Judgment Search Results Home > Cases Phrase: hindu marriage act 1955 chapter 5 jurisdiction and procedure Page 6 of about 25,334 results (0.455 seconds)

Mayadhar Mallik Vs. Smt. Laxmi Mallik and ors.

Court : Orissa

Reported in : AIR2002Ori5; 1999(I)OLR37

..... (2) subject to the other provisions of this act, a 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. ..... the learned additional district judge has held that a proceeding for payment of alimony is a matter arising out of or connected with the marriage dispute and, therefore, a petition under section 24 of the hindu marriage act and all proceeding connected there or arising there from including proceeding for release of the said alimony amount fall within the purview of explanation (1) appended to section 7 of the act. ..... of the following nature, namely; (a) a suit or proceeding between the parties to a marriage for a decree of a nullity of marriage (declaring the marriage to be null and void, or as the case may be, annulling the marriage) or restitution of conjugal rights or judicial separation or dissolution of marriage; (b) a suit or proceeding for a declaration as to the validity of a marriage or as to the matrimonial status of any person; (c) a suit or proceeding between the parties to a marriage with respect to the property of the parties or of either of them; (d) a suit or proceeding for an order or injunction in circumstances arising out of a martial .....

Josekutty Joseph Vs. Aniamma Thomas

Court : Kerala

Reported in : AIR2006Ker337; II(2006)DMC464; 2006(3)KLT114

..... but in the case of claims for reliefs under the personal laws or special statutes such as the hindu marriage act, 1955, indian divorce act, 1869, the special marriage act, 1954, the guardians and wards act, 1890 etc. ..... exclusion of jurisdiction and pending proceedings - where a family court has been established for any area, -(a) no district court or any subordinate civil court referred to in sub-section (1) of section 7 shall, in relation to such area, have or exercise any jurisdiction in respect of any suit or proceeding of the nature referred to in the explanation to that sub-section;(b) no magistrate shall, in relation to such area, have or exercise any jurisdiction or powers under chapter ix of the code of criminal procedure, 1973 (2 of 1974);(c) every suit or proceeding of the nature ..... referred to in the explanation to sub-section(1) of section 7 and every proceeding under chapter ix of the code of criminal procedure, 1973 (2 of 1974),-(i) which is pending immediately before the establishment of such family court before any district court or subordinate court referred .....

Rama Prasanna Tiwari Vs. Smt. Ashima and anr.

Court : Madhya Pradesh

Reported in : 2005(2)MPHT192

..... though family courts are vested with the powers to decide the matter under hindu marriage act and other acts, but so far as proceedings under chapter ix of the cr.pc are concerned, there is specific provision to adopt same procedure as envisaged in the cr.pc. ..... (1) subject to the other provisions of this act and the rules, the provisions of the code of civil procedure, 1908 and of any other law for the time being in force shall apply to the suits and proceedings (other than the proceedings under chapter ix of the code of criminal procedure, 1973) before a family court and for the purposes of the said provisions of the code, a family court shall be deemed to be a civil court and shall have all the powers of such court ..... if the magistrate is satisfied that the person against whom an order for payment of maintenance is proposed to be made is wilfully avoiding service, or wilfully neglecting to attend the court, the magistrate may proceed to hear and determine the case ex parte and any order so made may be set aside for good cause shown on an application made within three months from the date thereof subject to such terms including terms as to payment of costs to the opposite ..... court relying on section 10(3) of the family court act found that the family court is having jurisdiction to adopt its own procedure for recording evidence and relying on provisions of code of civil procedure held that the affidavit can be received in evidence and rejected the application of the petitioner. .....

Lipika Gupta Vs. State of Bihar and ors.

