Court : Rajasthan
Reported in : 1980WLN(UC)582
..... english, read as under :(1) whether the non-petitioner (wife has deserted the husband for more than two years against his wish and on this basis, the petitioner (husband) is entitled to obtain a decree under section 13(1)(ib) of the hindu marriage act, 1955. ..... this is an appeal under section 28 of the hindu marriage act (no. ..... the husband has filed the petition under section 13 of the act praying for the dissolution of the marriage by a decree of divorce on the ground of desertion by the wife for a continuous period of not less than two years immediately preceding the date of the presentation of the petition.3. ..... she has also submitted a counter claim under section 23a of the act for the relief under section 11 of the act and has prayed that it may be declared that the husband's marriage with smt. ..... even under section 23(1) of the act, the husband is not entitled to the dissolution of marriage by a decree of divorce on account of unnecessary and improper delay.10. ..... explanation to section 13(1) of the act lays down that the expression 'desertion' means the desertion of the petitioner by the other party to 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. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1988(2)WLN618
..... how ever, at the vary outset here, we point out that sub-section (2) of section 23 of the hindu marriage act, 1955 (for brevity 'the act') casts an obligation on the court to consider and to make every endeavour ..... of a petition filed by the respondent, ashok kumar begwani, under section 13 of the hindu marriage act, 1955 for a decree of divorce against the appellant, mrs. ..... facts which may not in another be capable of leading to the same inference; that is to say, the facts have to be viewed as to the purpose which is revealed by those acts or by conduct and expression of intention, both anterior and subsequent to the actual acts of separation one of the essential ingredients of desertion is separation of one spouse from another and there can, therefore, be no desertion while the parties are living together.11. ..... the relations in between the parties were not affectionate and cordial from the very beginning and soon after the marriage, the appellant left away the house of the husband and started living in the house of her brother at ..... similarly, section 9 of the family courts act, 1984 casts duty on the family court to make endeavour in the first instance, to (sic) and presuade the parties in arriving at a settlement in respect of their dispute so that institution of marriage is protected and preserved, and the settlement of dispute is arrived at ..... at calcutta, the marriage of the parties took place according to the hindu rites and customs, and thereafter, the appellant started living .....
Tag this Judgment!Court : Rajasthan
Reported in : 2007(2)WLN258
..... it would be just and proper to mention here that the appellant shall be free to move any application for grant of maintenance under section 25 of the hindu marriage act before the court below so that in case, any case is made out for periodical maintenance or lumpsum maintenance, the court may decide the claim of the appellant after taking evidence because of the ..... the concept of irretrievable broke down of the marriage which is not the ground under section 13(1) of the hindu marriage act appears to have been recognised by the hon'ble supreme court and, therefore, in a recent judgment delivered in the case of naveen ..... against the husband itself cannot be a ground to hold that the wife has committed cruelty against the husband because of the simple reason that the law has been enacted for the benefit of weaker section of the society but when in the garb of that statutory benefit, process is abused, the court can look into the facts and all surrounding circumstances for the purpose of deciding divorce petition ..... stated that she also filed a petition for restitution of conjugal rights but in further cross examination, she admitted that she did not file any petition for restitution of conjugal rights, therefore, the act of filing of criminal case under section 498a ipc is subsequent act of the appellant and has been filed during the pendency of the divorce petition.19. ..... thereafter started giving threats of launching false cases and also started claiming her share in the property. .....
