Judgment Search Results Home > Cases Phrase: hindu marriage act 1955 section 27 disposal of property Page 6 of about 5,335 results (0.259 seconds)

Kamla Vs. Bhagirath

Court : Rajasthan

Reported in : I(1997)DMC344; 1996(1)WLN411

..... the appellant, petitioner wife in the matrimonial case has been granted divorce on her prayer by the learned district judge, ganganagar but she is still dissatisfied by the order under section 27 of the hindu marriage act, 1955 (for short 'the act' hereinafter), passed by the learned district judge as regards the disposal of the property of the couple while granting the decree of divorce. ..... is contended in this appeal on behalf of the appellant that such a narrow view could not be taken of the provisions of section 27 of the act and all the property which could come within the meaning of 'streedhan' could be directed to be disposed of by giving it to the wife under section 27 of the act.section 27 of the act reads as under :27. ..... learned judge took the view that under section 27 of the act, directions could be issued for the disposal of only such property which was given to the bride and the bridegroom as presents or gifts and which is the joint property of the husband and wife. ..... the result, i am not in a position to accept the contention of the appellant that provisions regarding properties which are not joint properties of husband and wife but are separate properties gifted to them at the time of the marriage or thereabout can be made under section 27 of the act. ..... on the plain reading the section empowers the court to make provisions in the decree with respect to any property presented at or about the time of marriage only if such property belongs jointly to both the husband and .....

Sadasivan Pillai Vs. Vijayalakshmi

Court : Kerala

Reported in : 1987CriLJ765

..... application before the sub court, mavelikkara under section 12(1)(b) of the hindu marriage act, 1955 for a declaration that the marriage is null and void. ..... applicable to persons governed by the hindu marriage act, 1955, is to present a petition to the district court by both the parties to a marriage as envisaged in section 13b of the said act. ..... that in the joint application filed under section 13b of the hindu marriage act, the parties have stated thus : 'we mutually agree and consent that neither of us has any claim or right on each other's person or property'. ..... that apart, the relevant clause in the joint application filed under section 13b of the hindu marriage act does not absolve the petitioner of his obligation to pay maintenance allowance to the respondent in the event of her becoming ..... equally unsustainable that on the passing of the decree of divorce pursuant to the joint application under section 13b of the hindu marriage act, the spouses have started living separately by mutual consent. ..... that in the light of the specific agreement between the parties, the terms of which have been incorporated in the joint application under section 13b of the hindu marriage act to the effect that 'we mutually agree and consent that neither of us has any claim or right on each other's person or property', the respondent must be deemed to have relinquished her right, if at all any, for separate maintenance.3. ..... is said that the said application was disposed of by granting a decree of divorce .....

Sardar Surinder Singh Vs. Manjeet Kaur

Court : Jammu and Kashmir

Reported in : AIR1983J& K86

..... one filed by surrinder singh, the appellant herein, under section 9 of the hindu marriages act, 1955, and the other by manjeet kaur, the respondent herein, were disposed of by district judge, jammu, by the consent of the parties, and a decree for judicial separation passed in favour of the respondent against ..... at this stage it becomes necessary to take notice of section 27 which reads as under:'in any proceeding under this act, the court may make such provisions 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 ..... the learned district judge by a separate order passed on her application under section 27, which too came to be passed on the same date on which the main petitions were disposed of by him, directed the superdar to hand over the property entrusted him to the respondent, besides directing the appellant to hand over to her the ornaments weighing six tolas ..... (iii) this power can be exercised by the court only in respect of that property, whether movable or immovable, which is jointly owned by the parties; (iv) that joint property must be such as was presented to them at a time or stage which is in close proximity to the time of their marriage, whether it inpresented at, before or after the marriage; and (v) a provision in regard to such property has to be made in the decree itself that the court may eventually pass in the main proceeding, but not by a separate .....

