Court : Rajasthan
Reported in : AIR1975Raj8; 1974(7)WLN301
..... this appeal is brought under section 28 of the hindu marriage act, 1955, hereinafter to be referred as the 'act' by a husband against the judgment of the learned district judge, ajmer, dated 30-11-1972 whereby the learned district judge passed a decree for judicial separation against the appellant-husband in favour ..... the matter under section 24 of the hindu marriage act. ..... in air 1972 raj 260 which was a case under the hindu marriage act and the ground for judicial separation was adultery, this is what i observed:--'as regards the question whether the adultery on the part of the wife has been established the learned additional district ..... thus, the district judge was certainly in error in firstly, not deciding the application under section 24 of the act promptly, which he should have done, and secondly, he should not have decided the application by the same judgment, as ..... by and large under section 24 of the act applications are disposed of on affidavits in a summary fashion; of course allowing the opposite party to cross-examine the deponents, if he or she so expresses ..... of the husband and it is about the pay and other emoluments of the husband and was, therefore, not material for the determination of any of the issues excepting for the disposal of the application under section 24 of the act for the grant of interim maintenance and expenses of litigation to her.6. ..... spouse as also other circumstances like the income and the property of the spouse, have to be taken into consideration. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1980Raj102; 1979()WLN412
..... this is an appeal against the judgment dated 17-10-1978 passed by the district judge, sri ganganagar, whereby the appellant's petition under section 9 of the hindu marriage act, 1955 (hereinafter referred to as 'the act'), was dismissed and the petitioner-appellant was ordered to pay maintenance to the non-petitioner-respondent for herself and her daughter to the tune of rs. ..... it would appear that the expression 'decree' in these two sections would mean decree granting a relief as provisions are required to be made in such decrees for the custody of children or for disposal of property. ..... for her or his maintenance and support such gross sum or such monthly, or periodical sum for a term not exceeding the life of the applicant as, having regard to the respondent's own income and other property, if any, the income and other property of the applicant, the conduct of the parties and other circumstances of the case, it may seem to the court to be just, and any such payment may be secured, if necessary, by a charge on the immovable ..... appeals against dismissal of the petitions have been filed after amendment of section 28 of the act and they have been heard and disposed of by various high courts in india. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1994Raj167; II(1994)DMC162; 1994(1)WLN61
..... to avoid the petitioner and ultimately filed a petition for divorceunder section 13 of the hindu marriage act, (1955) before the principal judge, family court, lucknow. ..... section 19 of the hindu marriage act, (1955) deals with the court to which petition shall ..... it says that every petition under this act shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction (i) the marriage was solemized; or (ii) the respondent, at the time of the presentation of the petition resides, or (iii) the parties to the marriage last resided together or (iv) the petitioner is residing at the time of the presentation of the petition, in a case where the ..... the learned judge has to record a finding whether the parties to the marriage last resided at jodhpur or lucknow or the the respondent at the time of the presentation of the petition resided at luck-now with the petitioner ..... both these questions the necessary evidence has to be led and a finding has to be recorded whether the parties to the marriage last resided at luck-now or at what place, therefore, this is not a ! ..... now the question is that whether the parties to the marriage last resided at lucknow or not and secondly whether the respondent at the time of the presentation of the petition resided at ..... petition could have been filed at the place where the marriage was solemnized or the respondent at the time of the presentation of the petition resides or the parties to the marriage last resided together. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1973Raj89; 1972()WLN463