Court : Patna

..... manorma devi, 1973 bljr 857 : (air 1973 patna 321) a division bench of this court held that 'order' and 'decree' stand at par under section 28 of the hindu marriage act, and all orders and decrees passed in a proceeding under the hindu marriage act are appealable under that section.9. ..... the instant case, the appeal arises from a matrimonial case under the hindu marriage act, section 28(1) of the said act lays down. ..... to the controversy in hand, the matrimonial case giving rise to the appeal in the present case having been filed prior to the coming into force the court fees (bihar amendment) act, 1995 which was not given retrospective effect, the petitioner cannot be compelled to pay court fee more than what was payable on the date of filing of the matrimonial case. ..... as decrees of the court made in the exercise of its original civil jurisdiction, and every such appeal shall he to the court to which appeals ordinarily lie from the decisions of the court given in exercise of its original civil jurisdiction. ..... the appeal has been registered as miscellaneous appeal, and not first appeal, as in the case of appeals under the civil procedure code, as per the practice of this court, but for all purposes it stands at par with any appeal against decree under section 96 of civil procedure code and therefore, would be subject to the same incidents of ordinary appeals ..... under rule 19 of chapter vii of the patna high court rules, the registrar of the high court has been appointed as the taxing .....

Vishnu Kirpalani Vs. Vishnu Hirachand Kirpalani

Court : Mumbai

Reported in : (1959)61BOMLR100

..... but assuming we have the power, the question is whether that power can be exercised in this particular case, and for that purpose we must first turn to the act which we rae interpreting and administering and that is the hindu marriage act, 1955. ..... now, this rule does not apply to high courts in the exercise of their ordinary or extra-ordinary civil jurisdiction, and as a matter of fact we on the original side have framed a rule, rule 287, which provides that by special leave of the judge a decree may be ante-dated or post-dated ..... this rule is in a chapter which bears the heading 'rules for the guidance of the registrar's office', and it seems that inasmuch as these are not rules framed by the high court under any of the provisions of the civil procedure code, it would be open to the judges sitting on the appellate side to direct in a particular case that the direction given to the registrar under rule 161 should not be carried out ..... therefore, the judges on the original side undoubtedly possess the power and the jurisdiction to ante-date or post-date a decree. ..... but in the absence of any such rule, it seems that the power of the high court in its appellate jurisdiction is not fettered by the mandatory provisions of o. 41, r 35. ..... , as the code stands, it seems to be clear that the high court exercising its appellate jurisdiction is not bound by the mandatory provision of o. 41, r. 35. ..... which exempts this rule from application to the high court in the exercise of its appellate jurisdiction. .....

Ashraya and ors. Vs. Jan-erik Lundqvist and ors.

Court : Karnataka

Reported in : II(1990)DMC524

..... then the law commission, in its fifty-ninth report on hindu marriage act and special marriage act, forwarded to government of india in the year 1974, expressed its view on the need of establishment of family courts to deal with matters concerning the family by adoption of a human approach thus :'in our report on the code of civil procedure, we have had occasion to emphasise that in dealing with disputes concerning the family, the court ought to adopt a human approach--an approach radically different from that adopted ..... petitioners in the court of city civil judge, a district court, by filing a petition under sections 7 and 26 of the g & w act invoking the jurisdiction of that court to obtain orders in the matter of appointment of petitioner 2 as guardian of the person of the minor (destitute child with petitioner-1) and in the matter of grant of permission to remove that destitute child out of its (that court's) territorial jurisdiction and to sweden, the foreign country of petitioners 2 and 3, obviously in consonance with the pronouncement of our supreme court in laxmi kant v. ..... what needs to be noted is that to attract the application of the ejusdem generis rule, there must be a general word which follows particular and specific words of the same nature as itself takes its meaning from them and is presumed to be restricted to the same genus as those words (see : paragraph 6 in chapter 12 of maxwell on the interpretation of statutes--12th edition). .....

Nilmoni Mazumdar Vs. Smt. Sanghamitra Mazumdar

Court : Kolkata

Reported in : AIR2003Cal146,(2003)1CALLT400(HC),II(2003)DMC393

..... appellant had made an application for stay of the judgment in an appeal arising out of an order passed under section 25 of the hindu marriage act, 1956 (hm act). ..... orders under article 226 of the constitution, appeals from the decision of the claims commissioner under the indian railway act and appeals from the award of claims tribunal under the motor vehicles act, it is provided that in respect of any such appeal, the concerned department 'shall....admit it and cause it to be registered and to issue notice to the respondent' and it is obvious that it an appeal is to be admitted only on a hearing under rule 11 of order 41 of the code, such ..... of a legislation or statutory law under the provisions of the charger act, clause 36 of the letters patent, section 122 of the code of civil procedure and under article 225 of the constitution and since rules 17 of the appellate side rules has made the provisions of order 41 rule 11 of the code applicable to various appeals including appeals from an order under the provincial insolvency act, its application cannot be resisted, particularly, in the absence of any ..... noted, under rule 79 (part ii, chapter ix) of the appellate side rules, appeals from the decision of the claims commissioner, under the indian railways act and appeals from the award of claims tribunal, under the motor vehicles act have also been excluded from the operation ..... hm act provides for an appeal to a court to which the appeal lies from the court having original jurisdiction. .....

