 25,334 results (0.493 seconds)

Jagraj Singh Vs. Birpal Kaur

Court : Supreme Court of India

Reported in : AIR2007SC2083; 2007(3)ALT86(SC); 2007(2)AWC1608(SC); I(2007)DMC351SC; [2007(3)JCR134(SC)]; JT2007(3)SC389; (2007)3MLJ370(SC); 2007(3)SCALE150; (2007)2SCC564; AIRSCW3201; 2007(2)CivilLJ844; 2007LawHerald(SC)801; 2007(4)KCCRSN285; 2007(4)AIRKarR320(SC)

..... in the meantime, relations between them became strained and on december 23, 2002, respondent-wife filed a petition for divorce under section 13 of the hindu marriage act, 1955 (hereinafter referred to as 'the act') on the ground of desertion and cruelty in the court of district judge, faridkot ..... chapter v (sections 19 to 28a) deals with jurisdiction and procedure of court in petitions for restitution of conjugal rights, judicial separation ..... in the present case, though the issue as to jurisdiction of the court was decided against the wife, without following the procedure under section 23(2) of the act, the court dismissed the petition on merits which could not have been ..... the question of jurisdiction, the court observed that since the wife was living with her parents in barnala and not at village saline, within the jurisdiction of district faridkot, the district judge at sangrur had jurisdiction to try the petition and the district judge, faridkot had no jurisdiction to entertain and decide the petition ..... heard the learned advocates for the parties.learned counsel appearing for the appellant submitted before us that the high court had no jurisdiction to issue direction to the husband to remain personally present in the court and non-bailable warrant for non-appearance of parties under the act could not have been issued. ..... special provisions have been made in the code by the code of civil procedure (amendment) act, 1976, in respect of suits relating to matters concerning the family in .....

Swarna Prava Tripathy and anr. Vs. Dibyasingha Tripathy and anr.

Court : Orissa

Reported in : AIR1998Ori173; 86(1998)CLT368; I(1999)DMC316; 1998(II)OLR1

..... section 24 of the hindu marriage act, 195.5 (in short, 'act 1955') gives jurisdiction to the court to pass order for pendente lite maintenance and litigation expenses, in appropriate case, on application being made by a party to ..... short, 'the act 1984') while prescribing for appeals against judgment or order has made an exception in not providing for right of appeal to the cases of (i) interlocutory orders; (ii) decree or orders passed on consent of both the parties and(iii) a consented order passed under chapter ix of the code of criminal procedure, 1973, such statutory provision debarring an appeal has been expressly restated in sub-section (5) of section 19 of the act. ..... shall lie from a decree or order passed by the family court with the consent of the parties, or from an order passed under chapter ix of the code of criminal procedure, 1973 : provided that nothing in this sub-section shall apply to any appeal pending before a high court or any order passed under chapter ix of the code of criminal procedure, 1973 before the commencement of the family courts (amendment) act, 1991. ..... high court may, of its own motion or otherwise, call for and examine the record of any proceeding in which the family court situate within its jurisdiction passed an order under chapter ix of the code of criminal procedure, 1973 for the purpose of satisfying itself as to the correctness, legality or propriety of the order, not being an interlocutory order, and as to the regularity of such proceeding. .....

Dr. S.P.G. Sundaram and Another Vs. Indu Vedamurthy

Court : Chennai

..... it is relevant to quote the decision reported in air 1997 sc 3562, whereunder, it has been held that the matrimonial court trying any proceedings under the hindu marriage act, 1955, has the jurisdiction to make such provision in the decree as it deems just and proper with respect to nay property presented "at or bout the time of marriage" which may belong jointly to both the husband and wife. 13. ..... on a plain reading of the section, it becomes obvious the matrimonial court trying any proceedings under the hindu marriage act, 1955, has the jurisdiction to make such provision in the decree as it deems just and proper with respect to any property presented "at or about the time of marriage" which may belong jointly to both the husband and wife. ..... it is approprite to quote section 27 of the hindu marriage act, under which, jurisdiction has been conferred upon the matrimonial court to decide the dispute regarding the matrimonial property, without having to take recourse to the filing of the separate civil suit. ..... (2) subject to the other provisions of this act, as family court shall also have and exercise :- (a) the jurisdiction exercisable by a magistrate of the first class under chapter ix (relating to order for maintenance of wife, children and parents) of the code of criminal procedure, 1973 (2 of 1974); and (b) such other jurisdiction as may be conferred on it by any other enactment. 10. .....