..... and is directed against the judgment and decree of the learned district judge, jaipur district annulling her marriage under section 12 of the hindu marriage act, 1955, hereinafter to be referred as the 'act', on the ground of wife's impotency and her consequent incapacity to consummate the marriage.2. ..... of the learned district judge about the impotency of the wife both at the time of the marriage and at the time of the presentation of the petition under section-12 of the act and that the marriage has not been consummated on account of the wife's incapacity.14. ..... and was thus impotent at the time of the marriage and continued to be so till the present proceedings for annulment under section 12 of the act were instituted on 3-7-1969. ..... 279 about the kind of sexual satisfaction and then reached the conclusion that the wife was impotent at the time of marriage and continued to be so till the presentation of the petition by the husband under section 12 of the act and that she had failed to consummate the marriage. ..... rendered possible either by surgery eradicating a malformation of the wife's vagina or on the hypothesis that there was no natural vagina, by surgery creating an artificial vagina, would not prevent subsequent sexual acts amounting to consummation of the marriage. ..... as stated by the doctors and consequently it cannot be said that the husband had succeeded in proving the continued im-potency of the wife at the time of the presentation of the petition under section 12 of the act. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2004Raj128; I(2004)DMC445; 2004(2)WLC306
..... on 15th of july, 1999, the petitioner wife moved an application under section 24 of the hindu marriage act for interim maintenance for herself and for her son. ..... the order on the application under section 24 of the hindu marriage act has been passed on 11th of april, 2001 and i am satisfied that the respondent-husband has deliberately got his petition dismissed for non-prosecution on 1st of june, 2001. ..... the facts of the case necessary for the decision of this revision petition, are that the respondent-husband filed a petition under section 9 of the hindu marriage act 1956 on 3rd of february, 1999. ..... it is true that under section 24 of the hindu marriage act discretion lies with the court as to from which date the interim maintenance is to be granted; it may be granted from the date of filing of the application or from the date of the order or from any other date. ..... under this order the application filed by the petitioner-wife, under section 24 of the hindu marriage act has been decided. ..... the respondent husband acted smart or his advisors are smart one who had advised him to get his petition dismissed for non prosecution.7. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1973Raj3; 1972()WLN654
..... this is a husband's appeal directed against the judgment of the learned district judge, bikaner dated 25-2-1970 whereby the learned judge dis-missed the husband's application under section 10 of the hindu marriage act, 1955, hereinafter to be referred as the 'act', for judicial separation and while dismissing the application the learned judge awarded an amount of rs. ..... the same view has been expressed in cases under the hindu marriage act, in shantaram gopalshet v. ..... rights of the parties with re-gard to all or any pf the matters in controversy in the suit and may be either preliminary or final and it shall be deem-ed to include the rejection of a plaint and the determination of any question within section 47 or section 144, but shall not include (a) any adjudication from which an appeal lies as an appeal from an order, or (b) an order of dismissal for default. ..... the explanation lays down that a decree is preliminary when further proceedings have to be taken be-fore the suit can be completely disposed of and it is final when such adjudication completely disposes of the suit. ..... the income and other property of the applicant and the conduct of the parties, it may seem to the court to be just, and any such payment may be secured, if necessary, by a charge on the immove-able property of the respondent. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1974Raj21; 1973()WLN657
..... ms arguments learned counsel for the appellant also invited attention to section 28 of the act and submitted that this being a case under the hindu marriage act will be governed by this special provision which enables the filing of an appeal against every decree or order that may have been passed under the act, in other words, section 28 is much wider than section 96 civil procedure code under which appeals are filed in civil cases ..... to be observed that in spite of section 4 of the hindu marriage act, abrogating even customary law, to the extent it goes contrary to the provisions of the hindu marriage act it preserves a right recognised by custom or conferred by any special enactment to obtain the dissolution of a hindu marriage vide (section 29(2) of the act).15. ..... in air 1960 raj 304, a division bench of this court, while considering the scope of section 11 civil procedure code, observed that a finding wherein the plaintiff's suit was dismissed could not operate as res iudicata against the defendant because he would have no right of appeal from that, ..... i may next turn to section 28 of the act which the learned counsel for the appellant ..... dismissing the petition under section 9 is not a decree within the meaning of section 23 of the act. ..... this section, no doubt, makes all the decrees and orders made by the court under the act appealable in the like manner as they would be under the law for the time ..... section 28 of the act only indicates what can be appealed against but not who can .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1992Raj33
