Judgment Search Results Home > Cases Phrase: hindu marriage act 1955 section 5 conditions for a hindu marriage Page 1 of about 17,493 results (0.265 seconds)

Shri Varun Sharma Vs. the State (Nct, Delhi) and ors.

Court : Delhi

..... 3 filed a petition for dissolution of marriage by a decree of nullity under sections 5 and 12 of the hindu marriage act, 1955 in the month of ..... has held that a, prima facie, case was made against the petitioner for having committed offence under sections 406 read with section 120-b ipc and he be charged accordingly by the trial court. ..... metropolitan magistrate, new delhi (acmm), praying therein that petitioner and respondent no.3 be summoned tried and punished for the offences under sections 406/415/419/420/463/468/469/471 ipc. ..... had issued a cheque for `6,500/- against part payment of arrears to shri anil kaushik in the month of december 1998, which had been returned dishonored and a complaint case under section 138 of the negotiable instruments act, 1881 was pending ..... above discussions, present petition is allowed and impugned order directing framing of charge against the petitioner for offences under sections 406 read with 120-b ipc is set aside. ..... prayed for quashing of the fir at the initial stage; whereas present revision petition has been filed challenging the order of the additional sessions judge whereby it has been held that a, prima facie, case was made out against the petitioner for framing of charge under section 406 read with section 120-b ..... rightly arrived at a finding on the basis of material placed on record of trial court that a, prima facie, case was disclosed against the petitioner for having committed the offences under section 406 read with section 120-b ipc. 7. .....

Smt. Santosh Kumari Vs. Surjit Singh

Court : Himachal Pradesh

Reported in : AIR1990HP77,1990CriLJ1012

..... section-5 of the hindu marriage act, 1955, lays down the conditions for a hindu marriage and it clearly provides that a marriage may be solemnised between any two hindus, if the conditions mentioned in that section ..... illegal and against the clear provisions of the hindu marriage act, 1955.8. ..... such elementary principle of law and it is a gross mistake on his part to have ignored such principle of law and to have given a decree contrary to the provisions of hindu marriage act and perpetuate a criminal offence of bigamy punishable under the indian penal code.11. ..... has clearly ignored the provisions of the hindu marriage act as well as the indian penal code ..... grant declaration to the effect that due to ill and weak health of the plaintiff and thereby unable to satisfy the sexual desire of the defendant, the defendant is permitted to solemnise second marriage and the plaintiff will be entitled to be called as legally wedded wife of the defendant who will provide the plaintiff and his daughter all amenities like clothings, boarding lodging till death and ..... condition is that neither party should have a spouse living at the time of marriage ..... section 494 of the indian penal code makes the act of marrying again during life time of husband or wife as an offence punishable with imprisonment of either description for a term which may extend to seven ..... had taken place between the parties or their marriage had been declared void by any competent court of law before filing the present suit for declaration. .....

Megh Prasad Vs. BhagwantIn Bai

Court : Chhattisgarh

Reported in : 2009(2)MPHT91(CG)

..... both the parties are governed by hindu law, as such the hindu marriage act, 1955 (for short 'the act, 1955'). ..... section 5 of the act, 1955 deals with conditions for a hindu marriage. ..... section 5(i) reads as follows:a marriage may be solemnized between any two hindus, if the following conditions are fulfilled, namely:(i) neither party has a spouse living at the time of the marriage.section 11 of the act, 1955 deals with void marriages, which reads as follows:any marriage solemnized after the commencement of this act shall be null and void and may, on a petition presented by either party thereto against the other party, be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v) of section 5.8. ..... (4) nothing contained in this act shall be deemed to affect the provisions contained in the special marriage act, 1954 (43 of 1954) with respect to marriages between hindus solemnized under that act, whether before or after the commencement of this act.in accordance with section 29(2) of the act, 1955, hindu marriage may come to an end by dissolution by a recognized custom.9. ..... any hindu marriage may dissolve by a decree of divorce in accordance with section 13 of the act, 1955 and there is no other form of divorce in the act, 1955. .....

