Judgment Search Results Home > Cases Phrase: hindu marriage act 1955 section 27 disposal of property Court: orissa Page 3 of about 104 results (0.097 seconds)

Anupama Pradhan Vs. Sultan Pradhan

Court : Orissa

Reported in : 1991CriLJ3216; II(1991)DMC618

..... assuming for the sake of argument that there was any such marriage, the petitioner will not be disentitled to maintenance in asmuch as the hindu marriage act, 1955 does not apply to the parties who are admittedly members of ..... the hindu marriage act, 1955, the same having been solemnised during the subsistence of the marriage of the ..... number of decisions by this court that a proceeding under section 125 of the code is of summary nature and that the intricacies of the law are not required to be gone into and that where the man and woman lived together as husband and wife and treated as such by the community and the man treated the woman as his wife, marriage between them has to be inferred for the limited purpose of section 125 of the code. ..... it is contended by miss mira ghose for the petitioner that the findings of the learned magistrate as to the marriage relationship between the parties as also ill-treatment are perverse and are, therefore, liable to be set aside, being contrary to the ..... was no evidence from the side of the petitioner as to the procedure of the marriage prevalent in her caste and also for non-examination of the priest and barber. ..... through mediator having failed, the petitioner initiated a proceeding under section 125 of the code claiming maintenance at the rate of rs ..... the petitioner in her application under section 125 of the code that the o.p ..... udayagiri, refusing to grant maintenance under section 125 of the code of criminal procedure, 1973 (hereinafter referred to as .....

Harmohan Senapati Vs. Smt. Kamala Kumari Senapati and anr.

Court : Orissa

Reported in : AIR1979Ori51; 46(1978)CLT545

..... point, the contention of the appellant is that section 11 of the hindu marriage act, 1955 envisages that a marriage can be declared to be null and void on a petition to be presented if there is contravention of any of the provisions specified in clauses (i), (iv) and (v) of section 5 of the act. ..... court' has been defined in section 3(b) which means, in any area for which there is a city civil court, that court, and in any other area the principal civil court of original jurisdiction, and includes any other civil court which may be specified by the state government, by notification in the official gazette, as having jurisdiction in respect of the matters dealt within this act.it is not disputed that petitions under the hindu marriage act are to be filed either ..... , it has also been held that the first wife cannot apply under section 11 for declaring the marriage of the second wife as void and that the first wife can file a suit under the ordinary law for a declaration that the marriage of her husband with the second wife is illegal and void under the hindu marriage act. ..... so far as section 11 of the hindu marriage act is concerned, it is a special remedy given to either party to the marriage which was sought ..... lakshmi bai, (1964) 2 andh wr 142, wherein it has been held that under the hindu marriage act, if the marriage of the 2nd defendant with the 1st defendant was performed after coming into force of the act, it would be void and the plaintiff can file a suit in the civil court for a .....

Satya Sundar Das and anr. Vs. Registrar of Hindu Marriages

Court : Orissa

Reported in : AIR1963Ori139; 29(1963)CLT417

..... this is a petition under article 226 of the constitution against the order of the registrar of hindu marriages dated 31-7-1961 dismissing an application filed by the two petitioners for registration of their marriage under section 8 of the hindu marriage act (no. ..... thereby making it clear that that section has no application to proceedings before the registrar of hindu marriages,doubtless sub-section (1) of section 20 does not expressly say that the petition presented under the act (referred to in that section) shall be the petition presented before the district court, but considering the fact that it comes immediately after section 19 and there is a reference to 'claim to relief' in sub-section (1) of that section and also to the fact that in sub-section (2) of that section there is a reference to 'law for verification ..... for these reasons we allow this application, set aside the order of the registrar of hindu marriages, dated 31st july 1961 and restore the application to his the for disposal according to law. ..... xxv of 1955) on the ground that the declaration of absence of collusion, as required by sub-section (1) of section 20 of that act has not been given. .....

Smt. Kanakalata Maharana Vs. Smt. Shantilata Maharana and ors.

Court : Orissa

Reported in : 94(2002)CLT53

..... the family court has not at all applied its mind to the provisions of section 16 of the hindu marriage act and fell into error in holding that only shantilata and her son are entitled to the statutory service benefits of deceased durga charan maharana. ..... thus, we uphold the finding that shantilata married durga charan before kanaklata and that he married kanaklata thereafter and was living with her.section 16 of the hindu marriage act has laid down :'16. ..... it is, however, pointed our that under the provisions of hindu marriage act even if kanaklata is the second wife and marriage is void, the children born out of second marriage are legitimate children and they are entitled to their share in the death benefits of their father. ..... (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 parent.7. ..... in view of the fact that the dispute has been continuing since 1996, we desire that the employer would release the benefits as early as possible after complying with the required formalities.appeal is thus disposed of. m. .....

Tejram Patel Vs. Krutanjali Patel

Court : Orissa

Reported in : 2005(I)OLR707

..... though these are the main grounds on which the suit has been field under section 13 of the hindu marriage act, other grounds have also been taken in the suit for dissolution of marriage.3. ..... the aforesaid two writ applications arise out of a common order granting maintenance under section 24 of the hindu marriage act.2. ..... ), sambalpur, praying for dissolution of marriage on the ground that after solemnization of the marriage he was treated with cruelty and also on the ground that the wife was suffering from mental disorder as a result of which it was not possible for them to stay together. ..... during the pendency of the suit, the wife filed an application under section 24 of the act claiming rs. ..... though there is some evidence placed before the court with regard to the existence of landed properties, it is difficult to say the exact income that may come to the share of the husband from the landed properties. ..... ), sambalpur, be disposed of as early as possible preferably within a period of six months from the date of communication of this order.6. ..... with the above observation and direction, both the writ applications are disposed of. .....

