Judgment Search Results Home > Cases Phrase: hindu marriage act 1955 section 27 disposal of property Court: allahabad Page 1 of about 170 results (0.105 seconds)

Jai NaraIn Har NaraIn and anr. Vs. L. Bulaqi Das S/O. L. Munna Lal

Court : Allahabad

Reported in : AIR1969All504

..... wife had filed a suit against her husband for judicial separation under section 10 of the hindu marriage act and the husband had filed a petition under section 9 of the act against the appellant for the restitution of his conjugal rights. ..... in the first of these two cases the main question referred to the full bench was 'where two suits between the same parties involving common issues are disposed of by one judgment but two decrees, and an appeal is preferred against the decree in one but it is either not preferred in the other or is rejected as incompetent, does the matter decided by the latter decree ..... 'where two suits, having a common issue, are, by consent of parties or by order of the court, tried together, the evidence being written in one record and both suits disposed ofby a single judgment, can it be said that there have been two distinct and independent trials?' 21. ..... in that case two suits were filed which were tried together and disposed of by one judgment, but a separate decree was prepared in each ..... transferred to the 'court of the civil judge and all thefour suits were consolidated and tried together with the consent of the parties and were disposed of by a common judgment, though a separate decree was prepared hi each suit. 31. ..... daryao kusr to the suit property had become final on account of dismissal by this court of appeals arising ..... 452 of 1951 on 7th of october 1955 on account of failure of bhagwan sahai to apply for translation and printing of the record as required .....

Smt. Ram Pyari Vs. Dharam Das and ors.

Court : Allahabad

Reported in : AIR1984All147

..... according to the language of this section even the first wife cannot apply under section 11 for declaration of the second marriage as void but there is nothing in section 11 or in any provisions of the hindu marriage act which debars a person affected by the illegal marriage performed in contravention of clauses (i), (iv) and (v) of section 5 to file a suit in the civil court for its declaration as ..... submission was that a marriage on the ground of breach of section 5(i) of the hindu marriage act can be set aside only at the instance of one of the spouses and if no application for declaration of the marriage is made by either of the spouses, the marriage becomes immune from challenge. ..... the law commission while considering the question of amending section 11 observed: 'the hindu marriage act is a piece of matrimonial law and decrees of nullity, contemplated by it, are decrees passed by matrimonial ..... not only the first wife but also anyone who is affected by the marriage performed in contravention of clauses (i), (iv) and (v) of section 5 of hindu marriage act would be entitled to bring the civil suit. 8. ..... answer the question by saying that the validity of a void marriage being in contravention of theprovisions of section 5(i) rend with section 11 of the hindu marriage act can be gone into at the instance of a third aggrieved party even after the death of one of the spouses to the marriage. 21. ..... xxv of 1955) a second marriage with a previous married wife living is null and void'. .....

Smt. Kiran Devi and anr. Vs. Ashok Kumar and ors.

Court : Allahabad

Reported in : 2004(3)AWC1942

..... date of the decree, it had been dissolved instead of being annulled, shall be deemed to be their legitimate child notwithstanding the decree of nullity.section 16 refers to section 11 of the hindu marriage act, and it being relevant and germane to the controversy involved in this petition is also abstracted below :'section 11 of hindu marriage act makes it clear that any marriage solemnized after commencement of this act shall be null and void and on a petition presented by either party thereto against the other party, be so declared by a decree of nullity ..... dwelt upon the aspects urged by the learned counsel for the petitioners that the marriage between lakshmi narain and radhika was void ab initio and demolished this contention by referring to section 16 of the hindu marriage act and on the reasoning that the marriage between the two had been solemnized in the year 1954 while hindu marriage act came into force in the year 1955. ..... main stay of the arguments made across the bar by the learned counsel for the petitioners is that the factum of second marriage with radhika devi of the deceased was not proved and as such section 16(1) of the hindu marriage act was not attracted for application and secondly that the contesting opposite parties could not be pronounced as legitimate sons of the deceased and by this reckoning, proceeds the submission, the order passed ..... the widows were held entitled along with sons to inherit the property of deceased husband with effect from 19.9.1997. .....

