Court : Madhya Pradesh
Reported in : AIR2006MP23; 2005(3)MPHT470; 2005(3)MPLJ564
..... section 6 of the marriage laws (amendment) act, 2003 deals with transitory provision. ..... for this purpose it is necessary to refer the marriage laws (amendment) act, 2003 whereby section 19(1)(iiia) is introduced.10. ..... from a bare reading of these provisions it is clear that by section 6, section 3 and section 5 of the amending act are made retrospective while the amendment in section 19 whereto section 19(1)(iiia) is incorporated by section 2 of the amending act and is not made retrospective. ..... - all decrees and orders made by the court in any proceedings under the special marriage act or the hindu marriage act shall be governed under the provisions contained in section 3 or section 5, as the case may be, as if this act came into operation at the time of the institution of the suit: provided that nothing in this section shall apply to a decree or order in which the time for appealing has expired under the special marriage act or the hindu marriage act at the commencement of this act.' 12. ..... considering the above views laid down by the apex court and this court it will be necessary to refer the provisions of the amendment act. ..... next contention raised by the counsel for the respondent is that section 19 of the hindu marriage act is now stands amended w.e.f. ..... 23-12-2003 and as per amendment in section 19 of the act now a divorce petition can be filed at a place where the wife, if she is a petitioner, is residing on the date of presentation of the petition. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1992All260
..... 13(i)(l-a) as added by the hindu marriage laws amendment act is that the solitary instance of cruelty would not constitute cruelty so as to grant a decree for divorce rather the behaviour ..... 13(1x1-a) added by hindu marriage law amendment, 1976 which was enforced on ..... recently considering relevant provisions of hindu marriage act particularly ss. ..... court has been assigned duty by the legislature to bring about the reconciliation between the parties, i am of the view that the court is expected to make sincere efforts t6 preserve the marriage tie and the same appears to be the policy behind such legislations unless the same becomes impossible. ..... while considering concept of cruelty it may be noticed that hindu marriage act is a social benevolent legislation and the approach of court interpreting social legislations should be the approach to a statute of ..... of the statute, unless it goes against the intention of the specific provisions must be construed consistent with the changing social attitudes. ..... to remarry another lady, which he did after the decision of lower appellate court, the grounds contained either under section 13(1)(1-a)(iii) about the appellant having been incurably of unsound mind, has not been made out and substantial questions of law are involved which have been incorrectly decided.5. ..... wife and has been discharging her marital obligations and she never committed any act which could constitute 'cruelty', within the meaning of section 13(l)(i-a), nor the grounds under s. .....
Tag this Judgment!Court : Rajasthan
Reported in : I(2001)DMC251; 2000(3)WLC496; 2000(3)WLN330
..... court further considered the amendment brought in 1976 and observed:'the change of law brought about by the hindu marriage laws (amendment act), 1976 deserves notice. ..... kept in mind is that even where the marriage has irretrievably broken down, the act, even after 1976 (amendment) act, does not permit dissolution of marriage on that ground. ..... amendment act, cruelly was not a ground for claiming divorce under the hindu marriage act. ..... and to avoid doing any such thing as is harmful to the relationship and to deliberately perform the duties which are necessary for relationship, it may be said, without any hesitation that any conduct of either party to the marriage, which manifests, a contrary intention may amount to cruelty if it is proved and is of such a nature, as to lead to the inference that living together of the parties as husband and wife, would be harmful to them, having ..... his petition as well as in his statement, the learned counsel for the appellant has submitted that the allegations of cruelty are completely false and there is absolutely no ground for grant of divorce under section 13 of the hindu marriage act. ..... the object of the provisions of the hindu marriage act, 1955 is to grant recognition to the human relationship between husband and wife and to regulate the conduct of the parties to the relationship in such a manner as may benefit them as ..... set up in which the word 'cruelty' has been used in the section seems to us, that intention is not a necessary element in cruelty. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1978MP245; 1978MPLJ633
..... while doing so, in that order we had stated that the reasons for holding that section 5 of the limitation act, 1963 applies also to appeals filed under section 28 of the hindu marriage act, 1955 as amended by the marriage laws (amendment) act, 1976 (act no, 68 of 1976), will be given later. ..... delhi municipality, air 1976 sc 105 to contend that section 5 of the limitation act applies to such appeals, because provisions contained in sections 4 to 24 (inclusive) of the limitation act, 1963, are made expressly applicable by sub-section (2) of section 29 of the limitation act, 1963, and that there is no express exclusion of the applicability of section 5 of the limitation act, 1963, by the special act, viz.hindu marriage act, 1955 as amended by act no. ..... before examining the provisions of the hindu marriage act, 1955, as amended by the amendment act no. ..... it will be seen that section 81 is not the only section mentioned in section 86, and if the limitation act were to apply to an election petition under section 81 it should equally apply to sections 82 and 117 because under section 86 the high court | cannot say that by an application of section 5 of the limitation act, section 81 is complied with while no such benefit is available in dismissing an application for non-compliance with the provisions of sections 82 and 117 of the act, or alternatively if the provisions of the limitation act do not apply to section 82 and section 117 of the act, it cannot be said that they apply .....