Parwati Dash Vs. Central Administrative Tribunal and ors.

Court : Orissa

Reported in : 1998(II)OLR422

..... under rule 54 (7) of the aforesaid rules, it has been clarified by instructions from the ministry of law that second marriage by a hindu male after the commencement of the hindu marriage act, 1955 during the life-time of the first wife would be a nullity. ..... santilata's stand in essence was that during her life-time, if any marriage was solemnised, the same was a void marriage under section 5(i) of the hindu marriage act. ..... the tribunal examined the documents and came to hold that where an employee entered into a wed-lock during the life time of the wife, the latter marriage had no validity in law, but illegitimate children were entitled to the benefits available in terms of section 16 of the hindu marriage act as amended by act 68 of 1976. ..... 13 which specifically stated that the lady claiming to have married during the life-time of the wife is not entitled to family pension under the hindu marriage at. ..... 8 before the sub-collector, jajpur, who decided that santilata married the deceased in the year 1972 as per the hindu rites and customs, but due to certain differences, santilata remained with her parents. .....

Anirudha Mishra Vs. Dr. Sujata Acharya

Court : Orissa

Reported in : AIR2004Ori1; 2003(II)OLR181

..... the prayer of the opposite party under section 24 of the hindu marriage act for payment of interim maintenance having been allowed at the rate of rs. ..... in that suit an application was filed by the present opposite party under section 24 of the hindu marriage act claiming interim maintenance at the rate of rs. ..... it appears that a suit under section 13 of the hindu marriage act has been filed by the present petitioner for divorce which is pending consideration in the court of the learned civil judge (sr. ..... articles and editorials in different magazines and since she is earning more than the petitioner, it cannot be said that she is not in a position to maintain herself and accordingly a prayer was made to reject the petition under section 24 of the hindu marriage act. ..... it is also stated in the objection that after marriage the opposite party completed her higher studies and obtained ph.d. .....

Smt. Puspalata Rout Vs. Damodar Rout

Court : Orissa

Reported in : AIR1987Ori1

..... this revision by the wife is directed against an appellate decision upsetting an order of the trial court recalling a decree passed by it under section 13b of the hindu marriage act dissolving the marriage between the petitioner and the opposite party by a decree of divorce by mutual consent.2. ..... on 9-2-1982 a joint petition was filed by the parties under section 13b of the hindu marriage act (for short, 'the act') for dissolution of marriage by a decree of divorce alleging that both the parties had fallen out and were living separately since 16-12-1980; the petitioner had deserted the opposite party and was residing at her father's place; attempts to ..... ' this provision was introduced into the hindu marriage act by the amending act (68 of 1976), recognising the principle that two unwilling spouses need not be kept bound to the matrimonial vow where there has been an irretrievable break down of marriage. ..... it only behoves the court not to betray the anxiety and concern of the legislature by disposal of matrimonial cause like any other civil action, for, as section 41 of the evidence act lays down, the final judgment in the matrimonial jurisdiction is a judgment in rem and is conclusive proof of the legal character which it confers, declares or taken away. .....

Siddharth Dixit. Vs. Smt. Sujata Dixit.

Court : Orissa

..... the petitioner may approach the trial court in an application under section 25 of the hindu marriage act for permanent alimony in view of the changed circumstances and in the event, such an application is filed, the trial court shall permit the parties to adduce evidence and determine the permanent alimony on the basis of such ..... at the instance of the wife is not maintainable and the wife can file an application under section 25 of the hindu marriage act claiming permanent alimony.6. ..... in the said reported case, the husband filed a suit for divorce under section 13 of the hindu marriage act. ..... kiran devi reported in air 1997 rajasthan 63, it was held that after an ex parte decree of divorce is passed, if the husband has contracted a second marriage after expiry of appeal period, the petition filed under order 9, rule 13 c.p.c. ..... the husband had contracted a second marriage with another woman on 14.4.1976. ..... after waiting for the appeal period, the petitioner contracted second marriage with another woman. ..... writ petition disposed of ..... the writ application is accordingly disposed of. ..... the petitioner and the opposite party got married on 18.2.1991 as per hindu rites and customs at kolkata. .....

Khageswar Karna Vs. Aduti Karnani and ors.

Court : Orissa

Reported in : AIR1967Ori80; 33(1967)CLT260

..... the husband-plaintiff is the appellant herein from a decision of the district judge of balangir-kalahandi by which he dismissed the plaintiff's application against his wife under section 9 of the hindu marriage act for restitution of conjugal rights. ..... section 9 of the hindu marriage act provides that the court may pass a decree for restitution of conjugal rights if the husband or the wife without any reasonable cause withdraws from the society of the other. ..... the facts briefly stated are these: the marriage took place in 1944; it is said that it was a child marriage in that plaintiff-husband was only 9 years while the wife, defendant no. ..... ; the trial court also found that the plaintiff was impotent at the time of marriage of his wife defdt-1 and still continues to be so. ..... in 1956 there was nuptial ceremony (second marriage), four years before the suit was filed. ..... that these arc good grounds for refusing to pass a decree in favour of the appellant cannot be doubted in view of the provisions of section 9(2) of the said act.6. ..... the wife in the present case admits to have left her husband's house, but pleaded that her husband was impotent and incapable of performing sexual act and also accused him of cruelty. ..... 1 was only 3/4 years at the time of marriage. .....