Ashwani Kumar Kohli Vs. Smt. Anita

Court : Allahabad

Reported in : 1998(2)AWC1531; II(1998)DMC664

..... to section 13(1) of the hindu marriage act, 1955 provides that the expression 'desertion' in sub-section (1) of section 13 means the desertion of thepetitioner by the other party to the marriage without reasonable cause and without the consent or against the wish of such party, and includes the wilful neglect of the petitioner by the other party to the marriage. ..... anita, under section 13 of the hindu marriage act, 1955, dismissing his petition for ..... seen above, grounds of divorce taken by the appellant are of : (1) cruelly, and (2) desertion, open to the petitioner under clause (ia) and clause (ib) respectively of section 13(1) of the hindu marriage act, 1955. ..... as regards the ground of desertion, clause (ib) of section 13 of the hindu marriage act provides that, any marriage solemnised, whether before or after the commencement of this act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party has deserted the petitioner for a continuous period of not less than two years ..... ashok hurra's case (supra), the facts are also different, as rightly urged by the learned counsel for the respondent, a joint petition under section 13b(2) of the hindu marriage act had been filed by the parties. ..... the allegations of her cruelty and desertion, the appellant filed the marriage petition under section 13 of the hindu marriage act for a decree of divorce.3. ..... nor is mere delay in disposal of the divorce proceedings by itself a .....

Smt. Kiran Bala Asthana and anr. Vs. Bhaire Prasad Srivastava

Court : Allahabad

Reported in : AIR1982All242

..... facts and circumstances about one of the parties were such that the other party could not have readily consented to marry the other, and there was an element of deception or misrepresentation in bringing about the marriage at the instance of a party, such as to amount to fraud, a hindu marriage could surely be annulled under section 12(1)(c) of the hindu marriage act, notwithstanding its sacramental character.12. ..... this is a wife's first appeal from a decree dissolving her marriage with the respondent husband by a decree of divorce under the hindu marriage act on the ground that the appellant has been incurably of unsound mind within the meaning of clause (iii) of sub-section (1) of section 13 of the act.2. ..... under section 12(1)(c) of the hindu marriage act, marriage is voidable,'and may be annulled by a decree of nullity' on the ground 'that the consent of the petitioner.....was obtained byforce or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent.'9. ..... it is accordingly not necessary to pass any orders in this appeal under section 25 or section 27 of the hindu marriage act. ..... the marriage between the parties to this case was accordingly fit to be annulled by a decree of nullity under section 12(1)(c) of the hindu marriage act.13. ..... at the close of the arguments on the last day of hearing, i had given the appellant an opportunity to move an application under section 25 of the hindu marriage act. .....

Suraj Lal Jaiswal Son of Shri Chhedi Lal Jaiswal Vs. the State of Utta ...

Court : Allahabad

Reported in : 2006CriLJ3323; II(2006)DMC1

..... obtained an ex-parte decree under section 13 of the hindu marriage act and when opposite party no ..... filed a petition under section 13, hindu marriage act against the opposite party ..... 2 then filed a petition under section 9, hindu marriage act, which was decreed ex-parte against the applicant, the applicant sent a registered notice to the ..... the learned counsel for the applicant has raised two folds arguments, firstly that the charge sheet is not maintainable and no cognizance can be taken by the magistrate in view of section 198(1) of the code of criminal procedure which lays down that:no court shall take cognizance of an offence punishable under chapter xx of the indian penal code (45 of 1860) except upon a complaint made by some person ..... performed in his presence and any ritual as provided in the hindu law for a valid marriage, had taken place. ..... 2 can be said to be aggrieved person, the word 'complaint' has been defined in section 2(d) of the code of criminal procedure, which means that:'complaint' means any allegation made orally or in writing to a magistrate, with a view to his taking action under this code, that some person, whether known or ..... that applicant's father, two brother in-law and others had attended the marriage but no statement has been recorded. ..... no doubt, in the explanation to section 2(d) a report by police officer, which discloses a non cognizable offence, shall be deemed to be a complaint but this explanation is not applicable in cases under chapter xxii of the .....

Smt. Sheel Wati Vs. Smt. Ram Nandani

Court : Allahabad

Reported in : AIR1981All42

..... by me at an earlier stage and i had referred the following question for consideration by a larger bench, for the reasons contained in my order dated 27th september, 1979, namely - question 'whether the marriage between the plaintiff and suresh ghandra could be adjudged null and void in the present suit, although it had not been declared to be so by a decree of nullity, on a petition presented by either party thereto against the other, under section 11 of the hindu marriage act, 1955. ..... district court in accordance with the procedure prescribed by and under the act; the only exceptions being the case where the aggrived spouse of the first marriage on account of whose being living the second marriage is void, prosecutes the other spouse for being punished for bigamy under section 406 or 495 of the indian penal code, read with section 17 of the hindu marriage act; or the ease where the aggrieved spouse prosecutes the guilty spouse for ..... law had died, according to the plaint in or about the year 1945, the defendant-appellant must have on the death of herhusband acquired the same interest which he had in the joint family property along with her sons, namely the plaintiff-respondent's husband suresh chandra and the defendant-respondent promod kumar. ..... chief justice did not, however, consider the case to be a fit one to need the attention of a division bench and has referred the matter back to me for being disposed of in accordance with law, by his order dated 24th september, 1980. 3. .....

