Judgment Search Results Home > Cases Phrase: hindu marriage act 1955 section 27 disposal of property Court: karnataka Page 1 of about 585 results (0.107 seconds)

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. .....

Sri Chandrashekhara B T Vs. Smt Rajani H J

Court : Karnataka

..... the husband registers m.c.no.1100 of 2015 invoking section 13(1)(i-a) of the hindu marriage act, 1955 (hereinafter referred to as the act for short) seeking dissolution of marriage that took place on 13-11- 7 2011 by granting a decree of ..... pendency of m.c.no.1100 of 2015, this court has passed the order on i.a.no.5 filed under section 24 and 26 of hindu marriage act, 1955 in which the judgment debtor is directed to pay `25,000/- p.m. ..... the respondent has filed petition under section 9 of hindu marriage act, 1955, for restitution of conjugal rights on ..... the aforesaid observations, the operative portion of the order passed by the concerned court reads as follows: order the petition in m.c.no.1100/2015 filed by the petitioner/husband under section 13(1)(ia) of the hindu marriage act, 1955 is dismissed. ..... produced by the decree holder reveals that the name of the father is there in all rtcs and all the properties are agricultural lands, in which rice and areca nuts were grown.10. ..... from 28.09.2020 till disposal of this execution petition ..... said case is disposed and mfa nos. ..... the interim application filed in the execution petition, allowed the application in part, granting interim maintenance to the wife and the minor child from the date of judgment and decree dated 28-09-2020 till the disposal of the execution petition. ..... from 28-09-2020 till disposal of this case ..... from 22-03-2017 till disposal of the case ..... after disposal of ..... i.a.no.1 of 2023 also stands disposed. ..... the writ petition is disposed of . .....

Sri K Kashinatha Rao Since Dead by His Lrs Vs. Smt K Gayathri

Court : Karnataka

..... view that there should be no distinction between self-acquired property and ancestral property in the light of the interpretation of section 16(3) of the hindu marriage act, 1955, wherein the tenor of the section would indicate that the expression property does not make a distinction between self-acquired property and ancestral property and that such illegitimate children would be on par with legitimate children but only insofar as the properties of the parents are 9 concerned and hence, they would ..... it is seen that since kashinath rao was no more, the property being divided after the amendment to section 6 of the hindu succession act, going by the judgments of the full bench of the bombay ..... pramila associates for respondent no.3; respondent no.4 (a to c) served; vide order dated 7.4.2015 service of notice to respondent no.5 held sufficient) ***** and decree dated this regular first appeal filed under section 96 read with order 41, rule 1 of the code of civil procedure, 1908, against the judgment in o.s.no.11210/1998 on the file of the xxviii additional city civil judge, mayo hall, ..... where a particular view has been taken to hold that the illegitimate children of a hindu father would be entitled to only his self-acquired property and not his ancestral property, whereas striking a different opinion and distinguishing the above said judgments in the case ..... savitri - 1/90th share of the suit property 10 the appeal is allowed and disposed of modifying the judgment and decree of the .....

K. Kashinatha Rao, by LRs. and Others Vs. K. Gayathri and Others

Court : Karnataka

..... a view that there should be no- distinction between self-acquired property and ancestral property in the light of the interpretation of section 16(3) of the hindu marriage act, 1955, wherein the tenor of the section would indicate that the expression 'property' does not make a distinction between self-acquired property and ancestral property and that such illegitimate children would be on par with legitimate children but only insofar as the properties of the parents are concerned and hence, they would succeed ..... it is seen that since kashinath rao was no more, the property being divided after the amendment to section 6 of the hindu succession act, going by the judgments of the full bench of the bombay high court ..... sc 2685, where a particular view bas been taken to hold that the illegitimate children of a hindu father would be entitled to only his self-acquired property and not his ancestral property, whereas striking a different opinion and distinguishing the above said judgments in the case of revanasiddappa and ..... savitri - 1 /90th share of the suit property the appeal is allowed and disposed of modifying the judgment and decree of the trial court ..... the children of the second wife, which is treated as a void marriage in hindu law. ..... (prayer: this regular first appeal filed under section 96 read with order 41, rule 1 of the code of civil procedure, 1908, against the judgment and decree dated 12.11.2010 passed in o.s.no.11210/1998 on the file of the xxviii additional city civil .....