S. Vanitha Vs. The Deputy Commissioner

Court : Supreme Court of India

..... fourth respondent instituted a petition for divorce5 under section 13(1)(ia) and (ib) of hindu marriage act 1955 before the senior civil judge and judicial magistrate ..... from the shared household; (c) restraining the respondent or any of his relatives from entering any portion of the shared household in which the aggrieved person resides; (d) restraining the respondent from alienating or disposing off the shared household or encumbering the same; (e) restraining the respondent from renouncing his rights in the shared household except with the leave of the magistrate; or (f) directing the respondent to ..... right of making it enforceable against a transferee who had notice of the right; (vi) the expression maintenance in section 2(b) includes provision for residence and a right to reside can be enforced by a senior citizen, if the property is transferred without making a suitable provision for maintenance; and (vii) though the senior citizens act 2007 does not contain an express provision enabling the tribunal to pass eviction orders, the power has to be ..... entitles parents and senior citizens to apply for orders to provide monetary relief for sustenance and maintenance, chapter v contains provisions for protecting the life and property of parents and senior citizens; (iv) the tribunal constituted under the act has been entrusted to issue orders after a summary enquiry, for effective maintenance of parents and senior citizens including relief against neglect, harassment and protection .....

Smt. Suraksha W/O Premsingh Vs. Neeta D/O Padamsing Taji and ors.

Court : Mumbai Aurangabad

..... case of the applicant that, during life time of premsing, the applicant and the deceased premsing moved an hindu marriage petition u/section 13(1)(b) of the hindu marriage act, 1955, on 22nd june, 2008, which was disposed of, as the same could not be materialized for non removal of office objection, and at the end it was assigned dispose of application no. ..... civil application, the applicant is not added as a party then the provisions of section 24 of the code of civil procedure are not applicable to this application because the party to the proceeding only can file application for transfer of proceeding under section 24 of the code of civil procedure and as such this is premature application liable to be ..... it is further submitted that, the issue raised in reply regarding competency of the proceeding under section 24 of the civil procedure code at the hands of applicant is mis-connected, because two different proceedings for compensation arising out of the accidental death of one and same person cannot be allowed to go on before two ..... it is further submitted that, so far as in proceeding under sections 166 and 140 of the indian motor vehicles act, 1988 are concerned, the place of accident has no any material bearing on the presentation of petition before any tribunal, but the place of residence of the deceased and dependents ..... 2009 dated 24th august, 2009, and thereby prayed for heir- ship/succession certificate in respect of immovable and movable properties of deceased premsing. .....

Nalisetty Srinivasulu Vs. Nalisetty Sunandha

Court : Andhra Pradesh

Reported in : 2008(1)ALT6; II(2008)DMC250

..... section 24 of the hindu marriage act, 1955 dealing with maintenance pendente lite and expenses of proceedings, reads as hereunder:where in any proceeding under this act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application ..... , it was averred in the affidavit that the husband is in an affluent position and having landed and house properties worth lakhs of rupees and has been getting rents every month and also getting good agricultural income. ..... income of the respondent, it may seem to the court to be reasonable.provided that the application for payment of the expenses of the proceeding and such monthly sum during the proceeding, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the wife or the husband, as the case may be.8. ..... no doubt true that while deciding the quantum to be awarded in this regard, the court may have to assess the reasonable amount to be paid and it is also true that in this regard under section 24 of the act aforesaid, summary enquiry to be conducted though an enquiry in detail need not be conducted in this regard. ..... the conduct of the revision petitioner/husband is to delay or to procrastinate the matter and from the docket proceedings it would be clear that the revision petitioner/husband had not been co-operating with the disposal of even the main h.m.o.p. no. .....

Rani Devi Vs. Rani Devi

Court : Punjab and Haryana

..... jaswant singh,j(oral).petitioner wife has filed the present transfer application under section 24 cpc for the transfer of petition filed by respondent husband under section 13 of the hindu marriage act,1955 (for short the act . ..... in view of the above, the present petition is allowed, the petition under section 13 of the hindu marriage act,1955 (for short the act . ..... ta 137/2013 (o&m) #2# thereafter, the respondent husband filed a petition under section 13 of the act with a view to harass the wife by taking the plea of being resident of his ancestral home in district jind, which, as noticed above, is pending in the court of learned addl. ..... after hearing learned counsel for the parties, it is apparent from the order dated 28.4.2011 (p.1) passed by the learned jmic, kurukshetra that the respondent-husband was engaged in the business of property dealing and he also filed his income tax returns at panchkula-chandigarh. ..... district judge-ii, jind is ordered to be withdrawn and transferred to the district courts, kurukshetra for disposal in accordance with law from the stage of withdrawal. ..... it is stated that the marriage between the parties was solemnized on 23.8.1988 at village saguna, districte kaithal. ..... petitioner-wife is alleged to have filed a petition for maintenance under section 125 cr.p.c at kurukshetra. ..... he was engaged in the business of property dealing. ..... the husband is stated to be resident of panchkula where he faced criminal trial under immoral trafficking act, 1956. .....

