Judgment Search Results Home > Cases Phrase: hindu marriage act 1955 section 5 conditions for a hindu marriage Court: jharkhand Page 1 of about 65 results (0.224 seconds)

Smt. Reebha Singh Vs. Dr. Ashok Kumar Singh

Court : Jharkhand

Reported in : AIR2008Jhar53; [2008(1)JCR325(Jhr)]

..... 1996 whereby the marriage has been dissolved by a decree of divorce under section 13(1) (ia) and (iii) and explanations (a) and (b) of the hindu marriage act, 1955.2. ..... drawn in favour of second daughter namely kittu singh by way of a draft/a/c payee cheque for purpose of her marriage which the respondent shall pay on or before 28th february, 2010.4. ..... drawn in favour of first daughter namely pragya singh by way of a draft/a/c payee cheque for purpose of her marriage which the respondent shall pay on before 31st october, 2008. ..... however, so far claim for maintenance and marriage expenses of the appellant and two daughters are concerned the parties have mutually settled their claim on the following terms and condition:(a) the respondent shall pay a sum ..... the respondent, who appeared in person, have stated before us that they have voluntarily entered into compromise and are satisfied with the terms and condition contained therein. ..... this payment of maintenance is by way of a one time settlement towards maintenance for the appellant and two daughters.the respondent hereby agrees to pay the aforesaid one time ..... before taking up the matter for final hearing, we tried for re-conciliation between the parties who have been living separately for the last 14 years but they are not ready to restore ..... parties shall faithfully observe and comply the terms of compromise mutual full and final settlement and agree that the instant first appeal may be disposed by recording aforesaid terms and condition.4. .....

Neelam Kumar Vs. Kamal Kumar

Court : Jharkhand

..... the appellant is aggrieved by the judgment and decree dated 09.03.2010 passed by the learned principal judge, family court, ranchi, in matrimonial title suit no.133 of 2004, whereby, the petition filed by the husband under section 5 (i) read with section 11 of the hindu marriage act, 1955, for declaring the marriage between the parties as void, has been decreed by the court below and the marriage between the parties has been declared to be null and void.3. ..... section 5 of the hindu marriage act lays down the condition for a hindu marriage, which reads as follows :- 5. ..... conditions for a hindu marriage-a marriage may be solemnized between any two hindus, if the following conditions are fulfilled, namely ;- -3- (i) neither party has a spouse living at the time of the marriage; (ii) -------------- *** *** *** . 10. ..... thus, a plain reading of this section clearly shows that for a valid marriage under the hindu marriage act, it is a condition precedent that both the parties to the marriage should be hindus and neither of the parties should have a spouse, living at the time of marriage. ..... both these conditions are not fulfilled in the present case, inasmuch as, it is an admitted position that the appellant had embraced islam, while marrying another muslim gentleman, prior to the marriage with the sole respondent, which fact was not known to the sole respondent. .....

Sunita Singh Vs. Kunal Singh

Court : Jharkhand

..... the suit was preferred by the husband / respondent herein for dissolution of marriage by a decree of divorce under section 13(1)(ia) of the hindu marriage act, 1955.3. ..... we have considered the joint compromise petition filed by the parties which incorporates the terms and conditions under which, they have agreed to separate on their free will and volition. ..... 6039/2017 has been filed today containing the terms and conditions of their settlement, whereunder, they have agreed to separate on their own free will and ..... the parties have agreed for divorce as per the following terms and conditions:- (a) the respondent would pay a sum of ..... /2008 filed by the respondent / husband seeking quashing of the prosecution under section 498-a of the indian penal code, is also pending before this court. ..... matter was adjourned for today to enable them to file a joint petition incorporating the terms and conditions. ..... regard to the settlement arrived at between the parties, marriage between the parties stands dissolved. ..... the parties appeared on 19.07.2017, they broadly agreed on the terms and conditions of settlement. ..... the case be placed under the heading 'for orders' on 04.09.2017 for the purpose of perusal of the affidavit. ..... 2771/2009 instituted by the appellant / wife for enhancement of maintenance, is pending before this court which the appellant would ..... lacs will be paid by the respondent to the appellant for the education of the son and no further amount will be paid for the purpose of his education. .....

Vivek Rai Vs. State of Jharkhand and anr.

