Judgment Search Results Home > Cases Phrase: hindu marriage act 1955 section 27 disposal of property Page 2 of about 5,335 results (0.152 seconds)

Vishwas Narhari Sahastrabudhe Vs. Varda Vishwas Sahastrabudhe

Court : Supreme Court of India

Reported in : 2009(3)AWC2436(SC); 2009(6)BomCR489; 2009(2)SCALE103; (2009)4SCC229

..... made by the high court in the impugned judgment while deciding the issues as directed by the high court and the family court shall decide the same in accordance with law including the question whether section 27 of the hindu marriage act, which deals with disposal of property is applicable in the facts of this case or not.4a. ..... 15 of 2006, by which the decree passed by the family court at pune, granting divorce under section 13 of the hindu marriage act, 1955 was affirmed but had remanded the matter back to the family court for proper determination of issues of permanent alimony and ownership of flat in triveni nagar. ..... 6,00,000/- (six lacs), which has been directed to be paid by the high court to the respondent, is stayed till the disposal of the family court proceeding after remand. ..... the appeal is thus disposed of. ..... the issues that were framed by the impugned judgment of the high court are as follows:(a) whether the original petitioner will in law be entitled to seek declaration as prayed for from family court under family court's act? .....

Kishan Gopal Vs. Smt. Sarswati

Court : Rajasthan

Reported in : 1979WLN555

..... by the husband under section 28 of the hindu marriage act no. ..... . section 27 of the act lays down that with respect to any property presented at or about the time of marriage to both the husband & the wife jointly, on application under the act, the court may make provision for disposal of such property as ..... wife-fnukad 24& dks og vkrs gh eqwg qqyk;s gqos vksj mij tkrs gh [kwvh rkudj lks xbz fkhain rebuttal, the wife has stated that after the compromise -off the petition under section 9 of the act, she went to the house of her husband and reined there for four months, that the child born to her is that of the husband and that his face resembles to that of her ..... 176, their lordships of the supreme court observed as under,-it may be stated at the outset that the presumption which section 112 of the indian evidence act contemplates, is a conclusive presumption of law which can be displaced only by proof of the particular fact mentioned in the section, namely, non access between the parties to the marriage at a time when according to the ordinary course of nature the husband could have been the father of the child. ..... disclosed in the petition, is as follows-that the husband was married with the wife about ten years preceding the date of the filling of the petition (petition was filed on 1-7-1977) according to the hindu rites; that a girl was first born out of this wedlock that the husband reliably learnt that the wife was pregnant; that the husband and the wife had not shared common bed .....

Silla Jagannadha Prasad Vs. Silla Lalitha Kumari

Court : Andhra Pradesh

Reported in : AIR1989AP8

..... to decide this controversy, it is necessary to refer to section 25 and few other sections of the hindu marriage act, section 25 is as follows : -'25. ..... the word 'any relief' occurring in section 23-a has been held to include not only the reliefs mentioned in sections 9 - 13, but also a relief under section 25 of the hindu marriage act.9. ..... in this connection, we may also refer to section 23-a, hindu marriage act, which was introduced in 1976. ..... further, the provisions of section 23-a of the hindu marriage act providing for a counter-claim have not been noticed in the said judgment.14. ..... it is submitted that the reliefs contemplated under section 23-a are the reliefs mentioned in sections 9 - 13 of the hindu marriage act. ..... are made applicable for enforcement of decrees and orders under the hindu marriage act, section 2(2) of c.p.c. ..... 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 ..... the expression 'at the time of passing any decree' used in section 25 only means 'that at the time of disposal of the case'. ..... it is an ancillary power no doubt but ancillary to the main power of disposal of the petition. .....

Asirvadam Samuel Nadar Vs. Raja Jothi and anr.