Rashmi Vs. Deepender Verma

Court : Delhi

..... this order shall dispose of an application filed by the appellant s wife for grant of an interim maintenance under section 24 of the hindu marriage act to the tune of rs.75,000/- towards litigation expenses and rs.90,000/- per month as maintenance for herself and her minor child.2. ..... i accordingly allow the application of the appellant under section 24 of the hindu marriage act and direct with the direction that a sum of rs.10,000/- each to be paid to the appellant and her son by way of ad-interim maintenance so that they can maintain a decent standard of living. ..... the respondent has also denied the factum of earning rs.55,000/- by way of rentals from his immovable properties and has further stated that he does not own any agricultural land in his name. ..... it has also been stated that the respondent is also receiving a sum of approximately rs.55,000/- per month as income from rent of immovable properties including agricultural income from the land owned in his name. ..... she has also given the details of some of the properties owned by the respondent.7. ..... shali cm no.11216/2012 (under section 24 of the hma act, 1955) 1. ..... with this order, the application for grant of maintenance stands disposed of.15. ..... 18,333 in totality, as salary and rentals from the immovable property. .....

Ch. Sri Rama Murthy Vs. Ch. Rajyalakshmi

Court : Andhra Pradesh

Reported in : 2003(4)ALD563

..... the learned counsel further submitted that even in view of section 21a of the hindu marriage act, 1955 (hereinafter referred to as 'act' in short) inasmuch as the o.p. ..... 215 of 2001 filed for judicial separation on the file of the principal senior civil judge, rajahmundry, had been referred to section 21a of the act operates in the specified field provided the said conditions enumerated in the said provision are satisfied. ..... 487 of 2002 on the file of the family court, visakhapatnam, in view of the clear language of section 21a of the act since the ground which will be referred to in a proceeding for judicial separation and a proceeding for divorce virtually will be one and the same, it is always desirable and advisable that the same court should try ..... 51 of 2001 on the file of the second additional judicial first class magistrate, rajahmundry is a maintenance proceeding filed under section 125 of the code of criminal procedure by the wife which cannot be transferred by exercising powers under section 24 of the code and hence definitely the transfer cmp so far as it relates to praying for the transfer of m.c.no. ..... it was also explained that the respondent/wife has no property or source of income and that is the reason why she has filed m.c.no. ..... the facts in brief for the purpose of disposal of the transfer cmp may be narrated as hereunder:6. .....

Maneet Kaur Vs. Devinderpal Singh and Others

Court : Punjab and Haryana

..... 5897 of 2010, order dated 21.8.2010 passed by the learned additional district judge, patiala in an application filed by the petitioner-wife under section 24 of the hindu marriage act, 1955 (for short, the act), in a petition for divorce filed by respondent devinder pal singh under section 13 of the act, is under challenge and the prayer is for enhancement of maintenance. 3. ..... parties to lead evidence, in my opinion, it can be resolved that whatever maintenance is finally fixed by the court in the complaint filed by the petitioner-wife under the domestic violence act, which was filed in august 2010 and the entitlement of the petitioner for maintenance under section 24 of the act is from april 2010 to august 2010, the same amount shall be payable from april 2010 onwards which will take care of the entitlement of the petitioner even ..... 5897 of 2010 arising out of an order passed by the learned additional district judge, patiala, determining maintenance in an application under section 24 of the act is concerned, the relevant period is merely from april 2010 to august 2010, for which rs.10,000/- was fixed as maintenance, which has already been paid by the respondent-husband to the petitioner wife. ..... the respondent-husband belongs to a well known jeweller family of patiala, who owns property worth crores of rupees. ..... this order will dispose of civil revision nos. ..... the petitions are disposed of. .....