Judgment Search Results Home > Cases Phrase: hindu marriage act 1955 section 27 disposal of property Court: orissa Page 1 of about 104 results (0.139 seconds)

Mansaram Sharma Vs. Saraswati Devi

Court : Orissa

Reported in : AIR1977Ori55; 42(1976)CLT969

..... counsel for the appellant, contends that the said petition filed by the respondent in the court below is not in accordance with rule 13 of the hindu marriage and divorce rules, 1956 framed by the orissa high court under the hindu marriage act, 1955, and so it was not within the jurisdiction of the court to entertain the said application. ..... petition under section 24 of the hindu marriage act was filed ..... in this suit the respondent filed a petition under section 24 of the hindu marriage act for directing the appellant to pay her ad interim ..... custody, maintenance and education expenses of minor children shall state the average monthly incomes of the petitioner and the respondent, the sources of these incomes, particulars of other movable and immovable property owned by them, the number of dependents on the petitioner and the respondent, and the names and ages of such dependents. ..... appearance of the respondent in the court below) till the disposal of the suit, and rs. ..... the counsel appearing for both the parties the appeal is taken up for hearing and on hearing them at length this appeal is disposed of by the following order: 2. ..... the arrear maintenance amount calculated at that rate from 10-5-1972 and shall continue to pay the same till the disposal of the suit. ..... of the appellant to pay interim maintenance and litigation expenses as mentioned in the impugned order was made under pressure exerted by the court below, and so this court should not act on the basis of the said concession. .....

Pradipta Kumar SwaIn Vs. State of Orissa and ors.

Court : Orissa

Reported in : II(2005)DMC697; 2005(II)OLR277

..... certain terms and conditions and filed an application under section 13-b of the hindu marriage act. ..... by the high court over the judgments or orders of inferior courts, thus excluding from the purview of this exception all judgments and orders passed by the high court as art appellate court.section 430 does not in terms give finality to the judgments of the high court passed in exercise of its revisional jurisdiction, but the same principle would apply whether the high court is exercising ..... order of conviction and sentence of the accused persons and directed re-hearing of the criminal appeal, can this court quash the proceeding of the criminal case taking recourse to section 482 of the code of criminal procedure at the cost of repetition i may state here that there is no matrimonial link between the parties and they have settled their dispute. ..... i have re-married in march, 1998 and have been blessed with a daughter in february, 2001 out of the said wedlock.3) that further continuance of the above noted appeal which is pending disposal being remanded for additional evidence after the conviction was set aside by the hon'ble court in crl. ..... and also in cash as mentioned in annexure-1 to this petition in presence of the court towards all her present and future claim including the share in the ancestral and self-acquired properties of the petitioner and the alleged streedhan or dowry articles said to have been given before or at the time of or at any time subsequent to their marriage. ..... 1955 .....

Kiran Kumar Parida Vs. Praveena Samal

Court : Orissa

..... two applications were filed before the judge, family court, cuttack, one is under section 13 of the hindu marriage act bearing civil proceeding no.478 of 2004 filed by the husband-appellant for dissolution of marriage by decree of divorce on the ground of cruelty and desertion and the other is civil proceeding no.482 of 2008 under section 9 of the hindu marriage act,1955 filed by the respondent-wife for restitution of conjugal rights.4. ..... hindu marriage act, 1955 (act no.25 of 1955. s.13 (ia) ..... in order to substantiate his claim in his application under section 13 of the hindu marriage act the husband-appellant examined as many as four witnesses and marked three documents as exhibits ..... it is alleged in the application under section 13 of the hindu marriage act that after some days of marriage it was detected that the respondent-wife was physically handicapped having been affected by polio disease and she was suffering from genetical and gynecological problems along with lucodoma (white patches) ..... subjected to mental and physical cruelty and desertion due to conduct of the respondent-wife and held that the husband-appellant is not entitled to get the decree of divorce and also allowed the application under section 9 of the hindu marriage act against the husband-appellant.9. ..... another application under section 9 of the hindu marriage act was filed by the wife-respondent for restitution of conjugal ..... both these two appeals are heard analogously and disposed of by this common judgment.3. .....

