Court : Karnataka
Reported in : 1999(2)KarLJ254
..... even if the marriage is not valid, under section 16 of the hindu marriage act, the plaintiff will normally be entitled to the share of the defendant's ..... it is significant to notethat in the written statement, the marriage is alone denied and whether the boy was born to that lady through the first defendant was not denied in spite of specific allegation to the effect that the plaintiff is his son born to that lady through the ..... the courts found that the plaintiff has not proved the marriage of his mother with first defendant and consequently the plaintiff was non-suited. ..... claiming to be the only son through the 1st wife of doddachowdamma of the defendant and contending that the defendant took the second wife by name channaveeramma, the plaintiff claimed a share in the joint family properties as 1/ ..... is no reason for the courts below to disbelieve the transfer certificate of the school and the admission register extract wherein his father's name is mentioned as 1st defendant. ..... in fact when the plaintiff spoke in evidence that he and his mother resided with the defendant for a period of 10 years and the same was not disproved by cross-examination by the first ..... specific contention of the plaint was 'after the birth of the plaintiff, the mother of plaintiff led a difficult life for a few days with the defendant and later on she was forced to take shelter in her parent's house'. ..... this pleading was not specifically denied within the meaning of order viii, rule 5 of civil procedure code. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : I(1995)DMC482
..... which wan filed under section 9 of the hindu marriage act, for restitution of conjugal rights, an allegation was made against the appellant that despite the injunction order, dated 16-5-1983, the appellant had married shivmangli and the said marriage was void and may be declared as void. ..... of 1984, by the district judge, ambikapur, holding him guilty of breach of the injunction order and sentencing him to undergo one month's civil imprisonment, has filed the present appeal. ..... by a competent court of jurisdiction, it has been held that the appellant did not marry sivmangli, then the said finding would be res judicata between the parties and. ..... the trial court record evidence of the parties and after hearing them, held that the appellant had committed breach of the order dated 16-5-1983 and was, therefore, liable to be punished and ordered him to be lodged in the civil prison for a period of one ..... on 10.12.1984, alleging therein that despite the order of injunction, the appellant had married shivmangli on 20-5-1983 and for committing breach of the order, the appellant be punished in accordance with law.2. ..... an application under order 39, rule 2a of the civil procedure, code was filed by smt. ..... allegations, it was submitted on behalf of the respondent that the proceedings were different and, therefore, the court below was justified on the basis of the evidence adduced before it, in holding that the appellant committed breach of the injunction order and, therefore, he was rightly punished.5. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : II(2001)DMC150
..... facts of the case in brief are that the appellant has filed a petition before the trial court against the respondent for grant of a decree of divorce oh the ground of desertion and cruel behaviour of the respondent under the provisions of section 13(1)(i-a) and 13(1)(i-b) of the hindu marriage act. ..... comes to the conclusion that no cause of action accrued to the appellant for filing the petition for grant of decree of divorce against the respondent within the jurisdiction of the court at ujjain, then, the trial court should not have recorded findings on other issues and should not have dismissed the petition filed on behalf of the appellant for grant of decree of divorce. ..... has unnecessarily filed a petition against the respondent in a court having no jurisdiction to try the application and unnecessarily forced her to contest the petition as also this appeal. ..... needless to say that the court having no jurisdiction to adjudicate the petition filed on behalf of the appellant, does not have jurisdiction to record the findings on the other issues and dismissing the application filed on behalf of the appellant for grant of ..... 5 that the court has no jurisdiction to adjudicate the application filed on behalf of the appellant, the trial court should not have recorded the findings on other issues and should not have dismissed the application filed on behalf of the appellant for grant of decree ..... of the respondent the objection with regard to the jurisdiction of the trial court was also raised. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1993Kant120; 1992(3)KarLJ318
