Court : Madhya Pradesh
Reported in : I(1994)DMC373
..... the averments sought to be introduced vide 4-a pertained to the alimony admissible under section 25 of the hindu marriage act the court below has rejected this part (4-b) of the amendment application on the ground that the facts are not considered necessary.3. ..... the matter pending before the trial court is under hindu marriage act. ..... this revision petition presented under section 115 of the code of civil procedure (for short, 'the code') is directed against the part of the order dated 6-4-93 rendered by iv additional judge to the court of district judge, ratlam in cos no. ..... i have heard the counsel for the parties, i am satisfied that the court below has acted in exercise of its jurisdiction illegally. ..... this revision petition is, therefore, allowed in the terms indicated above, and that part of the order rejecting the prayer is subverted. ..... in air 1983 sc 319--(haridas aildas thadani and ors. v. ..... the application had averred the facts in two paras categorised as 4-a and 4-b. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1962P& H180
..... (2) this appeal is the outcome of a petition filed by piara singh for restitution of conjugal rights under section 9 of the hindu marriage act (no. ..... if such question depends on a fair consideration of matters on record.when it appears to the appeal court that important considerations bearing on the question of credibility have not been taken into account or properly weighed by the trial judge and such considerations including the question of probability of the story given by the witnesses clearly indicate that the view taken by the trial judge is wrong, the appeal court should have no hesitation in reversing the findings ..... literal import or language of the statutory provisions, yet it is difficult to hold if such a practice is, conducive to better administration of justice.but be that as it may, the fact remains that there is hardly any provision of law which justifies the procedure adopted by the trial courts below in the instant case in recording the entire evidence of the defendant before the plaintiff, and, his father, who is no less material a witness than the plaintiff himself, were examined. ..... 25 of 1955) on the allegations that he had been married to gurdial kaur about four years earlier and that they had lived as husband and wife for about three or three and a quarter years when gurdial kaur's mother went to village sherpura (the village of piara singh) about 9 or 10 months earlier and took gurdial kaur away with her on the pretext that the family members wanted to see her .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : II(1992)DMC523
..... accordingly, the petition for mutual divorce under section 13b(1) of the hindu marriage act is accepted and the marriage between the parties is ordered to be dissolved by mutual consent within the meaning of section 13b(1) of the act.6.the husband has paid a sum of rs. ..... on 16th december, 1989, petition under section 13 of the hindu marriage act was filed by the husband against his wife seeking dissolution of marriage on the ground of cruelty and desertion. ..... this appeal is directed against the judgment and decree of the additional district judge, ambala, whereby the petition of the husband under section 13 of the hindu marriage act, was dismissed.2. ..... during the pendency of the appeal in this court, the parties have filed the present petition under section 13b of the hindu marriage act, for dissolution of marriage by a decree of divorce by mutual consent. . ..... in view of the fact that the marriage between the parties has been dissolved by, mutual consent and all the disputes pending between them have been settled amicably, the court in which proceedings under section 125 of the code of criminal procedure are pending, shall dismiss the same as having become infructuous. ..... the wife has also agreed that petition under section 125 of the code of criminal procedure filed by her for maintenance pending before the judicial magistrate ist class, karnal, shall not be pursued. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1971Ker183
..... the court was dealing with an application under section 13 of the hindu marriage act, 1955 and court-fee was paid under the provisions of article 1 (b). ..... a higher court-fee was demanded, but the court held that there was no scope for importing the words 'plaint' and 'suit' into section 13 of the hindu marriage act which only used the word application. ..... a court exercising jurisdiction under the relevant chapter, may also order the respondent to pay to the applicant for her or his maintenance and support periodical claims. ..... ' it is apparent that this provision is calculated to import the procedure for correcting errors in the matter of levy of court-fee and for certain other matters and does not deal with the rate of fee. ..... these procedural provisions cannot help decide whether on an application under section 10-a or 10-b of the madras marumakkathayam act, an ad valorem court-fee under section 23 or a nominal fixed court-fee under article 11(g) or article 3 (a) (1) (b) of schedule ii of the act has to be paid.6. ..... in its procedural emanations this right carries the connotation that the rich and the poor may pursue their legal remedies without being inhibited or impeded by the demand for payment of heavy court-fee. ..... i cannot agree for the obvious reason that section 17 does not deal with the rate of court-fee at all but with the procedure for determination of the court-fee, by and large. .....
