Judgment Search Results Home > Cases Phrase: hindu marriage act 1955 section 27 disposal of property Court: chennai Page 9 of about 402 results (0.096 seconds)

Soundarammal Vs. Sundara Mahalinga, Nadar

Court : Chennai

Reported in : AIR1980Mad294; (1980)2MLJ121

..... counsel for the respondent-husband contended before me that the provisions relating to divorce in hindu marriage act 1955, had radically changed by several amending acts and the liberalisation made for making divorce easy has to be understood and approached by courts which should reorient its hitherto approach and enable even a wrongdoer to get the reliefs of ..... it is established that the husband is living with another woman, requires to be made to deprive her offsprings from acquiring any interests in any property settled or transferred or otherwise parted with by him and the lawful wife be conferred with right to have those transactions set aside. ..... even when compensation is determined under section 110-a of the motor vehicles act, several factors like pain and suffering, nature of injury, permanent ..... in attempting to make a harmonious construction of the sections in the amended act, merely because the subsequent amendments are claimed to usher in liberalisation on the aspect of divorce, the court cannot bring about an interpretation which would give a helping hand to a wrongdoer to get relief based on his wrongs, ..... the act will be totally in applicable to cases arising under section 13(1-a) of the act. ..... 28(1)(a) of the act, it was held -"the language of the section is clear that the advantages of his or her own wrong or disability should be unconnected with the relief which is sought to be claimed in the proceedings....it would thus be seen that if she failed to comply with the .....

A. Bhagavathi Ammal and ors. Vs. Sethu

Court : Chennai

Reported in : AIR1987Mad224; (1987)IMLJ454

..... the hindu marriage act. ..... hindu marriage act ..... the hindu married women's right to separate residence and maintenance act, 1946, a wife is not entitled to separate maintenance on the ground of the husband's second marriage unless it had taken place subsequent to that act, yet under the provisions of s - 18 of the hindu adoptions and maintenance act, 1956, she will be entitled to reside separately without forfeiting her right to maintenance if there is another wife living irrespective of the time when the latter's marriage had taken ..... 18(2)(d) in the circumstances mentioned therein, she would be entitled to maintenance from the husband -he could not compel her to return to him so long as his marriage with the other wife is not dissolved, but if the marriage is dissolved, the husband can call upon the wife to return to him and if she does not return, it is very doubtful if she can still claim maintenance from the ..... have , deserted the defendant /respondent - items i to 4 in the plaint schedule do not belong to the defendant /respondent, and they are the absolute properties of chidambaravadivoo who is the paternal aunt of this defendant /respondent - chidambaravadivoo executed a will in favour of the defendant /respondent in the yers 1966. ..... the conflict was set at rest by this section by using the expression 'whether married before or after the commencement of this act', if he has any other wife living, at the time when the right to separate residence and maintenance is ..... , air 1955 nag 210 .....

indirani Vs. Vellathal and ors.

Court : Chennai

Reported in : (1988)1MLJ168

..... 1 had stated and in cross-examination what could be elicited on this aspect was and in cross-examination, he had stated under section 7 of the hindu marriage act, 1955, a hindu marriage may be solemnised in accordance with the customary rites and ceremonies of either party thereto. ..... a60 and a61, the owner is mentioned as velusami thevar, therefore, indisputably the possessory right to the property having been traced from palanisami, and when first defendant could establish her ownership right only in items 9, 10 and 11, item no. ..... the cross-objection now filed as would be seen later is entertained only in respect of one item of properties and in such a case, it would be impossible to remand the matter for fresh consideration, and therefore, this cross-objection as filed is maintainable.12. ..... the suit was filed for partition of the suit properties and for allotment of plaintiff's 11/18th share and for rendition of accounts. ..... items1 to 8 in schedule i are the self-acquired properties of palanisami, and the remaining items and a portion of item no. ..... velusami was entitled to 4/6th share in the properties left by his father, and defendants 1 and 3 were entitled to one-sixth share. ..... in the plaint, it is stated as hereunder: the suit properties belonged to one palanisami thevar, the husband of first defendant. ..... though there was evidence to show that palanisami had some ancestral properties and he had sold them under ex. .....

Paramasami Pillai Vs. Sornathammal and ors.