..... supreme court in a matter arising has dealt regarding out of hindu marriage act, the scope of the word 'ordinarily resides', it is held :--'that the word 'resides' must mean the actual place of residence and not a legal orconstructive residence, it certainly did not connote ..... at bombay, it is the case of the wife that while she was residing with her husband, she was driven out of the house along with her mother and the custody of the child was not given to her as such the circumstances warranted her to seek the intervention of the court for the custody of the child. ..... guardians and wards act, 1890 reads thus :-- 'court having jurisdiction ..... appears to have been deliberately used to exclude places to which the minor may be removed at or about the time of the filing of the application for the enforcement of the guardianship and custody of the minor, and that the phrase 'ordinarily resides' indicates ordinary residence even at the time of the presentation of the application under s. ..... given by the court below that the petition filed by the petitioner, namely the mother, at mysore, having jurisdiction does not suffer from any legal infirmities. ..... respect to the guardianship of the person of the minor, it shall be made to the district court having jurisdiction in the place where the minor ordinarily resides. ..... was residing with the father, the jurisdictional court would be at bombay and not at mysore. ..... wife at the commencement of the proceedings that had to be considered, for jurisdiction.'4. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(15)ALT525
..... the file of the family court, visakhapatnam against the petitioner under section 9 of the hindu marriage act for restitution of conjugal rights and the details relating to the properties also have been specified. ..... stated that the entire income derived from the petitioner's properties was also appropriated by the respondent and he did not give any amount for her maintenance much less the income derived from her ..... . 707 of 2007 on the file of the iii additional chief judge at hyderabad had been filed for partition and also in the light of the averments made in the affidavit filed in support of the tr.cmp, this court is of the considered opinion that the tr. ..... at this advanced age, with all the aforementioned ailments, the petitioner cannot travel alone and the respondent is frequently coming to hyderabad to contest the suit o.s.707 of 2007 before the iii additional chief judge, city civil court, hyderabad and he can as well attend the family court, city civil court, hyderabad if the present o.p.1347 of 2008 on the file of the family court, visakhapatnam is transferred to the family court ..... learned counsel for the respondent had taken this court through the counter affidavit filed by the respondent and would maintain that in the light of the facts and circumstances, it is not just and proper to order the tr.cmp, more so when the respondent is 73 years old. ..... visakhapatnam is not having jurisdiction to try the ..... under section 24 of the code of civil procedure praying for transfer of o.p. no. .....
Tag this Judgment!Court : Mumbai
Reported in : 1992CriLJ2106
..... section 23(2) of the hindu marriage act, 1955, casts on the court the duty, in the first instance, in matrimonial cases, where it may appear that there may be chance of saving the marriage, to make every endeavour to bring about a reconciliation between the parties. ..... the objection of section 14 of the hindu marriage act, 1955 is that - section 14 provides restrictions presumably designed to prevent hasty recourse to legal proceedings before the parties have made a real effort to save their marriage from disaster. ..... with this pious thinking, the marriage tie be continued till the last breath of the spouse and should not be untied during the subsistence of their marriage, therefore, even under the provisions of the hindu marriage act, some provisions are incorporated to maintain the sanctity of the social institution. ..... it is, therefore, proposed to amend the the indian penal code, the code of criminal procedure and the indian evidence act suitably to deal effectively not only with cases of dowry deaths but also cases of cruelty to married women by their in-laws.' 10. ..... this being the jurisdiction of the legislature, i cannot express my opinion, but at the same time, considering the peculiar and special circumstances of the case before me, to maintain the cordial relations between smt. ..... section 498-a of the indian penal code is brought on statute under chapter xxi of the code as amended by section 2 of amendment act. 9. .....
Tag this Judgment!Court : Chhattisgarh
Reported in : AIR2007Chh64
..... for preventing the child marriages in the country and in the state of chhattisgarh.2) a writ and/or an order in the nature of writ of mandamus do issue commanding and directing the respondents state authorities to effectively implement the provision of child marriage restraint act 1929 all over the area within their jurisdiction and for that prepare a scheme and establish agency for restraining the said marriages.2-a : a writ and/or an order in the nature of writ of appropriate nature do issue declaring the section 13(2)(iv) of the hindu marriage act, 1955 is ultra vires to the ..... article 15 of the constitution of india.3) a writ and/or an order in the nature of writ of certiorari do issue quashing the impugned order dated 4-7-2003 (annexure .....