Kishan Vs. Sakharabai

Court : Karnataka

Reported in : ILR1987KAR3422; 1987(2)KarLJ357

..... void under the provisions of the hindu marriage act :(1) section 25, hindu marriage act, confers upon a woman, whose marriage is void or is declared to be void, a right of maintenance against her husband ;(6) this right of maintenance can be enforced by her not only in proceedings under section 25, hindu marriage act, but also in any other proceedings where the validity of her marriage is determined ;(3) this right can be enforced by her not only during the lifetime of her husband-but also after his death against the property of her husband after his ..... disposal of property :- 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 wife.the use of the words 'in any proceeding under this act' in sections 26 and 27 of the h.m.act and the words 'any decree' in section 25(1) of the h.m. ..... hence, it can be stated without any hesitation that the whole gamut of law relating to marriages and the incidences arising out of marriages amongst hindus is covered by the hindu marriage act to the exclusion of all the pre-existing texts, rules, customs or usages or interpretation of hindu law and other laws in force prior to 18-5-1955. .....

Basappa Vs. Siddagangamma

Court : Karnataka

Reported in : II(1992)DMC167; ILR1992KAR1798; 1992(2)KarLJ357

..... , he contested the suit mainly on the ground that the suit as being not maintainable in view of his marriage with the plaintiff as being null and void by virtue of the provisions of section 11 of the hindu marriage act, 1955, which came into force on 18-5-1955 disentitling her claim for maintenance. ..... under the provisions of the hindu marriage act: (1) section 25, hindu marriage act, confers upon a woman, whose marriage is void or is declared to be void, a right of maintenance against her husband; (2) this right of maintenance can be enforced by her not only in proceedings under section 25, hindu marriage act, but also in any other proceedings where the validity of her marriage is determined; (3) this right can be enforced by her not only during the lifetime of her husband but also after his death against the property of her husband after his ..... , provisions regarding maintenance pendente lite, permanent alimony and maintenance, custody of children and disposal of property are found in sections 24, 25, 26 and 27 respectively. ..... 3) nothing contained in sub-section (1) or sub-section (2) shall be construed as conferring upon any child of a marriage which is null and void or which is annulled by a decree of nullity under section 12, any rights in or to the property of any person, other than the parents, in any case where, but for the passing of this act, such child would have been incapable of possessing or acquiring any such rights by reason of his not being the legitimate child of his .....

Smt. Lalithamma and Another Vs. Agricultural Engineer, Karnataka Agro ...

Court : Karnataka

Reported in : I(1999)ACC175; 1998ACJ477; II(1998)DMC503; 1998(4)KarLJ172

..... but, section 16 of the hindu marriage act, very clearly provides that notwithstanding the fact that a marriage is null and void under section 11of the hindu marriage act or is so declared to be null and void, the children born of such marriage shall be legitimate children of his father irrespective of the marriage being null and void. ..... it will be just and proper to quote section 16 of the hindu marriage act which reads as under:'16. ..... no doubt, under the hindu marriage act, the marriage of a second wife during the continuance of marriage and the lifetime of the first wife is prohibited and that may be said to be reducing the position of such a girl who is married as second wife during the life time of first married wife, to be that of a kept mistress. ..... (3) nothing contained in sub-section (1) or sub-section (2) shall be construed as conferring upon any child of a marriage which is null and void or which is annulled by a decree of nullity under section 12, any rights in or to the property of any person, other than the parents, in any case where, but for the passing of this act, such child would have been incapable of possessing or acquiring any such rights by reason of his not being the legitimate child of his parents'. ..... this is an appeal from the judgment and order dated 21-1-1989, delivered by commissioner of workmen's compensation and labour officer, hubli, disposing of an application for compensation under sections 3/4 and 10 of the workmen's compensation act.2. .....