Court : Jharkhand

Reported in : 2007CriLJ680

..... 136 of 2006 was filed by the petitioner herein before the principal judge, family court, allahabad under section 13(1)(1-a), 13(1)(1-b) of the hindu marriage act, 1955 which was subsequently transferred to bokaro by the apex court. ..... 196 of 2003 on 27-3-2003 under section 439(1) of the code of criminal procedure for the offence under section 498a of the indian: penal code as well as under section 3/4 of the dowry prohibition act, certainly on certain terms as contained in the concluding paragraph of the ball order, solely on the ground of compromise without touching the merit of the case with the condition that in the event of any hesitation on the part of the accused-petitioner to follow the undertaking given to the complaintant in the ..... there is substance in the argument of the learned counsel for the petitioner that the condition imposed by the learned additional sessions judge under section 439(1) of the code of criminal procedure while granting bail to the petitioner is in contravention to the provision of section 437(3) of the code for the offence under section 498a of the indian penal code in which punishment is prescribed for three years and under section 3 of the dowry prohibition act, six months imprisonment. .....

Smt. Paru Bala MahataIn and anr. Vs. Smt. Bijubala MahataIn and ors.

Court : Jharkhand

Reported in : II(2006)DMC24; [2005(3)JCR232(Jhr)]

..... hindu marriage act had come into force and according to section 5 of this act, limitation or restriction was imposed on either spouses that during the lifetime of either spouse if marriage is performed, the second marriage will be void and ab initio and, therefore, marriage of puran chand mahto with parubala has got no legal sanction and she cannot be entitled to any share in the property of puran chand mahto under section 10(1)(a) of the hindu successions act because marriage was solemnized after hindu marriage act, 1955 ..... widows than one, all the widows together, shall take one share, but contention of learned counsel for the appellant was that according to hindu succession act a marriage can be solemnized when neither party has a spouse living at the time of the solemnization of marriage and, therefore, according to section 5 of the hindu marriage act a person enter into a marriage should be singled meaning thereby he should not have spouse living or he should have either a widow ..... according to section 5 a marriage may be solemnized between any two hindus if the following conditions are fulfilled :(i) neither party has a spouse living at the time of marriage;(ii) at the time of the marriage, neither party-- (a) is incapable of giving a valid consent to it in consequence of unsound-ness of mind; or(b) though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; .....

Jaymala Devi Vs. State Bank of India Represented Through Regional Mana ...

Court : Jharkhand

..... the factual aspects, it would be apt to refer to the relevant provisions of the hindu marriage act, 1955: section-5(i) neither party has a spouse living at the time of the marriage; section-11. ..... after hearing learned counsel for the respective parties and on perusal of the records, i feel it expedient in the interest of justice to direct the 7 respondent nos.1 and 2 to release the post retiral benefits in favour of petitioner and respondent no.3 and other legal heirs as per the relevant provisions of hindu marriage act, payment of gratuity act and provident fund act, as expeditiously as possible preferably within a period of three months from the date of receipt/ communication ..... the employer, shall be forfeited to the extent of the damage or loss so caused; (b) the gratuity payable to an employee [may be wholly or partially forfeited]- (i) if the services of such employee have been terminated for his riotous or disorderly conduct or any other act of violence on his part, or (ii) if the services of such employee have been terminated for any act which constitutes an offence involving moral turpitude, provided that such offence is committed by him in the course of his employment. ..... marriages- 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 .....

Naresh Kumar Gupta Vs. Smt. Jyoti and anr.

Court : Jharkhand

Reported in : II(2005)DMC66; [2005(1)JCR22(Jhr)]

..... ) suit was filed for dissolution as well as nullity of marriage under sections 12(a) and 13(i)(a)(ii) of the hindu marriage act, 1955.2. ..... considering this aspect of the matter, this appeal is allowed and decree of divorce under section 13 of the hindu marriage act, 1955 is granted but petitioner-appellant will make payment of rupees one lakh and fifty thousand as permanent alimony ..... was placed upon air 1988 delhi 222 in the instant case, wife was held guilty of desertion as the wife was living separate from her husband for the last 8 years, although marriage was solemnized in the year 1966 and since then, both of them were living separate from each other and divorce was allowed. ..... counsel appearing for the plaintiff-appellant submitted that witnesses examined on behalf of the plaintiff-appellant have stated about abnormal condition of mind ..... 1, then he was told that for sometime her mental condition deteriorates like that and she has been even examined by ojha and tantrik and when they examined, she gets alright and after sometime she ..... concealed from the plaintiff and his parents about the abnormal condition of mind from which, the respondent no. ..... promised to keep her in proper condition, but the demand of a maruti ..... to her matrimonial house, her mental condition was not the same. ..... there was no change even slightest in the mental condition of the respondent no. ..... but condition did not change, on 26.3.1993 he went to bring her back but he was not allowed to bring her back on the ground that .....