Subhankar Mukherjee Vs. Rakhi Mukherjee Nee Banerjee

Court : Kolkata

Reported in : AIR2009Cal5

..... relying on the aforementioned judgment, he submits that the question of maintenance in such a case would not arise, since the necessary condition for a lawful marriage, as laid down under section 5(1)(i) of the hindu marriage act, 1955 is that neither party should have a spouse living at the time of marriage. ..... learned advocates appearing on behalf of the parties and upon perusing the instant application and the impugned order, i find that the learned court below was called upon to decide an application filed by the wife for grant of alimony pendente lite, under the provision of section 24 of the hindu marriage act, 1955 and was never called upon to decide on the factum of marriage, as is the case made out by the husband, in his application under ..... . the point involved in that case was whether a hindu woman, who was married, after coming into force of the hindu marriage act, 1955, to a hindu male, having a living lawfully wedded wife, could maintain an application for maintenance under section 125 of the code of criminal procedure, 1973 ..... the above observation makes it clear that the judgment of the hon'ble supreme court has no manner of application at all in the facts of the instant case, which arises out of an order passed by a court, not in an application under section 125 of the code of criminal procedure, 1973, but in a proceeding under section 24 of the hindu marriage act, 1955 for grant of alimony pendente lite .....

Rakesh Gautam and Others Vs. State of Chhattisgarh

Court : Chhattisgarh

..... section 5 of the hindu marriage act, 1955 provides conditions for solemnization of marriage between hindus which reads as follows: -"5. ..... clause (iv) of sub-section (2) of section 13 of the hindu marriage act, 1955 reads thus,"(2) a wife may also present a petition for the dissolution of her marriage by a decree of divorce on the ground,--(i) *** *** ***(ii) *** *** ***(iii) *** *** ***(iv) that her marriage (whether consummated or not) was solemnized 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.explanation. ..... if the marriage is solemnized in violation of clause (iii) of section 5 of the hindu marriage act, 1955, same may be repudiatable at the instance of bride who has not completed the age of fifteen years at the time of her marriage in accordance with clause (iv) of sub-section (2) of section 13 of the hindu marriage act, 1955. ..... marriage solemnized contrary to clauses (i), (iv) and (v) of section 5 of the hindu marriage act, 1955 is void marriage in accordance with section 11 of the hindu marriage act, 1955. ..... in absence of any fact relating to gouna and the facts of the present case that at the time of marriage, age of the deceased was below 16 years; the bride (deceased) was even not competent to give consent or valid marriage was not possible in terms of section 5 of the hindu marriage act, 1955; only after gouna ceremony i.e. .....

Laxmibai Vs. Anasuya

Court : Karnataka Gulbarga

..... section 5 of the hindu marriage act, 1955 prescribes conditions for a valid hindu marriage. ..... a reading of the aforesaid provisions makes it clear that after the passing of the hindu marriage act, 1955, one of the conditions for hindu marriage is, neither party should have a spouse living at the time of the marriage. ..... , section 16 of the hindu marriage act, which was substituted by act 68 of 1976 declared that notwithstanding that the marriage is null and void under section 11, any child of such marriage who would have been legitimate, if marriage had been valid, shall be legitimate, whether such child is born before or after the commencement of the marriage laws, (amendment) act, 1976 and whether or not a decree of nullity is granted in respect of that marriage under this act and whether or not the marriage is held to be void otherwise than on a petition under this act. ..... after the independence, the hindu marriage act, 1955 (act no.25 of 1955) came to be enacted by the parliament amending the law relating to hindu marriage among the hindus. ..... in the light of the aforesaid facts and the rival contentions, the point that arises for consideration in this revision petition is as under: whether the second wife, whose marriage is hit by section 5 of the hindu marriage act, which a declared as void under section 11 of the act could be a widow under section 10 of the act? 12. .....

Sommawati and ors. Vs. Santosh and anr.

Court : Allahabad

Reported in : I(1991)DMC550

..... section 5 of the hindu marriage act, 1955 one of the necessary conditions for the marriage is that neither party has a spouse living at the time of marriage. ..... hindu marriage act, 1955 and, therefore, the rights of the parties will be governed by the provisions of the said act ..... the admitted facts are that she had been married before her marriage with charan das and that she had not obtained any divorce from the previous ..... having admitted that she had been married earlier and there was no divorce from her previous husband, it was further for her to establish that the previous husband was not alive and as such she was legally married. ..... was, therefore, heavily on the appellant to establish that she had a right to marry charan das and for that purpose she had to show all the relevant circumstances which would entitle her to enter into a valid marriage. ..... in our opinion, the submissions made by the learned counsel is not sound for the simple reason that it was the appellant's case that she was duly wedded wife and on that basis she was claiming to succeed to the assets left by charan ..... it is admitted that she had been living with charan das as husband and wife and four sons were born to them, yet on the question of validity of the marriage, the appellant has not led any evidence to show that previous husband had died before the date of her marriage with charan das. ..... she entered into the second marriage with charan das, who was admittedly a widower, having two daughters from his previous .....