V. Mallikarjunaiah Vs. H.C. Goowramma

Court : Karnataka

Reported in : I(1997)DMC10; ILR1997KAR964; 1997(1)KarLJ570

..... the plea taken up was that section 11 of the hindu marriage act governs the cases whereunder a court may pass a decree of nullity of marriage and it was contended that if the parties are underaged, that section 11 does not prescribe for the passing of a decree of nullity of marriage and that therefore, the petition sets out no cause of action and is liable to be dismissed. ..... it can basically be summarised in the following proposition namely, 'whether a hindu marriage solemnized in breach of the conditions prescribed in sub-clause (iii) of section 5 of the hindu marriage act, namely, the minimum age requirement of 21 and 18 as regards' the boy and the girl, is void, voidable or whether the marriage is to be treated as a valid marriage despite this breach?'2. ..... he, however, submitted that section 11 must be read in addition to section 5 of the hindu marriage act which prescribes the conditions pre-requisite for a hindu marriage. ..... to my mind, therefore, there is considerable substance in the argument that decrees voiding marriages can only be passed on the grounds or in the situations set out in sections 11 and 12 of the hindu marriage act. ..... i do concede that the submission put forward by him does appear to carry conviction initially in so far as he submitted that undoubtedly section 11 of the hindu marriage act prescribed the categories of cases in which a court may pass a decree for nullity of marriage. .....

H.S. Uma Vs. G.K. Sumanth Arya

Court : Karnataka

Reported in : II(1993)DMC174; ILR1993KAR1774; 1993(2)KarLJ529

..... may, 1990 then the matters would have taken altogether different dimensions, but when that is not so and when it was not lawful for the husband to have gone in for the second marriage within the meaning of section 15 of the hindu marriage act and when the delay in preferring the appeal has been condoned by this court, it cannot be said that the appeal should be dismissed as infructuous solely on the ground that if the impugned order is set ..... the way in which the case has been disposed of hurriedly within eleven days from the date on which the case had been posted for filing objections without making any endeavour to find out whether the parties could reconcile their differences indicates that the lower court has abdicated the solemn duty cast on it both under section 9(1) of the family courts act and section 23(2) of the hindu marriage act.9. ..... vilas, 1987 (2) divorce & matrimonial cases 479 relied upon by sri sadashivappa learned counsel for the husband, arising under section 12 of the hindu marriage act, pertaining to annulment of marriage, it was held that the second marriage of the husband after the decree of annulment in the absence of a stay order or prohibitory order was a valid marriage so long as the provisions of section 5 had not been violated. ..... the petitioner filed the petition under section 13(1)(1a) of the hindu marriage act (for snort 'the act') seeking a decree for divorce to dissolve his marriage with the respondent. .....

Tanaji S/o Nayaku Nikam, Vs. Bharati W/o Tanaji Nikam,

Court : Karnataka Dharwad

..... section 5 of the hindu marriage act, 1955, lays down conditions for a hindu marriage which reads thus: ..... (3) nothing contained in sub-section (1) or sub-section (2) shall be construed as conferring upon any child of a marriage which is null and void or which is annulled by a decree of nullity under section 12, any rights in or to the property of any person, other than the parents, in any case where, but for the passing of this act, such child 13 would have been incapable of possessing or acquiring any such rights by reason of his not being the legitimate child of his ..... it is alleged that defendant no.1 has neglected and trying to alienate suit property as he contracted second marriage illegally and hence they filed a suit for partition and separate possession seeking their 1/3rd share in the 1/6th share of defendant ..... now, in view of these, learned counsel for the appellants would contend that certain properties are self acquired properties of appellant nos.2 to 4/defendant nos.2 to 4 and appellant no.1(b) is the legal heir of deceased defendant ..... such circumstances, when there is no specific plea in the written statement, presumption is that, the properties acquired subsequently are with the aid of the joint family properties 10 and as such, they acquire the character of joint family itself. ..... also alleged that the plaintiffs have not impleaded necessary parties and they are no way concerned to the family properties of defendant no.1 and as such, sought for dismissal of the suit. 55. .....