Tag this Judgment!Court : Orissa
Reported in : 96(2003)CLT151
..... 56 of 1988 shall be excluded from the arena of consideration while considering the impugned judgment of the subordinate judge relating to the application under section 9 of the hindu marriage act, then also that judgment stands on its own strength to dismiss the application under section 9 of the hindu marriage act, and that is apparent on reading of the evidence on record and the concurrent factual finding recorded by both the courts below.14. ..... the case at hand, if paragraphs 2 and 3 of the petition under section 9 of the hindu marriage act shall be read, that indicates that as if the wife alone walked away from the society of her husband along with the ornaments and dowry articles. ..... other words, learned additional district judge did not dismiss the application under section 9 of the hindu marriage act solely on the ground of the decree passed in title suit no. ..... of 1988 as an additional circumstance in support of dismissal of the application under section 9 of the hindu marriage act.13. ..... 56 of 1988 as an additional circumstance in relation to the factum of ill-treatment, cruelty and desertion by the husband and held that to be a factual finding of binding nature until such decree is set aside by the competent court of jurisdiction. ..... an appeal under section 100 of the cpc the high court is not to reassess factual finding recorded by the courts below to interfere with the same unless such factual finding is infested with illegality, improper exercise, of jurisdiction or perversity. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1988P& H75
..... whereby the petition under section 13 of the hindu marriage act. ..... section (3) provides for the situations where two courts have the jurisdiction to try the petitions and are subordinate to different high courts. ..... situation, the application for transfer shall be made to the high court within the local limits of whose jurisdiction the court in which the petition was brought is situate. ..... code section 23 of the code reads as under:'to what court applications lie:--(1) where the several courts having jurisdiction are subordinate to the same appellate court, an application under s. ..... courts are subordinate to different high courts, the application shall be made to the high court within the local limits of whose jurisdiction the court in which the suit is brought is situate. ..... hand, the learned counsel for the respondent wife submitted that the impugned order was just and proper and, therefore, there was no justification for interfering with the same in revisional jurisdiction. ..... could not be transferred under the said provisions of the act to the court at delhi and therefore, the question of staying the proceedings there in ..... this petition is; whether this court is competent to transfer the proceedings from this court at jind to the court at delhi which is not under the jurisdiction of this court ?6. ..... on the ground of cruelty and desertion, has been stayed under section 10, civil procedure code, 1908 . ..... 1955; (hereinafter called the act), filed by the husband-petitioner ved parkash garg against his a .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : I(2000)DMC84
..... having pondered over the facts and circumstances of this case and keeping in mind the spirit and legislative intent behind section 13-b of the hindu marriage act, i would accept the joint petition of the parties ..... is a petition under section 13-b of the hindu marriage act, hereinafter referred to as the act, praying for dissolution of marriage by mutual consent.2. ..... the justice demands that the unwilling partners to a matrimonial bond, which has irretrievable broken down and parties at different occasions reiterated their stand of parting, company with each other, it will be appropriate to accept the request of the parties ..... despite the fact that both the parties to the marriage are well educated and settled, it is a matter of regret that they are finding it so difficult to continue with their marriage, as they have opted to frustrate even the decrees passed by the courts of competent jurisdiction. ..... consequently, i accept this petition and dissolve the marriage between the parties by passing a decree of divorce on the ground of mutual ..... the statements of the husband and wife both were recorded in court on 11.5.1999 where they reiterated their stand of not continuing with the matrimonial bond as their marriage has irretrievably broken down.5 ..... husband had filed a petition under section 13(1)(a) of the act for dissolution of marriage on the ground of cruelty. ..... consequently, this application filed under order 6, rule 17 read with section 151 of the code of civil procedure is hereby allowed. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : II(1998)DMC401