Dr. Padmini Mishra Vs. Dr. Ramesh Chandra Mishra

Court : Orissa

Reported in : AIR1991Ori263; 70(1990)CLT673; II(1990)DMC408

..... the case made out by the plaintiff in the plaint that no other forum save and except the forum in india having jurisdiction to entertain proceedings under the hindu marriage act 1955 is competent to pass a decree of divorce is not acceptable in law. ..... that the relationship of marriage governed by the hindu marriage act, 1955 can be dissloved by foreign decree of divorce has been long recognised by the courts in india.the decision reported in air 1975 sc 105 (smt. ..... the hindu marriage act was amended in 1976 introducing a provision for divorce by mutual consent in section 13b. ..... this appeal arises out of a suit filed by the wife for obtaining a decree of divorce under section 13 of the hindu marriage act. ..... intention of getting a decree of divorce from the other and that the only objection taken on behalf of the present appellant was that the court at new york being not a court empowered to entertain application under section 13 of the hindu marriage act, the proceeding for divorce should be instituted in india in a court of competent jurisdiction. ..... ) when this appeal was placed for admission, the respondent entered appearance through advocates and both parties prayed for final disposal of the appeal at the stage of admission saying that a complaint case has been filed by the mother of the present appellant against the respondent and his old father alleging that the respondent is guilty of bigamy ..... was called for and this appeal was heard at length for final disposal of the appeal.2. .....

Tankadhar Nath Vs. Prabhabati Nath

Court : Orissa

Reported in : I(1991)DMC336

..... under the provisions in section 11 of the hindu marriage act, 1955 read with those in section 5 of the act any marriage solemnized after commencement of the act shall be null and void if either party has a spouse living at the time of the marriage. ..... , reported in air 1988 sc 644 wherein the court in categorical and unequivocal terms held that the second marriage in such circumstances is null and void and cannot be treated as voidable under section 12 of the hindu marriage act, notwithstanding the fact that the wife was not informed about the husband's earlier marriage when she married him.10. ..... in such circumstances, in my view, it was incumbent on the part of the learned magistrate to record a finding whether the marriage between the parties in the proceeding could be said to be void according to the provisions in section 11 read with section 5(i) of the hindu marriage act. ..... is liable to be dismissed on the simple ground that the alleged marriage of the opposite party with the petitioner is a void one as provided under section 11 of the hindu marriage act. ..... accordingly, the revision petition is allowed, the impugned order dated 23-4-1988 passed by the learned magistrate is set aside and the case remitted to him for fresh consideration and disposal (sic) accordance with law in the light or the principles discussed in this judgment. ..... however, i would not like to delve into the matter further since i propose to remit the case to the magistrate for reconsideration and fresh disposal.13. .....

Sabitri Senapati Vs. Judge, Family Court and anr.

Court : Orissa

Reported in : AIR2004Ori75; 97(2004)CLT251; 2004(I)OLR194

..... mahitosh sinha, learned counsel for the appellant, submitted that a marriage can be dissolved on the grounds mentioned in section 13(1)(i) of the hindu marriage act only if one of the spouses has ' after the solemnization of the marriage had voluntary sexual intercourse with any person other than his or her spouse'. ..... 2 has discharged his onus and has satisfied the ingredients of section 13(1)(i) of the hindu marriage act justifying dissolution of marriage between the parties is thus perverse and should be set aside. ..... 2 has discharged his onus and has satisfied the ingredients of section 13(1)(i) of the hindu marriage act justifying a decree for dissolution of marriage between the parties and passed a decree of divorce dissolving the marriage subject to payment of rs. ..... mohanty referred to section 15 of the hindu marriage act which provides that if a marriage is dissolved by a decree of divorce and the time for appealing has expired without any appeal being presented, it shall be lawful for either party to marry again. ..... he further submitted that in any case there is no evidence whatsoever that the appellant had any sexual intercourse with pramod kumar senapati either before or after the marriage and that evidence of some relationship between the appellant and pramod kumar senapati before marriage does not satisfy the ingredients of section 13(1)(i) of the hindu marriage act. mr. .....

Smt. Bijaya Lakshmi Kundingi Vs. Kamala Lochana Kundingi

Court : Orissa

Reported in : AIR2005Ori120; 100(2005)CLT88; II(2005)DMC575; 2005(II)OLR23

..... 8 of 1987 before the learned civil judge (senior division), parlakhemundi under section 9 of the hindu marriage act, 1955 for restitution of conjugal rights. ..... , whether in the event the decree passed by the courts below is confirmed in the second appeal, the appellant-wife should be granted permanent alimony and maintenance as provided under section 25 of the hindu marriage act, 1955 (hereinafter referred to as the 'the act').8. mr. ..... she, therefore, stated in the written statement that under section 23(1)(a) of the hindu marriage act, the husband is precluded from taking advantage of his own wrong and hence even though the prescribed period of one year lapsed after the decree for restitution of conjugal rights, without any reunion/restitution, the husband is not entitled to a decree for divorce under section 13(1-a)(ii) of the hindu marriage act.5. ..... 12 of 1991 praying for a decree for dissolution of marriage by way of divorce under section 13(1-a)(ii) of the hindu marriage act, on the ground that even after lapse one year there has been no reunion between the parties pursuant to the decree for restitution of conjugal rights. ..... after hearing the suit, the trial court came to the finding that the husband is not guilty of any 'serious misconduct' disentitling him to seek dissolution of marriage to which he is legally entitled to under section 13(1-a)(ii) of the hindu marriage act and decreed the suit by dissolving the marriage between the parties. .....