P.T.Lakshman Kumar Vs. Bhavani

Court : Chennai

..... petitioner in crp pd no.1463 of 2013 : mr.rathina ashokan --------------------------------------------------------------------------------------------- for respondent in crp pd no.1463 of 2013 : mr.m.vivekanandan --------------------------------------------------------------------------------------------- for petitioner in crp pd no.1558 of 2013 and respondent in crp pd no.1668 of 2013 : mrs.k.sumathi --------------------------------------------------------------------------------------------- for respondent in crp pd no.1558 of 2013 and petitioner in crp pd no.1668 of 2013 : mr.a.mohan --------------------------------------------------------------------------------------------- for petitioner in crp pd no.1588 of 2013 : mrs.gajalakshmi rajendran --------------------------------------------------------------------------------------------- c o m m o n o r d e r whether an order made under section 24 of the hindu marriage act, 1955 by a family court established under the family courts act, 1984 is appealable under section 19(1) of the said ..... (4) the high court may, of its own motion or otherwise, call for and examine the record of any proceeding in which the family court situate within its jurisdiction passed an order under chapter ix of the code of criminal procedure, 1973 (2 of 1974) for the purpose of satisfying itself as to the correctness, legality or propriety of the order, not being an interlocutory order, and as to the regularity of such proceedings. .....

R. Sridhar Vs. R. Sukanya and ors.

Court : Chennai

Reported in : (2005)1MLJ214

..... the learned senior counsel for the revision petitioner contends that in view of section 22 of hindu marriage act, 1955 the proceedings shall be conducted in camera in the family court and such proceedings should not be printed or published in any manner except a judgment rendered by a high court or of the supreme court with the prior permission of such ..... however, the court may, in the interest of justice, seek assistance of a legal expert as amicus curiae;(h) simplify the rules or evidence and procedure so as to enable a family court to deal effectively with a dispute;(i) provide or only one right of appeal which shall lie to the high ..... specified in (b) above;(d) exclusively provide within the jurisdiction of the family courts the matters relating to :(i) matrimonial relief, including nullity of marriage, judicial separation, divorce, restitution of conjugal rights or declaration as to the validity of marriage or as to the matrimonial status of any person;(ii) the property of the spouses or of either of them;(ill) declaration as to the legitimacy of any person;(iv) guardianship of a person or the custody of any minor;(v) maintenance, including proceedings under chapter ix of the code of criminal procedure;(e) make it obligatory on the part of ..... careful reading of the entire provisions of the family courts act, 1984 would reveal that it confers jurisdiction with regard to pending proceedings and the duty of the family courts in matters of matrimonial settlement and the procedures. .....

Smt. Baby Deb Vs. Ajit Deb

Court : Guwahati

..... appendix 14 of the gauhati high court rules has prescribed 'the hindu marriage rules, 1988 to regulate the procedure under 'the hindu marriage act, 1955' dealing in as many as 22 paragraphs. ..... hindu marriage act, 1955 deals with restitution of conjugal rights, section 10 deals with judicial separation, section 11 deals with void marriages section 12 deals with voidable marriages, section 13 deals with divorce, section 13a deals with alternate relief in divorce proceedings, section 13b deals with divorce by mutual consent, section 14 deals with no petition for divorce to be presented within one year of marriage, section 19 deals with court to which petition shall be presented, section 20 deals with contents and verification ..... (hindu marriage act (25 of 1955), section 19).plaint.a 'plaint' is the process by which proceedings in the courts, are, generally commenced.the statement in writing of a course of action in which the relief claimed is set out in detail (order 6, rule 1, cpc and section 7(iv)(f), court-fees act).a plaint in a court is in the nature of an original writ. ..... the hindu marriage act or the special marriage act is the special statute enacted for special purpose and special jurisdiction has been prescribed for adjudicating the dispute on matrimonial matters. ..... however, in respect of applications under chapter ix of the criminal procedure code the provisions of that code shall apply.11. .....

Sunita Kumari and Etc. Vs. Prem Kumar

Court : Patna

Reported in : AIR2009Pat183

..... the point was further highlighted by referring to section 28 of the hindu marriage act 1955 which contains provision for appeals from decrees and orders in any proceeding under that act with a clear stipulation that all such decree made by the court in any proceeding under that act shall be appealable as decrees of the court made in exercise of its original civil jurisdiction, subject to exception provided in sub-section (b) of section 28 of the hindu marriage act.5. ..... execution of decrees and orders (1) a decree or an order other than an order under chapter ix of the code of criminal procedure, 1973 (2 of 1974), passed by a family court shall have the same force and effect as a decree or order of a civil court and shall be executed in the same manner as is prescribed by the code of civil procedure, 1908 (5 of 1908) for the execution of decrees and orders. ..... (4) the high court may, of its own motion or otherwise, call for and examine the record of any proceeding in which the family court situate within its jurisdiction passed an order under chapter ix of the code of criminal procedure 1973 (2 of 1974) for the purpose of satisfying itself as to the correctness, legality or propriety of the order, not being an interlocutory order, and, as to the regularity of such proceeding. .....

