Judgment Search Results Home > Cases Phrase: hindu marriage act 1955 section 27 disposal of property Page 1 of about 5,335 results (0.140 seconds)

Smt. Sangeeta Vs. Sh. Sanjay Bansal

Court : Delhi

Reported in : 2001IIIAD(Delhi)181; AIR2001Delhi267; 90(2001)DLT632; I(2001)DMC673; 2001(58)DRJ111

..... passed in fao 247/89 and also order passed by trial court dated 29.8.1989 are set aside and the matter is remanded to court of additional district judge, delhi, seized of the record of hma no.271/89 for fresh disposal of appellants application under law after affording opportunity to both parties to lead evidence if any and in case of their default to decide it on the basis of available evidence/material on record. ..... section 27 of hma provides thus'the property, as contemplated by section 27 is not the property which is given to the wife at the time of marriage only. ..... the expression 'at or about the time of marriage' has to be properly construed to include such properly which is given at the time of marriage as also the property given before or after marriage to the parties to become their 'joint property', implying thereby that the property can be traced to have connection with the marriage. ..... the section empowers the court to make such provision in the decree in respect of property presented at or about the time of marriage, which may belong jointly to both, husband and wife. ..... the expression, 'presented at or about the time of marriage' suggests that such property must be connected with marriage and then it naturally comes to belong to both parties because all marks/areas of distinction/division are obliterated by the marriage. ..... all such property is covered by section 27 of the act.'5. .....

Vishwas Narhari Sahastrabudhe Vs. Varda Vishwas Sahastrabudhe

Court : Supreme Court of India

Reported in : 2009(3)AWC2436(SC); 2009(6)BomCR489; 2009(2)SCALE103; (2009)4SCC229

..... made by the high court in the impugned judgment while deciding the issues as directed by the high court and the family court shall decide the same in accordance with law including the question whether section 27 of the hindu marriage act, which deals with disposal of property is applicable in the facts of this case or not.4a. ..... 15 of 2006, by which the decree passed by the family court at pune, granting divorce under section 13 of the hindu marriage act, 1955 was affirmed but had remanded the matter back to the family court for proper determination of issues of permanent alimony and ownership of flat in triveni nagar. ..... 6,00,000/- (six lacs), which has been directed to be paid by the high court to the respondent, is stayed till the disposal of the family court proceeding after remand. ..... the appeal is thus disposed of. ..... the issues that were framed by the impugned judgment of the high court are as follows:(a) whether the original petitioner will in law be entitled to seek declaration as prayed for from family court under family court's act? .....

Minoti Anand and Subal Anand Vs. Subhash Anand,

Court : Mumbai

Reported in : AIR2009Bom65; 2008(111)BomLR372; 2009(2)MhLj251

..... filed an application under section 27 of the hindu marriage act for disposal of property.5. ..... of 2003 under section 13(1)(ia) of the hindu marriage act, 1955. ..... order passed by the family court in an application filed under section 27 of the hindu marriage act has been challenged in the writ petition. ..... claimed by the 1st respondent are for dissolution of the marriage under section 13(1)(ia) of the hindu marriage act. ..... consequence, the family court allowed the application filed by the respondent under section 27 of the hindu marriage act, partly.7. ..... 2004 is correct as it has been passed under section 27 of the hindu marriage act. ..... was filed by the petitioner on 3rd february, 2004 before the family court contending that a preliminary issue be framed under section 9-a of the code of civil procedure as to whether the petition could be entertained under the hindu marriage act.6. ..... the family court has passed the impugned order on 8th june, 2004 concluding that the marriage was solemnized under the hindu marriage act, before the petitioner and the 1st respondent were married under the religious rites of the sumiyoshi ..... opinion, the order of the family court holding that the petition under the hindu marriage act is maintainable is unsustainable and devoid of merit and is therefore set aside.15. ..... contended in her application that a marriage petition filed under the hindu marriage act, 1955 was not maintainable as she was married to the 1st respondent under the foreign marriage act, 1969. .....