Tag this Judgment!Court : Rajasthan
Reported in : I(2001)DMC501; 2001WLC(Raj)UC212
..... the appellant also filed an application under section 24 of the hindu marriage act before the family court, ajmer. ..... the learned family court framed the following issues to decide the application filed by the respondent-husband under section 13 of the hindu marriage act.(3). ..... as per the respondent, this forced him to file a divorce petition under section 13 of the hindu marriage act. ..... 103/1992, by which, the family court allowed the petilion of the respondent-husband filed under section 13 of hindu marriage ac! ..... therefore, according to hindu customs, the 'gona' (marriage) look place on 26.6.1986 and they lived together as husband and wife at ajmer. ..... the brief facts of the case giving rise of this appeal are that the marriage of the appellant with the respondent was solemnised on 2.7.1978. ..... brother's wife, the brother's family and .other members of the family have stopped visiting the respondent and for this reason, he did not want to live with the appellant and desires dissolution of the marriage by a decree of divorce.(8). ..... at the lime of marriage, the respondent was 11 years of age and the appellant was 10 years of age. ..... 1 to 4 in favour of the respondent and passed the judgment and decree of dissolution of marriage dated 31.1.96.(16). ..... the appellant also preferred a petition under section 125 cr. p.c. ..... and passed the decree of dissolution of marriage.(2). .....
Tag this Judgment!Court : Rajasthan
Reported in : II(1996)DMC695
..... pendency of the above petition, the parties filed a petitioner in the court of district judge, alwar seeking dissolution of the marriage by mutual consent under section 13b of the hindu marriage act, 1955. ..... a gross sum towards permanent alimony and maintenance is paid to a wife under section 25 of the hindu marriage act, the proceeding under section 125, cr. p.c. ..... 000/- towards maintenance to the wife under section 25 of the hindu marriage act, the present petition under section 125, cr.p.c. ..... the basis of mutual agreement a decree of divorce was granted by the learned district judge under section 13b of the hindu marriage act. ..... 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 ..... act may, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purpose by either the wife or the husband, as the case may be, order that the respondent shall pay to the applicant 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 .....
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Reported in : II(2005)DMC365; RLW2005(4)Raj2277
..... vinod agarwal, under section 9 of the hindu marriage act, 1955 (for short, 'the act, 1955') i.e. ..... the respondent wife, on 30.3.2001, filed the petition under section 13 of the hindu marriage act, 1955 in the family court no. ..... clause (iv) of sub-section (2) of section 13 of the act, 1955 provides that wife may also present a petition for dissolution of her marriage by a decree of divorce on the ground that her marriage, whether consummated or not, was solemnised before she attained the age of fifteen years and she has repudiated the marriage after attaining that age but before attaining the age of eighteen years. ..... the appellant husband filed the petition under section 13b of the act, 1955 for dissolution of his marriage with the respondent wife by a decree of divorce by mutual consent. ..... in the joint application under section 13b of the act, 1955 both, the appellant husband and the respondent wife, have given out as if they have not lived together after their marriage. ..... the appellant husband submitted that the respondent wife filed her affidavit in the petition under section 13b of the act, 1955 and therein she stated that they are residing separately for the last nine years.16. ..... where if we go by this statement of the respondent wife, her statements to which reference has been made by the appellant husband in the affidavit filed by her in the divorce petition under section 13b of the act, 1955, that she is living separately for nine years do not appear false one.23. .....
Tag this Judgment!Court : Rajasthan
Reported in : II(2000)DMC426; 2000(3)WLC264; 2000(2)WLN550
a.k. singh, j.1. heard learned counsel for the petitioner and the learned public prosecutor for the state and perused the documents produced before the court.2. the main contention of the learned counsel for the petitioner is that kiran was a major on the date of the alleged incident and that she has been converted herself to islam and married the petitioner and, therefore, no offence is committed by the accused petitioner. reliance has been placed on the affidavit of kiran, attested by the notary public.3. there is nothing to show that the ceremony necessary for conversion to islam has been gone into by kiran before the alleged marriage. the fact indicates that the ceremony as required under the hindu marriage act, was to performed.4. from the facts of the case, it is proper to infer that the accused petitioner developed some intimacy with kiran when she was a minor. where a minor is seduced, misled and her consent is obtained, such consent cannot be said to be a consent in the eye of law, unless it is proved to the satisfaction of the court that after attaining the majority she reconsidered the matter and gave voluntary consent either for conversion to another religion or for marriage.5. having regard to the nature of allegations made in the report and in the facts and circumstances of the case, it does not appear to be a fit case for grant of bail under section 439, cr. p.c. the bail application deserves to be rejected and is hereby rejected.
