Court : Orissa
Reported in : II(2006)DMC619; 2006(II)OLR181
..... 2 decided to dissolve the marriage and to get rid of the litigations and accordingly filed a petition under section 13-b of the hindu marriage act which was registered as civil proceeding no. ..... on the basis of the said settlement the present crlmc has been filed under section 482 crpc with a prayer to quash the proceedings of g.r. ..... para-11 of the said petition, a copy of which has been filed before this court, is quoted below:that, both the petitioners in presence of their family members, amicably settled their disputes to have their marriage dissolved in pursuance to said amicable settlement, petitioner no. ..... 1 will be liable to be proceeded against under the contempt of courts act besides facing other legal consequences.the crlmc is accordingly disposed of. ..... 2 alleging commission of offences under sections 498-a/34 ipc and section 4 of dowry prohibition act, g.r. ..... 2 will not claim any assets, estates, or movable or immovable properties in future against petitioner no. ..... 2 is also agreed that she will disposed for settlement in g.r. ..... in the present case the offences alleged were under sections 498-a/34 ipc and section 4 of d.p. ..... this court is satisfied that there has been an irreparable break down of their marriage. ..... but then it appears that the initial love among the parties has turned to bitterness and they are determined to dissolve the marriage. ..... act. .....
Tag this Judgment!Court : Orissa
Reported in : 92(2001)CLT808; I(2002)DMC172; 2001(II)OLR141
..... the husband-respondent filed a petition under section 13(1) of the hindu marriage act, 1955 read with section 7 of the family courts act before the learned judge, family court, cuttack praying for dissolution of his marriage with the appellant-wife. ..... marriage solemnised whether before or afterthe commencement of the hindu marriage act, 1955 can only bedissolved on a petition presented by either spouse on the groundmorefully specified lender section 13(1) of the said act ..... and better appreciation, some of the evidence is quoted hereinbelow :'the petitioner during subsistence of his marriage with the respondent has kept a lady namely benga and had kept sexual relationship with her. ..... the appellant-wife has filed this civil appeal under section 19 of the family courts act challenging the judgment dated 30th september, 1999 passed by the learned judge, family court, cuttack ..... (ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a period of two years or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which ..... (i) that there has been no resumption of cohabitation as between the parties to the marriage for a period of two years or upwards after the passing of a decree for judicial separation in a proceeding to which ..... respondent-husband has developed illicit relationship with a lady named bengali during the subsistence of their marriage and out of their illicit relationship, two children have been born. .....
Tag this Judgment!Court : Orissa
Reported in : 91(2001)CLT804; 2001(I)OLR42
..... and in view of the restriction imposed by section 14 of the act, we hold that the court below has acted illegally and in excess jurisdiction in entertaining a petition under section 13 of the hindu marriage act for dissolution of marriage before the statutory period of one year ..... filed the aforesaid appeal under section 19 of the family courts act, inter alia, challenging the decree of divorce passed under section 13 of the hindu marriage act read with section 7 of the family courts act by the judge, family ..... section 14 of the hindu marriage act reads as follows :section 14(1) : no petition, for divorce to be presented within one year of marriage ..... after the marriage culminating in filing of a petition under section 13 of the hindu marriage act by the ..... divorce under any of the grounds mentioned in section 13 of the hindu marriage act can be entertained by the court till the period of one year from the date of marriage is elapsed. ..... upon application made to it in accordance with such rules as may be made by the high court in that behalf, allow a petition to be presented before one year has elapsed since the date of the marriage on the ground that the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent, but if it appears to the court at the hearing of the petition ..... however, in view of the fact that we are going to dispose of the appeal on point of law, we do notfeel called upon to go into the disputed questions of facts, lest .....
Tag this Judgment!Court : Orissa
Reported in : 2002(II)OLR419
..... a decree of divorce in case it feels that there are no sufficient ground for granting such relief.section 13(1) of the hindu marriage act provides as follows:'any marriage solemnized, 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 (i) has, after the solemnization of the marriage, had voluntary sexual intercourse with any person other than his or her spouse; or (i-a) has, after ..... in the aforesaid situation, after hearing both the parties, we are of the view that in the fitness of things a decree of judicial separation as envisaged under section 10 of the hindu marriage act be passed instead of a decree of divorce. ..... the appellant being aggrieved by the decree of divorce under section 13(1) of the hindu marriage act, has filed this appeal.4. mr. ..... thus it has to be considered whether in this background can the court pass a decree of judicial separation oh an application for divorce under section 13(1) of the hindu marriage act ?9. ..... marriage act, 1955 directing a decree of divorce in favour of the appellant.2. .....