Naresh Kumar Gupta Vs. Smt. Jyoti and anr.

Court : Jharkhand

Reported in : 2004(3)BLJR2041

..... (matrimonial) suit was filed for dissolution as well as nullity of marriage under sections 12(a) and 13(i)(a)(ii) of the hindu marriage act, 1955.2. ..... considering this aspect of the matter, this appeal is allowed and decree of divorce under section 13 of the hindu marriage act, 1955 is granted but petitioner-appellant will make payment of rupees one lakh and fifty thousand as permanent alimony to ..... decree of divorce, but the witnesses who have been examined on behalf of the petitioner-appellant, have not been able to establish the point or ground under which divorce has been sought for, but neither mother and father of the petitioner nor his near relative has been examined in the case to prove the point, but only such persons have been examined on behalf of ..... learned counsel appearing for the plaintiff-appellant submitted that witnesses examined on behalf of the plaintiff-appellant have stated about abnormal condition of mind ..... 1, then he was told that for sometime her mental condition deteriorates like that and she has been even examined by ojha and tantrik and when they examined, she gets alright and after sometime she starts ..... facts were concealed from the plaintiff and his parents about the abnormal condition of mind from which, the respondent no. ..... and promised to keep her in proper condition, but the demand of a maruti ..... came to her matrimonial house, her mental condition was not the same. ..... and there was no change even slightest in the mental condition of the respondent no. ..... condition .....

Sujoy Ghosh Dastidar Vs. Dayita Ghosh Dastidar

Court : Jharkhand

..... the learned trial court disbelieved the case of the petitioner for dissolution of the marriage on the ground that she was suffering from incurable disease as there is no such ground permissible under section 13 of the hindu marriage act, 1955. ..... 161 of 2011 ------ [an application under section 28(1) of hindu marriage act, 1955 read with section 19(1) of the family courts act, 1984] sujoy ghosh dastidar .... .... . ..... section 23 of the hindu marriage act, 1955 read as under:- 23. ..... hence it is necessary that during all the period that there has been a desertion, the deserted spouse must affirm the marriage and be ready and willing to resume married life on such conditions as may be reasonable. ..... 183-84, para10) for the offence of desertion, so far as the deserting spouse is concerned, two essential conditions must be there, namely (1) the factum of separation, and (2) the intention to bring cohabitation permanently to an end (animus deserendi). ..... whereas under the english law those essential conditions must continue throughout the course of the three years immediately preceding the institution of the suit for divorce, under the act, the period is four years without specifying that it should immediately precede the commencement of proceedings for divorce. ..... for the ingredients of desertion to be established so far as the deserting spouse is concerned two essential conditions must be there (i) the factum of separation, and (ii) the intention to bring co-habitation permanently to an end. .....

Ravindra Kumar Tiwary Vs. Smt. Anandi Tiwari

Court : Jharkhand

..... visit by the appellant to bangalore, when the respondent was sick, cannot be considered as obstruction for the grant of dissolution of marriage while calculating the period of desertion, which is required under section 13 of the hindu marriage act, 1955, prior to the institution of a divorce petition. 10. ..... facts of the case, in brief are as follows :- the appellant filed a petition under section 13 (i-a) (i-b) of the hindu marriage act, 1955 before the court of principal judge, family court, jamshedpur for dissolution of his marriage with the respondent namely smt. ..... submitted that the ingredients as required under section 13 of the hindu marriage act, 1955 for dissolution of marriage, were not satisfied and therefore, the learned court below has rightly after appreciation of the evidence on record, dismissed the suit for dissolution of marriage. ..... as per section 13 of the hindu marriage act, 1955 the divorce can be granted on the grounds enumerated therein which includes ..... 142/2000 under section 9 of the hindu marriage act for restitution of his conjugal rights, but the same was withdrawn on verbal assurance by the respondent to resume ..... is submitted that merely by visiting of the appellant to the respondent at bangalore in her ailing condition, while she was in comma, cannot be considered that there was no desertion of continuous two years before presenting the petition for divorce, as there was sufficient evidence to show that the respondent deserted the appellant since 21.07.1997. .....