Tag this Judgment!Court : Rajasthan
Reported in : 2000CriLJ2621
..... circumstances, ultimately a divorce petition was filed under section 13 of the hindu marriage act being petition no. ..... till the divorce decree is not set aside which has incidently not been challenged, earlier marriage stands dissolved and no offence has been committed by the petitioner in remarrying after the said ..... 1 had taken away the petitioner sunita only for attending the marriage in her parent house, it is unimaginable that the complainant who was having very strained relations for the last three years would allow her to take all the ornaments, 30 sarees, ..... the police has only collected the evidence of earlier marriage of february 1988 which fact is otherwise not denied which is clear from the decree of ..... receipt of the said complaint recorded an fir under section 406 and 497, ipc and started investigations.6. ..... proceedings were taken against atul tyagi and the marriage was dissolved by a decree of divorce on ..... alleged that the investigating officer did not go into the facts of the case, nor he had enquired about the marriage by making any enquiries at gaziabad. ..... away her sister on the pretext of some marriage for one month. ..... she is pregnant after the second marriage having a pregnancy of 5-6 months ..... 1 that after the marriage had been dissolved, no relation remained between the petitioner and ..... of atul tyagi resident of jaipur got registered an fir on 21-9-1999 reporting to the police that his former daughter-in-law sunita has entered into a second marriage amounting to adultery. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2000(1)ALT(Cri)11; 2000CriLJ2380
..... it seems that the accused on coming to know that 'r' was going to be married, he filed an application under section 9 of the hindu marriage act on 26-2-1992, on the basis of his alleged marriage with 'r' at agra on 22-2-1989, and also filed a civil suit on 23-11-1993 restraining the prosecutrix to marry again, the notice of which was served on govind ..... pointing out that after the final report was given, an application under section 9 of the hindu marriage act for restitution of conjugal rights was filed by the accused in the family court and even a civil suit was filed by him along with an application under order 39 rules 1 and 2, ..... she surrendered herself to the accused as he used to tell that if she did not act according to his wishes he would show the photographs of rape to her parents and relations and publish ..... for restraining the second marriage of 'r', he contended that the circumstances prompted the first informant to file a protest ..... the meantime, a fresh challan was filed by the police against accused satish chandra and two others for offence under sections 467, 468, 471 and 120-b, i.p.c. ..... accused appellant is acquitted of the charges under sections 376, 366 and 384, i.p.c. ..... case was committed to the court of session where charges under sections 376, 366 and 384, i.p.c. ..... prosecution case further was that the accused and the two others (since acquitted) entered into a criminal conspiracy and fabricated the false documents showing the marriage of the accused with 'r'.3. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2002Raj128; II(2002)DMC182; 2002(1)WLC737
..... 6, 1995 deepak filed a petition in the family court jaipur for the dissolution of his marriage with nidhi under section 13 of the hindu marriage act, 1955 (for short the act) on the ground of cruelty. ..... alternative plea under section 23 of the hindu marriage act 1955 was also averred by nidhi in the written ..... nidhi, the reasons of late filing of divorce petition were, none else but demonstratively establishing that after the death of arvind, his parents left jaipur for bombay, permanently after at once disposing their immovable properties at jaipur with the clear intention of depriving vandana the widow of arvind, of any share in it as per desire in the dying note of arvind dated may 3, 1984. ..... total evidence as discussed above and other facts and circumstances we are constrained to hold that nidhi after marriage, treated deepak with cruelty and she lived a life of adultery and the matter went so far that it is evident that marriage between the parties has irretrievably borken down and there are no chances of their living together. ..... section 13(1) (i) of the act provides that a marriage may be dissolved by a decree of divorce on a petition presented by either the husband or the wife on the ground that the other party after the solemnization of the marriage, had voluntary sexual intercourse with any person other than his or ..... deposed that after seeing the dead body of arvind he initiated proceedings under section 174 and got recorded tha statement of amrit lal yadav and vendana yadav .....
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