..... after hearing the learned counsel for the parties at some length and taking into consideration the submissions made by counsel for respondent, i am of the considered view that petition under section 9 of the hindu marriage act deserves to be transferred to a court of competent jurisdiction at amritsar. ..... her husband, rajnish arora filed a petition under section 9 of the hindu marriage act at ludhiana, alleging that she had left the matrimonial home without any cause on 28.6.1995. ..... in this regard, he has placed on record order dated 29.1.1997 passed on the application filed by the wife under section 24 of the hindu marriage act.4. ..... in this application under section 24 of the code of civil procedure, prayer made by sonia wife of rajnish arora is that petition under section 9 of the hindu marriage act title 'rajnish kumar arora v. ..... written statement has been filed by the respondent in which he has denied that he tried to kill the petitioner and she left the matrimonial home due to ill- treatment meted out at his hands. ..... it has been averred that petitioner has no source of income and her father is a poor man doing private job, and is providing maintenance and shelter to the petitioner and her children with great difficulty. ..... it is the common case of the parties that while petition under section 9 of the act was pending, there was some reconciliation between the parties and as a result of that, petitioner came to her matrimonial home and stayed there from 10.9.1995 to 5.1.1996. .....
Tag this Judgment!Court : Kerala
Reported in : I(2000)DMC554
..... conferred under sections 14 and 21 of the hindu marriage act, 1955 and article 227 of the constitution of india to regulate the proceedings under the act, viz. ..... hindu marriage act, which provides for a petition being presented by either the husband or the wife for dissolution of marriage by a decree of divorce on the ground that the other party has, after the solemnisation of the marriage, had voluntary sexual intercourse with another person other than his or her spouse and has after the solemnisation of the marriage ..... or have been acting in collusion for the purpose of obtaining a divorce, shall be at liberty, in such manner as the high court by general or special order from time-to-time directs, to apply to the high court to remove the suit under section 8, and the high court shall thereupon, if it thinks fit, remove such suit and try and determine the same as a court of original jurisdiction, and the provisions contained ..... a co-respondent to the said petition, unless he is excused from so doing on one of the following grounds, to be allowed by the court: (1) that the respondent is leading the life of a prostitute, and that the petitioner knows of no person with whom the adultery has been committed; (2) that the name of the alleged adulterer is unknown to the petitioner, although he has made due efforts to discover it; or (3) ..... procedure adopted by the district judge does not comply with the mandate under section 11 of the act ..... procedure ..... the procedure under section 17 does not call .....
Tag this Judgment!Court : Mumbai
Reported in : I(1990)DMC457
..... 100/- per month, in favour of the respondent-wife, passed under section 25 of the hindu marriage act.2. ..... aspect has held that there is nothing on record to suggest that the respondent-wife derives any income from any land.besides this, the respondent who is under the wed-lock with the appellant and the marital relation still subsists, the law casts an obligation on the appellant-husband to maintain or support to maintain her unless the conditions are changed otherwise. ..... according to him, there should not have been an order of restitution after a gap of 35 years, and when the parties are at the fag end of their life. ..... the learned court below taking into consideration the material aspect and evidence on the record ordered the appellant to pay rs. ..... she states that the appellant-husband owns about 200 acres of land and he has not provided anything for the maintenance. ..... it is lastly submitted that the respondent-wife also holds certain agricultural lands and she is in a position to maintain herself. ..... gawande, the learned counsel appearing for the appellant, firstly contended that the order of restitution of conjugal rights suffers from infirmity and also from impropriety. ..... she, therefore, in 1980 initiated the proceedings under section 9 of the act for restitution of conjugal rights. ..... she then presented application under section 25 of the act claiming permanent alimony. .....
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