Smt. Manjit Kaur Vs. Inderjit Singh

Court : Punjab and Haryana

Reported in : AIR1999P& H196; II(1999)DMC1; (1999)121PLR759

..... it has been held by their lordships, '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 any property presented' at or about the time of marriage' which may belong jointly to both the husband and the wife. ..... battas, learned counsel for the appellant contends that the learned single judge has erred in placing a very narrow construction on the provisions of section 27 of the hindu marriage act, 1955. ..... manjit kaur filed a petition under section 27 of the hindu marriage act, 1955. ..... can recover the property which is covered by the section, by including it in the decree in the matrimonial proceedings, without having to take recourse tothe filing of a separate civil suit and avoid further litigation,' it has been further observed by their lordships in para 13 that the provisions of section 27 of the hindu marriage act which 'unmistakably vests the jurisdiction in the court to pass an order, at the time of passing a decree in a matrimonial cause, in respect of the property presented, at or about the time of marriage, which may belong ..... 'a perusal of the above provision shows that the court trying a matrimonial case has been empowered to make provision in the decree regarding disposal of the property which was presented at or about the time of marriage. ..... disposal of property. .....

Balkrishna Ramchandra Kadam Vs. Sangeeta Balkrishna Kadam

Court : Supreme Court of India

Reported in : AIR1997SC3562; II(1997)DMC495SC; JT1997(7)SC742; 1997(2)MPLJ403; RLW1998(1)SC116; 1997(6)SCALE25; (1997)7SCC500; [1997]Supp4SCR1; 1997(2)LC755(SC)

..... on a plain reading of the section it becomes obvious 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 any property presented 'at or about the time of marriage' which may belong jointly to both the husband and the wife. ..... section 27 of the hindu marriage act read thus :disposal of property-in any proceeding under this act, the court may 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 the wife. 10. ..... while disposing of the appeals, the division bench, inter-alia opined that under section 27 of the act, the court had jurisdiction to pass an order regarding the property, as mentioned in the section itself and disagreeing with the learned single judge and the trial court, it was held by the division bench that the respondent-wife was entitled to an order under section 27 of the hindu marriage act in respect of the property claimed by her in exhibit 'a' and made the order accordingly.4. ..... bandra, bombay may either decide the issue himself or assign it to any other court of competent jurisdiction under him for its disposal in accordance with law in the light of the observations made by us. ..... the respondent preferred two appeals which came to be disposed of by the division bench by the common judgment, dated 30.4.1992. .....

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

Court : Chennai

..... 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 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. ..... section 27 of the hindu marriage act reads thus: "disposal of property-in any proceedings this act, the court may make such provision in proper with respect to any property presented, at or about the time of marriage, which may belong jointly to both the husband and the wife. 10.1. ..... it is her absolute property with all rights to dispose at her own pleasure. ..... a woman s power of disposal, independent of her husband s control, is not confined to saudayika but extends to other properties as well. ..... again the petition has been returned on 17.03.2016 stating that hmop.no.36 of 2014 has already been disposed of on 16.10.2014 and how the petition is maintainable. ..... with the above direction, this civil revision petition is disposed of. .....

B.V. Harinarayana Reddy Vs. Kumari Chukki Nanjunda Swamy and Others

Court : Karnataka

..... it is also stated that the joint petition under section 13-b of the hindu marriage act, 1955 has also been filed. ..... under section 7(1)(c) provides a suit or proceeding between the parties to a marriage with respect to the property of the parties or of either of them. ..... the ratio laid by the supreme court makes it abundantly clear that, only when final allotments were made or a determination is made that the property should be put on auction-sale, are all matters, which have to be decided in the final decree proceedings. ..... parties submit that they will make joint efforts in dispose of the bangalore property in terms of the joint memo. ..... the first defendant after the settlement at lok adalath has sold the bangalore property to one nanjundaswamy who is the father of respondents 1 and 2 in this petition without information to the plaintiffs. ..... in genu @ ganu and others vs- jalabai and others reported in ilr 2009 kar 612 has held that, a suit filed by the wife against her husband for partition and separate possession against his family property is not maintainable in the family court since the other parties who are not parties to the marriage also have interest in the said property. ..... the defendant raised an objection that first decree proceedings are not maintainable and also contended that by virtue of the compromise decree, he holds 50% share in the property in question and that he has executed the sale deed in favour of one nanjundaswamy. .....