Namita Patnaik @ Mohanty Vs. Dillip Kumar Pattnaik

Court : Orissa

Reported in : I(2002)DMC248

..... a is a genuine document, the recitals to the effect of marriage in 'gandharba' form being not in consonance with the requirements of section 7 of the hindu marriage act, the marriage* cannot be accepted. ..... section 7 of the hindu marriage act stipulates the ceremonies to be performed for a hindu marriage which is quoted below :'7. ..... no particular form of 'saptapadi' has been stipulated in the hindu marriage act and the 'gandharba' form of marriage is also one of the accepted principles of marriage in certain communities. ..... the next vital question which needs for determination in the present appeal is as to whether the marriage between the appellant and the respondent was solemnised in accordance with the hindu marriage act. ..... kar, learned counsel for the respondent, submitted that in the present case there is not only lack of pleading regarding the customs prevalent but also there is no pleading regarding performance of saptapadi which is an essential ingredient of hindu marriage act. ..... under the hindu law, a marriage may be completed, by performance of ceremonies, those are referred to in the section, so far as they are allowed by custom of the particular caste and community to which the parties belong. ..... 'law is well-settled that a hindu man and woman who are major, are competent to get married under the act and all that is insisted upon for the purpose of solemnization of the marriage is, it must be in accordance with the customary rites and ceremonies of either party to the marriage. .....

Anupama Misra Vs. Bhagaban Misra

Court : Orissa

Reported in : AIR1972Ori163

..... on 20th of january, 1958, the respondent (husband) initiated proceedings under section 10(1)(f) of the hindu marriage act, 1955, praying for a decree for judicial separation. ..... this ground is covered by section 10(1)(f) of hindu marriage act 1955. ..... , but it was treated as one under section 10(2) of the hindu marriage act, and disposed of as such. ..... for the aforesaid reasons, i would also set aside the decree for divorce and remit the same to the lower court for a fresh disposal in accordance with law having in mind the principles and doctrines indicated above. ..... the commission of adultery after 9-9-61 has, in my opinion, in view of the aforesaid aspects and circumstances, not been appropriately disposed of in the light of the legal principles regarding the onus and standard of proof. ..... 1/63, is, therefore, allowed, and the decree for judicial separation is rescinded, and the matter is remitted to the court below for disposal in accordance with law, and in accordance with the observation made above.11. ..... this petition shall be sent down to the lower court along with records and the lower court shall dispose of it by passing appropriate orders thereon. ..... 1/63 and both proceedings were disposed of by a common judgment by the 1st additional district judge of cuttack. ..... in the result, therefore, both the appeals succeed and the decisions of the court below are set aside and both the matters are remitted back to the lower court for disposal in accordance with law. .....

Edla Neelaya and ors. Vs. Edla Ramada Alias Ramadas and ors.

Court : Orissa

Reported in : 78(1994)CLT543; I(1995)DMC19

..... under section 11 of the hindu marriage act, 1955. ..... therefore, after coming into force of the hindu marriage act, 1955, there is no scope for a divorce except by an order of the court as provided in the said act. ..... unless custom of the family provides otherwise there is no scope for a divorce by mutual consent after coming into force of the hindu marriage act, 1955. ..... ray submitted that under section 16 of the hindu marriage act, offsprings of a void or voidable marriage are legitimate children and have equal share along with other legitimate children and accordingly, defendant nos. ..... there can be no doubt that legitimate and illegitimate children both heve share in the properties of their father in view of section 16 of the hindu marriage act. ..... it goes without saying that plaintiff shall be entitled to accounts of the properties to share profits arising out of the same if applied for in the final decree proceeding.16. ..... in the final decree the amount of consideration paid for those properties shall be determined and plaintiffs would be allotted lands out of the share of defendant no. ..... panda submitted that trial court is not correct in excluding 'd' schedule properties from partition on the finding that they are acquisitions of defendant no. 2. ..... when an application for stay of final decree proceeding was filed on behalf of the appellants, i directed that the appeal may be finally disposed of dispensing with preparation of paper books. .....