N. Pakthavathsalam Vs. K. Pramila and Another

Court : Chennai

..... for better appreciation of the matter, the brief facts of the case are as follows: the petitioner/husband had filed a petition under section 13(1)(ia) and (ib) of hindu marriage act, 1955 seeking divorce in hmop no.59 of 2016 before the sub court, tambaram. ..... the object of section 24 of hindu marriage act, 1955 and section 125 of cr.p.c are different. ..... earlier, since the family court is vested with both civil and criminal jurisdiction, the maintenance case filed under section 125 cr.pc can be transferred to the family court under section 407 cr.p.c. 12. ..... however, now the question is whether in the absence of a family court, when the sub court is vested with the jurisdiction to try the family disputes, whether the proceeding from the magisterial court can be transferred to the sub court under criminal procedure. 11. ..... (prayer: transfer civil miscellaneous petition filed under section 24 of the code of civil procedure seeking to withdraw the case pending in m.c.no.30 of 2016 on the file of the judicial magistrate court, thanjavur and to transfer the same to the file of the sub court, tambaram to be tried along with hmop no.59 of 2016 pending on its file.) 1. ..... the family court is also empowered to deal with petitions seeking maintenance under chapter ix of the criminal procedure code. 8. ..... similarly, like section 24 of cpc, the high court has also got powers to transfer any proceeding under chapter ix of cr.p.c. .....

Mrs. Debi Bhaduri Vs. Kumarjib Bhaduri

Court : Kolkata

Reported in : AIR1980Cal1

..... section 28 of the hindu marriage act, 1955, as it originally stood, was as follows:--'all decrees and orders made by the court in any proceeding under this act shall be enforced in like manner as the decrees and orders of the court made in the exercise of the original civil jurisdiction are enforced, and may be appealed from under any law for the time being in force; provided that there shall be no appeal on the subject of costs ..... in chapter ii amendments to the hindu marriage act, 1955 have ..... in other words, if a statute deals merely with the procedure in an action, and does not affect the rights of the parties, it will be held to apply prima facie to all actions pending as well as future: vide craies on statute law, ..... the above provisions the appeal to this court was covered by article 116 of the limitation act, 1963 which provided for a period of 90 days from the date of the decree which was a decree under the code of civil procedure, 1908 and the appeal was to the high court from that decree.8. ..... it is also well known that alterations in the form of procedure are always retrospective unless there is some good reason or other why they ..... truth, it has become almost an axiom in jurisprudence, that a law of prescription, or law of limitation, which is meant by that denomination, is a law relating to procedure having reference only to the lex fori.'19. ..... the law of limitation being a procedural law, whenever amended, should be retrospective in operation, unless there are strong reasons .....

N.rajendran Vs. S.valli

Court : Supreme Court of India

..... the high court has reversed the decree of dissolution of the marriage between the appellant and the respondent which is passed under section 13 (1) (ia) of the hindu marriage act, 1955.2. ..... may, of its own motion or otherwise, call for and examine the record of any proceeding in which the family court situate within its jurisdiction passed an order under chapter ix of the code of criminal procedure, 1973 (2 of 1974) for the purpose of satisfying itself as to the correctness, legality or propriety of the order, not being an interlocutory order, and as to the regularity of such proceeding.]. [(5)]. ..... from a decree or order passed by the family court with the consent of the parties2 [or from an order passed under chapter ix of the code of criminal procedure, 1973 (2 of 1974): provided that nothing in this sub-section shall apply to any appeal pending before a high court or any order passed under chapter ix of the code of criminal procedure, 1973 (2 of 1974) before the commencement of the family courts (amendment) act, 1991 (59 of 1991).]. ..... the establishment of family court and the jurisdiction it was to exercise under section 7 of the act, this court is of the view that the family courts act must be read along with ..... the madras high court has framed rule 52 of the family courts (procedure) rules, 1996 which reads as follows: copy of judgment or order to be filed with appeal- every appeal under section19(1) of the act shall be accompanied by a copy certified to be true copy by the court .....