..... a petition for divorce was filed by the appellant mani shankar under section 13(1) of the hindu marriage act, 1955 (hereinafter referred as the 'act of 1955') in the court of district judge, dungarpur on the ground of adultery as well as on cruelty, which was dismissed by the learned judge vide his order dated ..... ray is a case of hindu marriage act, 1955 petition under section 13(1) for divorce on the ground ..... matter under section 28 of the hindu marriage act read with section 96, c.p.c. ..... the appellant has filed a petition under section 13(1) of the act of 1955 for divorce before the learned district judge, dungarpur on 28-9-83, alleging therein ..... a case under this act of 1955 regarding the standard of proving in the matter of cruelty what it should be and what was held by the learned supreme court as under (at page 1539):the belief regarding the existence of a fact may be founded on ..... brief facts of the case are that mani shankar and radha devi were married according to hindu rites and ritual in the year 1968 and they lived as husband and wife for 14 years but had no ..... a prudent man faced with conflicting probabilities concerning a fact situation will act on the supposition that the fact exists, if on weighing the various probabilities he finds that the preponderance is in favour of the existence ..... allegations and alleged that on the instigation of the brothers kanhaiya lal and harishankar, the appellant has levelled these false charges against her with a view to perform second marriage. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1974Raj93; 1973()WLN809
kan singh, j. 1. this is a husband's appeal directed against an order of the district judge, partabgarh, passed under section 24 of the hindu marriage act. 1955, hereinafter referred to as the 'act', awarding rs. 25/- as alimony pendents lite to the respondent-wife. the orderbeing a short one, i may read it in ex-tenso : 20&6&72 odqyk, qjhqsu gkftj gs a cgl nj[kklr ij lquh xbz aizkfkhz us viuh bude 100a&:- ekfld crkbz gsog vdsyk gs tcfd ukwu &fivh;'kuj dks vius vykok nks ekbuj cppksa dks hkhliksvz djuk imrk gs ukwu&fivh;'kuj dh bude 175a&ekfld; crkbz tkrh gs ,slhifjflfkfr esa ukwu&fivh;'k;j dks fivh'kuj ls 25a&ekfld; crksj esufvuwulisumsuvhykbv fnyk;k tkuk mfpr gs a vr,o vkkk gs fd izkfkhz ukwu&fivh;'kuj dks25a&ekfld; vkt ls ml nj[kklr ds qslys rd nsr jgs a ,dlisul vkwq izksflfmaxtds fy, tc hkh ukwu fivh'kuj dh vko';drk gks nj[kklr is'k djs mlds fy, vyx lsgqde fn;k tk;xk a fely rk- 30&10&72 dks oklrs tokc is'k gks a lgh] hkkuq dqekj tsu] fmlvhdv twt] izrkix
Tag this Judgment!Court : Rajasthan
Reported in : AIR1972Raj303; 1972()WLN296
..... this is a husband's appeal directed against the judgment and decree of the learned district judge, jodh-pur, dated 25-8-69 dismissing the husband's petition under section 10 of the hindu marriage act, 1955, hereinafter to be referred as the 'act', against his wife, the respondent here.2. ..... the learned district judge devoted consideration to the definition of the term 'desertion' and in particular he referred to section 10 of the act according to which this expression meant with its grammatical expression and cognate expression the desertion of the petitioner by the other party to the marriage without reasonable cause and without consent or against the wish of other party and included the wilful neglect of the petitioner by the other party to the marriage. ..... prior to the petition under section 10(1)(a) of the act filed on 12-3-68, the husband had filed an application under section 9 of the act for restitution of conjugal rights, but that application came to be dismissed by the learned district judge, jodhpur on 11-11-65 on the ground that there was positive evidence for showing that the husband had been cruel ..... term 'desertion', according to the explanation in section 10, as i have already observed above, with its grammatical variation and cognate expression means the desertion of the other party to the marriage without reasonable cause and without the consent or against the wish of such party, and includes the wilful neglect of the petitioner by the other party to the marriage. .....
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