Court : Chennai

Reported in : AIR1969Mad124

..... , has also taken the view that the marriage with an impotent person is not void ab initio and that so long as the wife does not choose to get the marriage annulled under section 12 of the hindu marriage act, she is entitled to be maintained by her impotent husband, i have already said that a distinction between a void contract and voidable contract would not be applicable to a case of marriage and even in a case where the marriage is a nullity it would be necessary for the party complaining nullity of the ..... and deiva pandian's father, it held that the third defendant was a sexless person and though it was disposed to hold that the marriage between her and deiva pandian's father could not be valid it felt bound by the authority to hold that there was a valid marriage, and that in any case the question of the validity of the marriage between the third defendant and deiva pandian's father was one which could have been raised ..... to be the reversioner to the estate of one deiva pandian who died issueless on 6-7-1957 for setting aside a sale deed executed by deiva pandian in favour of the first defendant in the suit and for recovery of the suit properties. .....

S.Sumathi Vs. R.Sharavanakumar

Court : Chennai

..... as i have already pointed out, i.a.no.1924 of 2010 has been filed under section 24 of the hindu marriage act, 1955 (hereinafter referred to as the act) both by the wife and the daughter of the respondent jointly. ..... the income of the respondent, it may seem to the court to be reasonable: provided that the application for the payment of the expenses of the proceeding and such monthly sum during the proceeding, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the wife or the husband, as the case may be.6. ..... the above said proviso to section 26 removes doubt, if any, that pending disposal of the main proceeding between the husband and wife, an interim order in respect of maintenance of the minor children can be made by the court only under section 26 of the hm act.13. ..... , shall, as far as possible, be disposed of within a period of sixty days and similarly, as per proviso to section 26, an application with respect to the maintenance and education of the minor children, pending proceedings for obtaining such decree shall, as far as possible, be disposed of within sixty days from the date of service of notice on the respondent. ..... any such orders and provisions previously made: provided that the application with respect to the maintenance and education of the minor children, pending the proceeding for obtaining such decree, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the respondent.11. .....

Mrs.P.Manimekalai. Vs. R.Kothandaraman ....

Court : Chennai

..... this appeal arises out of the judgment of the family court dated 21.4.2004 made in o.p.no.73 of 2004 on the file of i additional family court, chennai allowing the petition filed by the respondent/husband under sections 13(1-a) and (1-b) of hindu marriage act on the grounds of cruelty and desertion. ..... under section 13(1)(ib) of hindu marriage act, the respondent/husband has to prove (i) that there was desertion for a continuous period of two years immediately preceding the presentation of the petition; (ii) the desertion was without reasonable cause and without the consent ..... the light of the above well settled position, the question now requires to be considered is, as to whether the accusations alleged in the petition by the respondent constitute mental cruelty for sustaining the claim for divorce under section 13(1)(ia) of the hindu marriage act.23. ..... respondent filed petition for divorce on the file of family court, bangalore in o.p.no.203 of 1992 under section 13(1)(1a) of hindu marriage act. ..... whether the ingredients of 13(1) (1b) of hindu marriage act are proved by the respondent and whether the trial court was right in granting divorce on the ground of desertion ..... word 'cruelty" has not been defined in the hindu marriage act. ..... with the petition for divorce on the ground of cruelty has to bear in mind that the problems before it are those of human beings and the psychological changes in a spouses conduct have to be borne in mind before disposing of the petition for divorce. .....

Janaki Vs. V. Sundaram

Court : Chennai

Reported in : (1999)1MLJ546

..... in mulla's hindu law - 17th edition (1998) commenting on section 24 of the hindu marriage act, the learned author has said thus (at page 185):the trial court should not postpone its decision on the application for interim maintenance and costs till disposal of the main issue in the substantive ..... on payment of the entire amount as stipulated above, the family court shall take into consideration the application filed by the wife under section 24 of the hindu marriage act and only after passing orders regarding the interim alimony and litigation expenses, and also compliance of the conditions mentioned above, the main case for divorce shall be taken up for ..... the husband has committed breach of his promise and when that is reminded to the court by filing an application under section 24 of the hindu marriage act, the court should not have simply returned it on the ground that the case is posted for enquiry. ..... the court below, by passing an ex parte decree in spite of the fact that an application under section 24 of the hindu marriage act is pending before it in which these facts are stated, has rendered itself a party to such an ..... was on 23.10.1998, an application was filed under section 24 of the hindu marriage act and also an application for stay of the proceedings.14 ..... whatever amount is paid under section 24 of the hindu marriage act could be adjusted while implementing the order under section 125, crl.p.c. ..... family court is dealing with cases of human problem, and not a property dispute. .....