Ravindra Harshad Parmar Vs. Dimple Ravindra Parmar

Court : Mumbai

..... a perusal of the hindu marriage act, 1955 reveals that section 5 provides for the conditions of hindu marriage. ..... furthermore, in the application before the family court made on behalf of the respondent under section 1(2) of the hindu marriage act, 1955 read with section 9-a read with section 9 of the code of civil procedure which seeks dismissal of the proceedings, the respondent (appellant herein) pleaded as under : "the respondent states that he was a us citizen and domiciled there prior to marriage. ..... by the present appeal, the appellant challenges the order dated 14th june, 2013 passed by the family court pune in a petition filed by the respondent-wife seeking divorce under the provisions of section 13(1)(ia), 25 and 26 of the hindu marriage act, 1955 (the act). ..... neither party had any reservation in proceeding with hearing of the application and the learned judge of the family court found that after considering all the facts on record read with section 1(2) and section 19 of the hindu marriage act held that the family court had territorial jurisdiction to entertain and try the petition. 42. ..... the respondent (original petitioner) has claimed independent domicile and relied upon the provisions of section 19(iii) of the hindu marriage act which entitles the wife to present a petition to the court within local limits of which the wife resides as on the date of presentation of the petition. .....

Raj Kumar Son of Chottu Ram, Vs. Union Territory Chandigarh

Court : Punjab and Haryana

..... as per definition of degrees of prohibited relations given in section 3(g)(iv) of the hindu marriage act, 1955, two persons are said to be within the degrees of prohibited relationship, if the cra no.d-564-db of 200.27 two are brother and sister, uncle and niece, aunt and nephew, or children of brother and sister or of two brothers or ..... be mentioned here that laxmi devi is the mother of deceased, while appellant is son of brother of laxmi devi (pw6).the appellant and deceased had thus, spinda relationship and were in the degree of prohibited relationship for the purpose of solemnizing marriage under the hindu marriage act, 1955. ..... apart from that, the family members of the deceased were under trauma for an unmarried girl of the family developed illicit relations with the appellant, with whom her marriage under the hindu marriage act could not take place and this voidness of marriage under the act supra could not be validated by their conversion to islam, as already ..... pgi, where, he prepared inquest report ex.p30, recorded statements of father and uncle of the deceased and sent the corpse of manju @ madhu from pgi, chandigarh to the mortuary of general hospital, sector 16, chandigarh for autopsy vide application ex.p23 that was conducted and before postmortem, clothes worn by manju @ madhu at the time of accident were handed over by her father that were sealed into a parcel, which was seized ..... one condition for hindu marriage under section 5(v) is that parties are not spindas of each .....

Krishna Bhatacharjee Vs. Sarathi Choudhury and Anr

Court : Supreme Court of India

..... it was contended before this court that the only condition for getting divorce under section 13(1-a)(i) of the hindu marriage act, 1955 is that there has been no resumption of cohabitation between the parties to the marriage for a period of one year or upwards after the passing of the decree for judicial separation in a proceeding to which both the spouses are parties. ..... the husband was appellant before this court and had filed an application under section 10 of the hindu marriage act, 1955 for seeking judicial separation on the ground of adultery on the part of the appellant. ..... wherein the issue that arose for determination was whether the husband who had filed a petition seeking dissolution of the marriage by a decree of divorce under section 13(1-a)(i) of the hindu marriage act, 1955 can be declined relief on the ground that he had failed to pay maintenance for his wife and daughter despite an order of the court. ..... the court proceeded to analyse section 13(1- a)(i) of the hindu marriage act, 1955. ..... the court analyzing the earlier judgments opined that the couple must hold themselves out to society as being akin to spouses in addition to fulfilling all other requisite conditions for a valid marriage. ..... therefore, the high court was justified in declining to allow the prayer of the husband for dissolution of the marriage by divorce under section 13(1- a) of the act.20. .....