Ashraya Vs. Nil

Court : Karnataka

Reported in : ILR1990KAR1349

..... then the law commission, in its fifty-ninth report on hindu marriage act and special marriage act, forwarded to government of india in the year 1974, expressed its view on the need of establishment of family courts to deal with matters concerning the family by adoption of a human approach thus:'in our report on the code of civil procedure, we have had occasion to emphasise that in dealing with disputes concerning the family, the court ought to adopt a human approach -an approach radically different from that adopted ..... petitioners in the court of city civil judge, a district court, by filing a petition under sections 7 and 26 of the g & w act invoking the jurisdiction of that court to obtain orders in the matter of appointment of petitioner 2 as guardian of the person of the minor (destitute child with petitioner-1) and in the matter of grant of permission to remove that destitute child out of its (that court's) territorial jurisdiction and to sweden, the foreign country of petitioners 2 and 3, obviously in consonance with the pronouncement of our supreme court in laxmi kant v. ..... what needs to be noted is that to attract the application of the ejusdem generis rule, there must be a general word which follows particular and specific words of the same nature as itself takes its meaning from them and is presumed to be restricted to the same genus as those words (see: paragraph 6 in chapter 12 of maxwell on the interpretation of statutes - 12th edition). .....

Menokabala Dasi Vs. Panchanan Seal

Court : Kolkata

Reported in : AIR1966Cal228,69CWN938

..... so, i would like to refer to the provisions of the hindu marriage act 1955 (act xxv of 1955) and consider an analogous provision with regard to the payment of permanent alimony and maintenance where a decree is passed underthe provisions of the same act. ..... the hindu marriage act expressly lays down a procedure by way of an application, section 25 of the said act does not lay down any such procedure.4. ..... out below the provisions of sub-sections (1) and (2) of section 26:'25 (1) any court exercising jurisdiction under this act, may at the time of passing any decree or at any time subsequent thereto on application made to it for the purpose by either the wife or the husband, as the case may be, order that the respondent shall, while the applicant remains unmarried, pay to the applicant for her or his maintenance and support such gross sum or such monthly or ..... periodical sum for a term not exceeding the life of the applicant as, having regard to the respondent's own income and other property, if any, the income and other property of the applicant and the conduct of the parties, it may seem to the court to be just, and any such payment may be secured, if necessary, by a charge ..... have to examine the provisions of the hindu adoptions and maintenance act (act 78 of 1956) (hereinafter referred to as the 'said act') chapter iii of the said act deals with subject of 'maintenance'. .....

Mr Oliver Menezes Vs. Mrs Serita Therese Mathias

Court : Karnataka

..... act is an intermediatory between the civil laws like guardians and wards act, hindu minority and guardianship act, hindu marriage act ..... law for the time being in force, the magistrate may, at any stage of hearing of the application for protection order or for any other relief under this act grant temporary custody of any child or children to the aggrieved person or the person making an application on her behalf and specify, if necessary, the arrangements for visit of such child or children by the respondent; provided that if the magistrate is of the opinion that any visit ..... supra, since the magistrate is exercising only a civil jurisdiction in granting crl.p.no.356/2019 -17- reliefs under chapter iv of the act, it follows that a magistrate is not a criminal court for the purposes of proceedings under chapter iv of the act. ..... further the trial court directed the jurisdictional police to procure the children from wherever they are and to restore them to the custody ..... crl.p.no.356/2019 -13- (2) if the magistrate is satisfied that an application prima facie discloses that the respondent is committing, or has committed an act of domestic violence, he may grant an ex parte order on the basis of the affidavit in such form, as may be prescribed, of the aggrieved person under section 18, section 19, section 20, section 21 or, as the case may be, section 22 against ..... it was held that a right of crl.p.no.356/2019 -16- appeal is not merely a matter of procedure but a matter of substantive right. .....