Judgment Search Results Home > Cases Phrase: hindu marriage act 1955 section 27 disposal of property Page 4 of about 5,335 results (0.118 seconds)

Jai Krishan Pandita Vs. Nana Kumari

Court : Jammu and Kashmir

Reported in : AIR2008J& K21,2008(2)JKJ625

..... section 33 of the hindu marriage act which had been invoked by the respondent for seeking return of her istri dhan and gifted items given at the time of the marriage, opens with the expression 'in any proceeding under this act' and contemplates making of requisite provision in the decree itself regarding the disposal of the property given to the parties at or about the time of their marriage ..... , passing of the impugned order, by the matrimonial court when petitioner's petition under section 13 of the j & k hindu marriage act stood dismissed in default of appearance, cannot be sustained and justified.14. ..... petitioner husband's petition seeking dissolution of parties' marriage by a divorce decree under section 13 of the j & k hindu marriage act, 1980, was pending consideration before learned additional district judge (matrimonial cases) jammu, when the respondent wife filed an application seeking a direction against the petitioner to return her ..... persuade myself to agree with the view of their lordships of the high court of jharkhand that even dismissal of a suit for dissolution of marriage by a decree of divorce, would amount to a 'decree' as contemplated by the provisions of section 25 of the hindu marriage act, 1955.16.the jammu and kashmir hindu marriage act, 1980, which contains similar provisions as that of hindu marriage act, 1955, contemplates four types of decrees which may be passed by a matrimonial court:first decree for restitution of conjugal rights;second, decree for .....

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? .....

Shakti Pershad Vs. Ratna Pershad

Court : Delhi

Reported in : 2003IAD(Delhi)697; 102(2003)DLT756; 2003(66)DRJ580; 2003RLR176

..... ratna, respondent has filed a petition for a decree of divorce against the petitioner shakti pershad on the ground of cruelty under clause (ia) of section 13(1) of the hindu marriage act (the act). ..... it is urged in the instant case that it is the respondent's own case that the petitioner has no earning at all and that he is disposing of his property to meet the expenses and if it is so the petitioner husband could not be said to have 'income' out of which he may be required to pay the pendentilite maintenance to the respondent. ..... petitioner since 1998 he did not have income and that he was only dependent upon his mother but he did not disclose as to whether he had received his share from the sale of any of the ancestral properties or the sale of the land to unitech builders or the sale of the annexe building in new friends colony by his mother. ..... but if the spouse has money in its hand may be by the sale proceeds of any immovable or movable property which he or she is using for meeting the personal expenses or the expenses of the household then that could certainly be taken into account. ..... counsel for the petitioner has strenuously canvassed that in the divorce petition the respondent herself had averred that the petitioner was not earning since 1994 and that he was disposing of the property for running the household. ..... disposal of the properties by him for meeting the expenses has not been denied. .....

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. .....

L.R. Rajendran Vs. Gajalakshmi

Court : Chennai

Reported in : AIR1985Mad195A

..... section 24 of the hindu marriage act 1955 lays down that in arriving at the quantum of interim maintenance to be paid by one spouse to another, the court must have regard to the petitioner's own income and the income of the respondent ..... 24 of the hindu marriage act 1955, this court is of the opinion that the court below had exercised its discretion judicially and justly fixed the quantum of interim maintenance at the rate of rs ..... 24 of the hindu marriage act, 1955 deals with maintenance pendente lite and expenses of ..... -fifth of the net income of the respondent towards interim maintenance is not warranted and the rule has no place in the hindu marriage act, as section 24 itself expressly states that the interim maintenance should be a reasonable amount. ..... aggrieved by the above decision of the court below, the petitioner (husband) has come forward with this civil revision petition inter alia contending that the court below had not property - appreciated the case put forward by him and did not adopt any basis or take into account any acceptable material for granting the relief prayed for by the respondent herein.5. mr. t ..... for fixing the quantum, it is only the 'net' or disposable income of the respondent that should be taken into account. ..... in general, therefore, the husband is bound to defray the wife's costs of any proceeding under .the act and to provide for her maintenance and support pending the disposal of such proceeding. s. ..... 65 of 1982 till the disposal of the main petition o.p. no .....

Urmila Rani (Smt) Vs. Raj Kishan Gupta

Court : Supreme Court of India

Reported in : 1995Supp(4)SCC602

..... the present appellant presented an application under section 27 and another application under section 25 of the hindu marriage act, 1955 (hereinafter referred to as the act). ..... , namely, shri raj kishan gupta filed a divorce petition under section 13 of the hindu marriage act, 1955. ..... appearing for the appellant drew our attention to section 27 of the act which states that the appellant has got a legal right to file an application in any proceeding under the hindu marriage act and accordingly she has done so and, therefore, it is just and proper that the court gives a verdict on her application in respect of the properties listed in annexure a to this appeal, which properties she claims to be as istridhan. ..... , the trial court ought to have entertained the application of the appellant filed under section 27 of the act and disposed of the matter along with the divorce petition.3. ..... district judge set out three questions for his consideration but deleted the second one, and answered the two questions observing that the application under section 27 of the act cannot be taken into consideration for the reason stated in his judgment and that application was not maintainable. ..... we are inclined to allow this appeal and accordingly allow the appeal and direct the court below, before which the divorce petition is pending, to take up the application filed by the appellant under section 27 of the act and dispose of the same at the time of the passing of the decree in the divorce 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 .....

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 .....

V.K.Vasantha Kumari Vs. R Sudhakar

Court : Supreme Court of India

..... the appellant moved an interlocutory application under section 24 of the hindu marriage act, 1955 for grant of interim maintenance in the divorce original petition filed by the ..... in the result, this civil revision petition is disposed of with a direction to the iind additional judge, family court, chennai to dispose of the divorce petition along with application for permanent alimony, that would be filed by the petitioner herein/wife and also the arrears of maintenance on the basis of the details that would be filed by her, within the period stipulated by the hon ble 1st bench of this court, while disposing of the osa no.179 of 2008 on 14.07.06. ..... the appellant, as pointed out above is having two properties at injambakkam and sea shore town worth about rs.2 ..... the said interlocutory application came to be disposed of by an order dated 3.11.2009 by the iind additional family court, chennai granting an amount of rs.24 lakhs as permanent ..... both the appeals were disposed of by a common order dated ..... said order, the appellant herein filed a civil revision being crp (po) no.1168 of 2007 before the high court of madras which was disposed of by an order dated 15.10.2008. ..... , the marriage dissolved by the decree of divorce on the ground of cruelty be and hereby is set aside and the marriage is dissolved based on the no objection endorsement made by petitioner in the petition ..... of the parties filed suit no.677 of 2004 before the high court of madras for partition of the plaint scheduled property.6. .....