Ram Prasad Seth Vs. the State of Uttar Pradesh and ors.

Court : Allahabad

Reported in : AIR1961All334; (1961)IILLJ247All

..... therefore, the second clause really provides an additional restriction on the right guaranteed by the first clause.it follows that if some of the sections of the hindu marriage act have been enacted as a measure of social welfare and reform nothing in the first clause of article 25 can be allowed to affect ..... has given rise to this appeal the appellant challenged the validity of rule 27 of the government servants' conduct rules as well as the provisions of the hindu marriage act which prohibited bigamy on the ground that they infringed the freedom of religion guaranteed by article 25 of the constitution. ..... we, therefore, find no difficulty in agreeing with the learned judge that the provisions of the hindu marriage act which are being challenged in this case do not infringe article 25 of the constitution and are clearly protected by ..... by that time the hindu marriage act had come into fores which prohibited a second marriage during the life time of the first wife.the permission sought for by the ..... appellant's service and as long as he was in the service of the state he was bound to obey the rules and that no general declaration could be granted about the invalidity of the provisions of the hindu marriage act.4. ..... laws made for throwing open of hindu religious institutions to all classes and sections of hindus.if the words 'providing for social welfare and reform'' are interpreted in the manner suggested by the learned counsel for the appellant the sub-clause would really become .....

Vinod Chandra Sharma Vs. Smt. Rajesh Pathak

Court : Allahabad

Reported in : AIR1988All150

..... 39 of 1983, is directed against an order granting permanent alimony under section 25 of the hindu marriage act, 1955, to the respondent.2. ..... the use of the word 'decree' in section 25 of the hindu marriage act means the passing of the decree of divorce, restriction of conjugal rights or judicial separation and not the passing of a decree through which the petition itself is dismissed because if the petition fails then no decree is passed. ..... the power to grant alimony contained in section 25 of the hindu marriage act has to be exercised when the court is called upon to settle the mutual rights of the parties after the marital ties have snapped by determination or variation by the passing of the decree of a type mentioned in sections 10, 11 and 13 of the act. ..... permanent alimony and maintenance under section 25 of the hindu marriage act can only be granted if divorce is granted but not during the subsistence of the marriage. ..... read with sections 23, 26 and 27 of the act, a decree can be assumed to have been passed when an application for divorce or similar other relief is granted but surely not when the application is dismissed.5. ..... obviously alimony cannot, therefore, be granted in a case where a decree for divorce is refused because in such a case the marriage will subsist.4. .....

Swapnil Verma and Another Vs. Principal Judge, Family Court, Lucknow

Court : Allahabad Lucknow

..... the second proposition is that although the supreme court can, in exercise of its extraordinary powers under article 142 of the constitution, convert a proceeding under section 13 of the hindu marriage act, 1955, into one under section 13-b and pass a decree for mutual divorce, without waiting for the statutory period of six months, none of the other courts can exercise such powers. ..... in these backgrounds, on 2.7.2015, petitioners have filed a suit for mutual divorce under section 13 (b) of the hindu marriage act, 1955 before the principal judge, family court, lucknow, which was registered as suit no. ..... the first proposition is that although irretrievable break-down of marriage is not one of the grounds indicated whether under sections 13 or 13-b of the hindu marriage act, 1955, for grant of divorce, the said doctrine can be applied to a proceeding under either of the said two provisions only where the proceedings are before the supreme court. ..... 1553 of 2012 for mutual divorce filed under section 13 (b) of hindu marriage act, 1955 : swapnil verma and anjali verma, expeditiously. ..... in the background of the above legal position propounded by the supreme court, i may now advert to the grounds pleaded by the petitioners, in support of their prayers to curtail the statutory period of six months under section 13-b(2) of the act, and to direct that the petition for divorce by mutual consent be disposed of, expeditiously. .....