P.Ravikumar Vs. Malarvizhi

Court : Chennai

..... 16.venereal disease as stated in section 13(v) of the hindu marriage act, 1955 means a communicable infection transmitted ..... not specifically mentioned in the section, when it is proved that a person is afflicted with hiv positive, the other spouse is entitled to file a petition ..... 6.it is submitted by the learned counsel for the appellant that when the hindu marriage act was passed in the year 1995, nobody thought of the disease hiv positive, which was found latter and therefore, the same was not mentioned along with the venereal disease, as stated in section 13(v) of the hindu marriage act and further submitted that hiv positive is also connected with sexually transmitted disease and therefore, even though the disease was ..... malarvizhi @ s.kokila : respondent/petitioner prayer: this civil miscellaneous appeal filed under section 28 of hindu marriage act r/w section 100 c.p.c, against the judgment and decree passed in c.m.a.no.16 of 2007 on the file of the additional district judge, fast track court no.2, salem, dated 31.01.2008, reversing the order and decree in hmop no.37 of 2006, dated 03.04. ..... use of gloves, face shields, proper disposal of needles) among health care professionals and .....

T.Stella Vs. Metropolitan Transport Corporation Ltd.

Court : Chennai

..... learned counsel for the petitioner contended, that bar under the hindu marriage act ceased to be operative after the death of first wife, therefore, her status became that of legally wedded wife, as petitioner continued to live as wife with late husband after the death of first wife, therefore, pension cannot ..... the reading of hindu marriage act shows, that the second marriage, while first spouse is living, is not voidable, but is void, therefore, mere death of first wife cannot result in legalizing the second marriage or give the second wife the status of wife ..... available to the widow of a person during her lifetime, therefore widow will always be the first wife, as there cannot be two widows for a person, as law does not recognize two wives after coming into force of hindu marriage act.18. ..... according to hindu law, the marriage during living spouse is void, and gives no status to the second wife, though children born from such marriage get benefits at par with the legitimate children ..... that prior to retirement, late thulasingam had contracted second marriage with the petitioner on 25.01.1975, while his first wife tmt.a.meena was ..... writ petition is opposed by the learned counsel for the respondents, by vehemently contending, that the petitioner is not entitled to the grant of family pension, because she was admittedly the second wife, therefore, her marriage was void in law. ..... that the second marriage was contracted with the consent of the first wife, who subsequently died on 28.06. .....

Tarun Karthik Vs. Regional Passport Officer

Court : Chennai

..... further the second petitioner had filed o.p.no.3006 of 2011 for restitution of conjugal rights under section 9 of the hindu marriage act, 1955, before the learned ii additional family court and had obtained an order dated 11.06.2012 directing the third respondent herein, the husband to restore comforts by living with the second ..... when the second petitioner had filed o.p.no.3006 of 2011 under section 9 of the hindu marriage act 1955, against the third respondent seeking a prayer for restitution of conjugal rights, this court by an order dated 11.06.2012 had allowed the said o.p.ex parte directing the third respondent husband to ..... filing the writ petition one after the other and when there is a specific categorical order passed by the learned ii additional family court, in o.p.no.3006 of 2011 allowing her application filed under section 9 of the hindu marriage act for restitution of conjugal rights, the petitioner cannot say that she is a single parent and cannot move the application under the capacity as a single parent. ..... once again, since the 2nd petitioner has filed petition for restitution of conjugal rights under section 9 of the hindu marriage act, she cannot be allowed to say that she is a single parent, which she designed to evoke ..... the learned counsel for the petitioners would submit that the marriage between the second petitioner and the third respondent got solemnized on 08.05.2009 at ms.mahal, purasaiwakkam, chennai and out of the wedlock a male child was born to them .....