Tag this Judgment!Court : Orissa
Reported in : 1995(I)OLR118
..... the suit was under section 13(1)(ia) of the hindu marriage act, 1955, which reads as follows :'13 ..... out unnecessary details, case of parties as presented before the learned judicial magistrate, first class, baripada (in short, 'jmfc') is as follows :an application under section 125 of the code was fried by opposite parties before the learned jmfc inter alia stating that opp. ..... whenever a person having sufficient means neglects or refuses to maintain, the persons mentioned in clauses (a)to (d) of sub-section (1) of section 125 of the code, can move a magistrate of the first class, who may upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of such person or persons, at such ..... grant of maintenance to opposite parties on disposal of an application made under section 125 of the code of criminal procedure, 1973 (in short, 'the code') is the subject-matter of challenge in this revision application.2 ..... but in view of the undisputed position that enhancement is permissible after disposal of the application, i direct that the amount shall be enhanced to rs ..... this date in being fixed because the application for maintenance was disposed of by the learned magistrate on 23-11-1993. ..... there is, however, substance in the plea that there cannot be increase in the quantum before disposal of the application. ..... said amount is to be paid in addition to the amount directed to be paid monthly by this order.the revision application is disposed of accordingly. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1977Ori36; 42(1976)CLT974
..... mohapatra contends that on the admitted case of the plaintiff that she married the defendant when she was only 12 years old, the said alleged marriage cannot be treated as a legal marriage as it contravenes one of the conditions for valid marriage laid down in section 5 of the hindu marriage act, mr. ..... , as in the said decisions the provisions of sections 11 and 12 of the hindu marriage act were not taken into consideration. ..... contends that as the plaintiff had not attained the age of 15 years as provided under section 5(iii) of the said act, the alleged marriage is not a valid marriage, and so the plaintiff is not entitled to any maintenance from the defendant. ..... the contravention of the provision of clause (iii) of section 5 of the act may only result in the punishment of the marrying spouses as prescribed in section 18 thereof, but the marriage between them below the age mentioned in section 5(iii) will continue to be valid in law and enforceable in court, and will not become null and void, as contended by ..... of clause (iii) of section 5 does not vitiate the marriage as that is not one of the conditions on which a marriage becomes null and void as provided under section 11 of the said act. ..... the plaintiffs case, in short, is that she is the legally married wife of the defendant; after her marriage in april, 1967, she stayed with the defendant for two years; thereafter the defendant ill-treated and assaulted her; and at last drove her away from his house in 1969and never allowed her .....
Tag this Judgment!Court : Orissa
Reported in : 1997(I)OLR317
..... his petition under section 13 of the hindu marriage act, 1955 for dissolution of his marriage with the respondent-wife having been rejected by the judge, family court, cuttack, the husband appellant has preferred this appeal under section 19 of the family courts act, 1984.2. ..... according to the appellant, as it became impossible for him to live with the respondent and she left the matrimonial home, he is entitled to a decree of divorce under section 13(1)(ia) of the hindu marriage act, 1955.4. ..... no doubt, cruelty is one of the grounds on which the marriage can be dissolved by a decree of divorce, but it is only when a case of cruelty is pleaded and made out by the person pleading the same. ..... it is not disputed by the parties that their marriage was performed on 19-6-1988 and they were blessed with a daughter on 11-7-1989. ..... the husband-appellant claims dissolution of marriage by a decree of divorce on the ground of 'ill-treatment' by his wife. ..... ultimately, on the basis of the search warrant issued by the sdm under section 97, cr pc, she was rescued by the s. i. ..... thus, the court below was right in holding that the husband-appellant has failed to make oaf a case for dissolution of his marriage by a decree of divorce. ..... a bald statement in his evidence that he was ill-treated is not sufficient and cannot be the basis for passing an order dissolving the marriage. .....
Tag this Judgment!Court : Orissa
Reported in : I(2003)DMC44
..... respectively allowing the prayer of the respondent-husband for restitution of conjugal right under section 9 of the hindu marriage act and rejecting the prayer of the petitioner-wife for maintenance under section 125 of the code of criminal procedure.2. ..... such decree of restitution of conjugal rights was passed without waiting for the notice of the appeal, the respondent-husband rushed again to the learned judge, family court with an application for divorce under section 13(1) of the hindu marriage act. ..... with the above direction/observation, the appeal and the revision are disposed of by granting a decree of judicial separation in favour of the respondent and further, we direct him to pay maintenance at the rate of ..... matrix leading to these cases is as follows :the marriage between the appellant and the respondent was solemnised on 26.11.1995 according to hindu rites and customs. ..... of the proceeding the appellant-wife filed an application for interim maintenance under section 125 of the code of criminal procedure in which an amount of rs. ..... proceeding was initiated, the appellant-wife did not find any other way than to file an application for maintenance from the respondent-husband under section 125 of the code of criminal procedure. ..... she has also challenged the sustainability of the order passed under section 125 of the code of criminal procedure.4. ..... the consent of both parties, the civil appeal as well as the criminal revision were taken up for hearing and are disposed of hereunder.5. .....
Tag this Judgment!Court : Orissa
Reported in : AIR2003Ori62
..... 100 of 1994 filed under section 13 of the hindu marriage act. 2. ..... it is alleged by the respondent that on the 4th night of the marriage, he suspected the appellant was pregnant which was subsequently discovered. ..... it is found that the learned judge while disposing of the case directed the respondent to deposit rs. ..... the marriage between the appellant and the sole respondent was solemnised on 11-7-1993 according to hindu rites and customs. ..... he was greatly shocked since prior to the marriage, she had illicit relationship with others. ..... with the above direction, the civil appeal is disposed of. ..... after marriage both the parties lived as husband and wife till 26-9-1993. ..... we have carefully gone through the evidence placed before us and we do not find any credible evidence led by the respondent to establish that the appellant had extramarital relationship with any other person prior to the marriage. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1987Ori251
..... the learned counsel for the petitioner submitted that section 24 of the hindu marriage act is not applicable to a suit for maintenance under the hindu adoptions and maintenance act by the wife for maintenance. ..... wrong nomenclature by mentioning the petition to be one under section 24 of the hindu marriage act would not defeat the relief to the wife and court is not deprived of the exercise of inherent power under section 151.c.p.c. 4. ..... section 24 of the hindu marriage act is not attracted. ..... during the pendency of the suit for maintenance, the wife (plaintiff) filed an application for interim maintenance as well as for litigation expenses purporting to be one under section 24 of the hindu marriage act. ..... this is a suit for maintenance by the wife and requires prompt disposal, trial court shall do well in disposing of the suit before the end of june, 1987.8. ..... as the parties are the same and both the matters arise out of the same suit, i heard them together and dispose of the same in this common judgment.2. ..... it is submitted that a direction should be given to dispose of the suit early. .....
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