Court : Chennai

Reported in : II(1998)DMC137; (1997)IIMLJ449

..... there, a division bench of our high court considered the validity of marriage under section 7-a of the hindu marriage act, inserted by section 2 of madras act 21 of 1967 suyamariyadhai marriages, and held thus:'section 7-a (2)(b) validates all marriages to which section 7-a(l) applied and further provides that such marriages even if solemnised at any time before the commencement of the act shall be deemed to have been good and valid in law with effect from the date of such ..... the meaning of the word 'solemnisation' under the hindu marriage act came for consideration in the decision reported in : 1965crilj544 , bhaurao shankar lokhande & anr ..... smine, the learned judge said that the word 'solemnised' in section 5, christian marriage act means 'celebrated' and refers to the ceremony only; the learned judge further said that 'section 5, christian marriage act, deals only with the ceremony and the person who may perform ..... above suit was filed by one kovil pillai nadar, brother of the appellant, seeking partition of the plaint schedule properties and to allot one half share in those items. ..... second appeal is allowed and the judgments of both the courts below are set aside, and the suit is remanded for fresh disposal in the light of the directions given above. ..... 143 of 1955, on the file of district munsif's court, srivaikuntam, claiming partition of her one-third share, which was decreed, and a final decree was passed in that suit, and nesamani ammal obtained physical possession of ..... air 1955 t.c .....

Vinay Kumar Vs. Smt. Purnima Devi

Court : Rajasthan

Reported in : AIR1973Raj32; 1972()WLN698

..... i am confirmed in this by rule 801 (b) of the rajasthan high court rules made under the hindu marriage act, 1955. ..... this is a husband's appeal directed against an order of the learned district judge, jhunihunu, dated 22-12-1971 awarding pendente lite maintenance to the respondent wife under section 24 of the hindu marriage act, hereinafter to be referred as the 'act', during the trial of the application moved by the wife under section 10 of the act for judicial separation.2. ..... allowed the appeal and set aside the order of the subordinate judge and remanded the case with the direction that he shall afford an opportunity to the wife-applicant to take steps to conform to rule 13 of the hindu marriage and divorce rules, 1956 and thereafter he shall call upon the applicant to adduce such evidence as she may think fit and proper in support of her plea. ..... rule 13 of the hindu marriage and divorce rules, 1956 was relied ..... it provides that the application 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. ..... therefore, an application under section 24 has to be disposed of by and large, by way of a summary proceeding and the court need not try the issue at any length ..... she averred in this application that she had no movable or immovable property and had no source of income. .....

Dr. S.P.G. Sundaram and Another Vs. Indu Vedamurthy

Court : Chennai

..... on a plain reading of the section, it becomes obvious the matrimonial court trying any proceedings under the hindu marriage act, 1955, has the jurisdiction to make such provision in the decree as it deems just and proper with respect to any property presented "at or about the time of marriage" which may belong jointly to both the husband and wife. ..... it is relevant to quote the decision reported in air 1997 sc 3562, whereunder, it has been held that the matrimonial court trying any proceedings under the hindu marriage act, 1955, has the jurisdiction to make such provision in the decree as it deems just and proper with respect to nay property presented "at or bout the time of marriage" which may belong jointly to both the husband and wife. 13. ..... section 27 of the hindu marriage act reads thus: "disposal of property-in any proceedings this act, the court may make such provision in proper with respect to any property presented, at or about the time of marriage, which may belong jointly to both the husband and the wife. 10.1. ..... it is her absolute property with all rights to dispose at her own pleasure. ..... a woman s power of disposal, independent of her husband s control, is not confined to saudayika but extends to other properties as well. ..... again the petition has been returned on 17.03.2016 stating that hmop.no.36 of 2014 has already been disposed of on 16.10.2014 and how the petition is maintainable. ..... with the above direction, this civil revision petition is disposed of. .....