Tag this Judgment!Court : Orissa
Reported in : 2008(II)OLR418
..... in terms of the impugned order under annexure-2 dated 27.11.2004 a revision petition was directed against an order under section 24 of the hindu marriage act, awarding the pendente lite and litigation expenses in favour of the opposite parties passed by civil judge sr. ..... before the commencement of the code of civil procedure (orissa amendment) act, 1991, may call for the record of any case which has been decided by any court subordinate to the high court or the district court, as the case may be, and in which no appeal lies thereto, and if such subordinate court appears--(a) to have exercised a jurisdiction not vested in it by law, or(b) to have failed to exercise a jurisdiction so vested, or(c) to have acted in the exercise of its jurisdiction illegally or with material irregularity, the high court ..... 'any case which has been decided' includes any order deciding an issue in the course of suit or other proceeding.saving- the amendment made by this act shall not affect the validity, invalidity, effect or consequence of anything already done or suffered, or any jurisdiction already exercised, and any proceeding instituted or commenced in the high court under section 115 of the code civil procedure, 5 of 1908, prior to the commencement of this act shall, notwithstanding such amendment, continue to be heard .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2007MP242
..... their lordships expressed the opinion that the hindu marriage act, 1955 is a beneficent legislation and, therefore, it has to be interpreted in such a manner to advance the object of the legislation ..... hindu marriage act, 1955 is a beneficient legislation and therefore, it has to be interpreted in such a manner as advances the object of the legislation ..... 1 and chinte was prior to coming of hindu marriage act, 1955 inasmuch as the plaintiff no ..... aradhe is that even if the children are treated as illegitimate after amendment in section 16(1) of hindu marriage act, 1955 as amended by amendment act no. ..... 1 is not the legally married wife, yet the plaintiffs 3 to 9 are entitled to the share in the suit house by virtue of section 16 of the hindu marriage act, 1955. ..... the words 'notwithstanding that a marriage is null and void under section 11 'employed in section 16(1) indicate undoubtedly the following:(a) section 16(1) stands delinked from section 11(b) provisions of section 16(1) which intend to confer legitimacy on children born of void marriages will operate with full vigour in spite of section 11 which nullifies only those marriages which are held after the enforcement of the act and in the performance of which section 5 is ..... in this appeal preferred under section 96 of the code of civil procedure the defendants have called in question the sustainability and defensibility of the judgment and decree datedl2-3-1990 passed by the learned additional district judge, kurai in civil suit no .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2008)3PLR192
..... publication (whether by words, spoken or written, or by signs, or by visible representation, or otherwise) of any matter or the doing of any other act whatsoever which-(i) scandalizes or tends to scandalize, or lowers or tends to lower the authority of, any court; or(ii) prejudices, or interferes or tends to interfere with, the due course of any judicial proceeding; or(iii) interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner;sections 15 and 23(2)(3) & (4) of the hindu marriage act, 1955:15 divorced persons when may marry again. ..... whether performance of a marriage after filing of appeal, an unlawful act in terms of section 15 of the hindu marriage act, 1955, amounts to willful disobedience to the 'other process of the court' disclosing a civil contempt within the meaning of section 2(b) of the act?2. ..... on 30.9.1996, the husband-respondent filed a petition under section 13 of the hindu marriage act, 1955 (for brevity, 'the 1955 act'). ..... an appeal under section 28 of the 1955 act could be filed against decrees and orders before the court where ordinarily an appeal in the exercise of its original civil jurisdiction is to lie. ..... in that regard statutory guidance is available in section 96 of the code of civil procedure, 1908. ..... the appeal was returned on 10.9.2003 by the registry because of some procedural flaw. .....
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