Judgment Search Results Home > Cases Phrase: hindu marriage act 1955 section 27 disposal of property Sorted by: old Court: chennai Page 1 of about 402 results (0.086 seconds)

Pattayee Ammal Vs. Manickam Gounder and anr.

Court : Chennai

Reported in : AIR1967Mad254; 1967CriLJ900

..... appeal preferred by the wife against the order of the courts below dissolving her marriage with the first respondent-husband, on a petition filed by him under section 13(1)(i) of the hindu marriage act 1955 for dissolution of the marriage on the ground that the wife has been living in adultery with the ..... 13 of the hindu marriage act so as to entitle the husband to ..... the second respondent, who is already a father of five children, that she was living with him for two weeks in the village, that she and the second respondent executed the marriage agreement, that she sent noticed to her father and her husband and the subsequent cancellation of the agreement, goes to show that the first respondent was anxious to somehow get rid of ..... equally, one would not except an illiterate woman as the appellant to go to an advocate's house soon after the registration of the marriage agreement, and instruct her counsel to cause notices to be issued to her father and her husband, informing them of the life she was going ..... question for consideration is whether the first respondent husband is entitled to get a decree for dissolution of his marriage with the appellant, on the ground that the wife has been living in adultery with the second respondent. ..... , it is alleged by the appellant, her husband, under the protect of providing her some immovable property, took her to the sub registrar office karur, along with pichaikara gounder, the second respondent. ..... necessary for the disposal of this appeal .....

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 .....

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. .....

A.R. Munuswamy Rajoo Vs. Hamsa Rani

Court : Chennai

Reported in : AIR1975Mad15

..... sections 24, 25 and 26 of the hindu marriage act, 1955, appears to be that the court is vested with the power of passing orders, for maintenance of a spouse and for the custody, maintenance and education of minor children of the marriage during the pendency of any proceeding as also on the passing of any decree under sections 9 to 14 of the act. ..... the rigid policy of section 25 of the hindu marriage act, 1955, however, is that a party in whose favour an order for maintenance is passed cannot claim any maintenance under the order if subsequently the party has remarried or has become guilty of sexual immorality; the court has ..... section 25 of the hindu marriage act, 1955, runs as follows--"(1) any court exercising jurisdiction under this 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 ..... 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 and the conduct of the parties, it may seem to the court to be just......... ..... , wrong to contend that the application made by the wife for alimony subsequent to the disposal of the main o. p. ..... contended that an interlocutory application filed for alimony and maintenance after the disposal of o. p. .....

A.R. Munuswamy Rajoo Vs. Hamsa Rani

Court : Chennai

Reported in : (1974)2MLJ237

..... , articles 583, 984 and raydon on divorce, 8th edition, pages 742-43-the rigid policy of section 25 of the hindu marriage act, 1955, however, is that a party in whose favour an order for maintenance is passed cannot claim any maintenance under the order if subsequently the party has re-married or has become guilty of sexual immorality the court has no discretion in the matter; upon the party's re-marriage the maintenance ceases and the court must rescind the order. ..... the scheme of sections 24, 25 and 26 of the hindu marriage act, 1955, appears to be that the court is vested with the power of passing orders for maintenance of a spouse and for the custody, maintenance and education of minor children of the marriage during the pendency of any proceeding as also on the passing of any decree under sections 9 to 14 of the act. ..... 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, if any, the income and other property of the applicant and the conduct of the parties, it may seem to the court to be just .... ..... -it is, therefore, wrong to contend that the application made by the wife for alimony subsequent to the disposal of the main o.p. ..... it is next contended that an interlocutory application filed for alimony and maintenance after the disposal of o.p. no. .....

Rajambal Vs. Murugappan

Court : Chennai

Reported in : AIR1985Mad284

..... 24 hindu marriage act, 1955 is made by the court, where the substantive proceeding is pending enquiry and disposal and ..... section 24, hindu marriage act, 1955 adopts the above principles and goes one radical step further when it lays down that any such order can be made not only in favour of the wife but also in favour ..... hindu marriage act, 1955 ..... hindu marriage act, 1955 ..... 24, hindu marriage act, 1955 on the subject of alimony must necessarily turn on the circumstances of each case and no fixed rules can be expected ..... 24, hindu marriage act, 1955, against her husband murugappan alias kumaresan ..... section 24, hindu marriage act, 1955 (act ..... recognised that when the 'wife has separate means sufficient for her defense and subsistence she should not be entitled to alimony nor costs during the proceeding and if the husband has neither property nor earning capacity, the courts would not award any interim alimony. ..... 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. ..... is entirely depending upon his father and that he has no property or business or any other source of income. ..... the expressions 'respondent' and 'petitioner' in the section obviously refer to the respondent and petitioner to the interlocutory application for alimony pendente lite and for provision for costs and not to the petitioner and respondent to the ..... own any property nor has any income from any property.3. .....