Prabhubhai Ranchhodbhai Tailor Vs. Bhartiben Prabhubhai Tailor

Court : Mumbai

Reported in : 2004(3)ALLMR571; 2003(5)BomCR190

..... the wife that the appellant was already a married man at the time of her marriage renders the marriage between the appellant and the respondent null and void under section 5(i) read with section 11 of the hindu marriage act, 1955 and in the light of decision of the apex court in the case of yamunabai ..... section 5(i) read with section 11 of the hindu marriage act, 1955 which provides that if either party to the marriage had a spouse living at the time of the marriage, then such a marriage ..... of the section even on an illegitimate child by express words but none are found to apply to a de facto wife where the marriage is void ab initio'.paragraph 8:'.........we, therefore, hold that the marriage of a woman in accordance with the hindu rites with a man having a living spouse is a complete nullity in the eye of law and she is not entitled to the benefit of section 125 of ..... and hence, the respondent being not a legally wedded wife, the petition under section 18 of the hindu adoption and maintenance act, 1956 is not maintainable and the court had no jurisdiction to entertain the ..... in our country as well as the judicial pronouncements heavily support his conduct and the respondent being his second wife, married during the subsistence of his first marriage, has no status, no security whatsoever in life and she must be either at his mercy or suffer silently, even if she is a victim of his evil designs ..... injunction restraining the husband from disposing of his property, as more particularly set out .....

AshwIn Lal Vs. Aruna Lal

Court : Delhi

..... it appears that the marriage soured and, consequently, the plaintiff filed for dissolution of marriage on, 05.05.2005 under section 13(1)(ia) of the hindu marriage act, 1955 (hereinafter referred to as hm act) on the ground ..... not intend to dilate on the provisions of the benami act extensively, at this stage it is pertinent to note that while, section 4 sub-section (2) provides that no defence based on any right in respect of any property held benami whether against the person in whose name the property is held or against any other person, shall be allowed in any suit, claim or action by or on behalf of a person claiming to be the real owner of such property; sub-section (3) clause (b) of section 4 excludes certain persons from the rigours of sub-section (1) and (2) of section 4. ..... , which apparently led to the filing of the present suit and, to the extent they are relevant for the disposal of the present application are set out hereinbelow: 2.1 the plaintiff and the defendant evidently got married on 13.12.1985. ..... this is more so in view of the fact that while sub-section (1) of section 3, prohibits persons generally from entering into benami transaction, an exception to this general rule is provided in clause (a) of sub-section (2) of section 3, amongst others, in so far as a "wife" or "unmarried ..... in the written statement filed by the defendant, the averments made in respect of the suit property are broadly thus: 10.1 it is contended by the defendant that in 1988 she purchased the .....

Vikrant Khanna vs.nikita Khanna @ Nikita Verma & Anr

Court : Delhi

..... the appellant/husband is aggrieved by an order dated 16.2.2017 passed by the learned family court disposing of an application filed by the respondent no.1/wife under section 24 of the hindu marriage act, 1955 seeking maintenance for herself and the two minor children aged about 14 and 16 years.2. ..... , and she owns immovable properties. ..... accordingly, the order dated 16.2.2017 is quashed and set aside and the application filed by the respondent no.1/wife under section 24 of the hindu marriage act, 1955 is restored for fresh adjudication, on the basis of the material available on the record.7. ..... the appeal is disposed of along with pending applications. .....

Archana Das. Vs. Subrata Das

Court : Kolkata Appellate

..... she also filed an application under section 24 of the hindu marriage act, 1955 for alimony pendente lite for herself, her son and also litigation costs. ..... thakurpukur and the opposite party earns 1/4th share of the rental income from the said property and such income of the opposite is about rs.29,000/- per month. ..... he has become the owner of the many properties and he has the sources of income as stated earlier. ..... case no.3 of 2006 and that was disposed of on july 28, 2009 by passing the impugned order granting alimony at the rate of rs.3,000/- per month for the petitioner, rs.3,000/- per month for her minor son and the litigation costs of rs.8,000/-. ..... amounts other properties, the opposite party and his brothers have a four-storied building at 743, diamond harbour road under p.s. ..... he points out that as per petition for alimony, the husband has many properties at different places. ..... the opposite instituted a suit being matrimonial suit no.230 of 2005 (subsequently renumbered as matrimonial suit no.17 of 2006) before the learned district judge, alipore for dissolution of marriage. .....