Pattayee Ammal Vs. Manickam Gounder and anr.

Court : Chennai

Reported in : AIR1967Mad254; 1967CriLJ900

..... appeal preferred by the wife against the order of the courts below dissolving her marriage with the first respondent-husband, on a petition filed by him under section 13(1)(i) of the hindu marriage act 1955 for dissolution of the marriage on the ground that the wife has been living in adultery with the ..... 13 of the hindu marriage act so as to entitle the husband to ..... the second respondent, who is already a father of five children, that she was living with him for two weeks in the village, that she and the second respondent executed the marriage agreement, that she sent noticed to her father and her husband and the subsequent cancellation of the agreement, goes to show that the first respondent was anxious to somehow get rid of ..... equally, one would not except an illiterate woman as the appellant to go to an advocate's house soon after the registration of the marriage agreement, and instruct her counsel to cause notices to be issued to her father and her husband, informing them of the life she was going ..... question for consideration is whether the first respondent husband is entitled to get a decree for dissolution of his marriage with the appellant, on the ground that the wife has been living in adultery with the second respondent. ..... , it is alleged by the appellant, her husband, under the protect of providing her some immovable property, took her to the sub registrar office karur, along with pichaikara gounder, the second respondent. ..... necessary for the disposal of this appeal .....

Kamla Vs. Bhagirath

Court : Rajasthan

Reported in : I(1997)DMC344; 1996(1)WLN411

..... the appellant, petitioner wife in the matrimonial case has been granted divorce on her prayer by the learned district judge, ganganagar but she is still dissatisfied by the order under section 27 of the hindu marriage act, 1955 (for short 'the act' hereinafter), passed by the learned district judge as regards the disposal of the property of the couple while granting the decree of divorce. ..... is contended in this appeal on behalf of the appellant that such a narrow view could not be taken of the provisions of section 27 of the act and all the property which could come within the meaning of 'streedhan' could be directed to be disposed of by giving it to the wife under section 27 of the act.section 27 of the act reads as under :27. ..... learned judge took the view that under section 27 of the act, directions could be issued for the disposal of only such property which was given to the bride and the bridegroom as presents or gifts and which is the joint property of the husband and wife. ..... the result, i am not in a position to accept the contention of the appellant that provisions regarding properties which are not joint properties of husband and wife but are separate properties gifted to them at the time of the marriage or thereabout can be made under section 27 of the act. ..... on the plain reading the section empowers the court to make provisions in the decree with respect to any property presented at or about the time of marriage only if such property belongs jointly to both the husband and .....

Sardar Surinder Singh Vs. Manjeet Kaur

Court : Jammu and Kashmir

Reported in : AIR1983J& K86

..... one filed by surrinder singh, the appellant herein, under section 9 of the hindu marriages act, 1955, and the other by manjeet kaur, the respondent herein, were disposed of by district judge, jammu, by the consent of the parties, and a decree for judicial separation passed in favour of the respondent against ..... at this stage it becomes necessary to take notice of section 27 which reads as under:'in any proceeding under this act, the court may make such provisions 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 ..... the learned district judge by a separate order passed on her application under section 27, which too came to be passed on the same date on which the main petitions were disposed of by him, directed the superdar to hand over the property entrusted him to the respondent, besides directing the appellant to hand over to her the ornaments weighing six tolas ..... (iii) this power can be exercised by the court only in respect of that property, whether movable or immovable, which is jointly owned by the parties; (iv) that joint property must be such as was presented to them at a time or stage which is in close proximity to the time of their marriage, whether it inpresented at, before or after the marriage; and (v) a provision in regard to such property has to be made in the decree itself that the court may eventually pass in the main proceeding, but not by a separate .....