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 .....

S. Rangaraj Vs. R.R. Subbayan and ors.

Court : Chennai

Reported in : II(1990)DMC277

..... its findings that the second plaintiff could not claim legitimacy, granted him a one-third share in the entirety of the joint family properties placing reliance on section 16(1) of the hindu marriage act, 1955 to treat him as a legitimate son. ..... matter of attack by the learned counsel for the first defendant, by pointing out the implications of sub-section (3) of section 16 of the hindu marriage act, 1955, apart from saying that sub-section (1) of section 16 of the hindu marriage act, 1955 itself would not be attracted to the case on hand, because the present case is not one of a marriage being null and void as contemplated in the provision. ..... after all, the question of invalidity of a marriage solemnised in breach of the rule in the proviso to section 15 of the hindu marriage act, 1955, before its deletion by act 68 of 1976 cannot be said to arise only in petitions and proceedings set out and referred to in section 39 of act 68 of 1976 and it may relevantly arise even in other types of litigations continued to be pending between the parties at the commencement of act 68 of 1976, and which involved matters and causes, matrimonial and to deny them the benefits of ..... relating to the provision for the fourth-defendant, that was disposed of in accordance with the compromise between the parties. ..... clear in the order of this court that the documents to be produced are to be kept under sealed cover to be opened only, if additional documents are required for the proper disposal of the appeal. .....

S. Rangaranj Vs. Dr. P.R. Subbayyaan and ors.

Court : Chennai

Reported in : (1990)2MLJ95

..... , despite its findings that the second plaintiff could not claim legitimacy granted him a one-third share in the entirety of the joint family properties placing reliance on section 16(1) of the hindu marriage act, 1955 to treat him as a legitimate son. ..... the subject matter of attack by the learned counsel for the first-defendant, by pointing out the implications of sub-section (3) of section 16 of the hindu marriage act, 1955, apart from saying that sub-section (1) of section 16 of the hindu marriage act, 1955 itself would not be attracted to the case on hand, because the present case is not one of a marriage being null and void as contemplated in that provision. ..... got to be decided as per the amended provisions/decided so, then the prohibition regarding solemnisation of a marriage before the lapse of one year from the date of the decree of divorce, set out in the proviso to section 15 of the hindu marriage act, 1955, has got to be ignored as non-est from the inception and the result is, it is not possible to frown upon the marriage between the first-plaintiff and the fourth-defendant as suffering any legal infirmity so as to make it ..... additional issue relating to the provision for the fourth-defendant, that was disposed of in accordance with the compromise between the parties. ..... has been made clear in the order of this court that the documents to be produced are to be kept under sealed cover to be opened only, if additional documents are required for the proper disposal of the appeal. .....

Mahalingam Pillai Vs. Amsavalli

Court : Chennai

Reported in : (1956)2MLJ289

..... the hindu marriage act xxv of 1955 superseding this local act provides under section 24 for alimony pendente lite, with ..... the special marriage act, 1954 in section 39, the hindu marriage act in section 28 and the madras act vi of 1949 in section 5, provide that all orders made by the court shall be enforced in the like manner as the decrees and orders of court made in the exercise of its original civil jurisdiction are enforced and may ..... the appellate court can exercise the powers of the original court and it can pass the necessary order (see section 107 of the code of civil procedure) or continue the order passed by the lower court till the disposal of the appeal unless the conduct of the party is unreasonable and vexatious or the findings of the lower court show that the appeal is only an engine of ..... the maintenance of the wife will depend upon the status of the parties, the amount necessary to keep the wife in the same comfort and position she enjoyed in the husband's home, the property of the husband, the average net income of the husband during the preceding three years, the deductions allowable to the husband r. v. r. ..... in estimating the independent and sufficient income of the wife derived from the property, service, occupation and other sources, the income of the wife's parents or other relations ..... is that so long as the wife is in law a wife she should be maintained by her husband unless she has property or income. ..... is said to have movable and immovable properties worth rs. .....