Tag this Judgment!Court : Mumbai
Reported in : 1982(1)BomCR454a
..... it is common case that the provisions of amended act are attracted in view of the express provision made by section 39 of the marriage laws (amendment) act, 1976'.as regards the meaning of impotency it ..... following observation in the case are material :---'before the marriage laws (amendment) act, 1976, it was necessary to prove that the respondent was impotent at the time of marriage and continued to be so until the institution of the ..... as a result of the marriage laws (amendment) act, 1976, the petitioner has now to establish that the marriage has not been consummated owing to the impotence ..... however, the wordings have now been changed by the amendment of section 12(1)(c) which now reads as follows :---'12(1)(c)---that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner is required under section 5, the consent of such guardian was obtained by force or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent'.this amendment clearly contemplates change in law and things into the ambit of fraud, misrepresentation or concealment of any ..... prior to the amendment of the hindu marriage act by act 68 of 1976, section 12(1)(c) read as follows :---'that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner is required under section 5, the consent of such guardian was obtained by force or fraud'.these words were interpreted by this court in raghunath .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1981AP74
..... sub-section (17 of section 39 runs as follows: '(1) all petitions and proceedings in causes and matters matrimonial which are pending in any courts at the commencement of the marriage laws (amendment) act, shall be dealt with and decided by such court- (i) if it is a petition or proceeding under the hindu marriage act, then so far as may be, as if it had been originally instituted therein under the hindu marriage act, as amended by this act.' 9a. ..... as stated earlier, the respondent-wife filed the original petition on 10-6-1976 for declaration that the marriage between the appellant and the respondent is void ab initio and that there exists no marriage tie between them i a, alter the marriage laws (amendment) act, 1976 (act 68 of 1976) came into force. ..... even though the petition filed by the respondent was after the marriage laws (amendment) act, 1976 came into force, the plea of repudiation was not taken by her. ..... however it will be relevant to note that the marriage laws (amendment) act, 1976 received the assent of the president on 27th may, 1976 and published in the gazette of india, (extraordinary) part ii on 27-5-1976. ..... clause (iv) of sub-section (2) of section 13 of the: hindu marriage act added by section 7 of the amendment act, 1976 reads as under: 'a wife may also present a petition for dissolution of her marriage by a decree- on the- ground- (i) to (iii) ..... ..... the other provision referred to was section 23(1)(d) of the hindu marriage act. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2010Bom24
..... marriages-(1) notwithstanding that marriage is null and void under section 11, any child of such marriage who would have been legitimate if the marriage had been valid, shall be legitimate whether such child is born before or after the commencement of the marriage laws (amendment) act, 1976 (68 of 1976), ad 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 ..... amendment in section 16 by marriage laws (amendment) act, 1976, the difference was tried to be done away with between the children born before the marriage ..... ; daughter of a pre-deceased daughter of a pre-deceased daughter; daughter of a pre-deceased son of a pre-deceased daughter; daughter of a pre-deceased daughter of a pre-deceased son added to class i by marriage laws (amendment) act, 2005].it is interesting to note that in this, son, daughter, son of a pre-deceased son, daughter of a pre-deceased son, son of a pre-deceased daughter, daughter of a pre-deceased daughter, son ..... -section (3) by engrafting a provision with a non obstante clause stipulating specifically that nothing contained in sub-section (1) or sub-section (2) shall be construed as conferring upon any child of a marriage, which is null and void or which is annulled by a decree of nullity under section 12 'any rights in or to the property of any person, other than the parents in any case where but for the passing of this act, ..... 2003 .....
Tag this Judgment!Court : Karnataka
Reported in : II(2005)DMC567; ILR2005KAR3293; 2005(5)KarLJ66
..... section (1) of section 16 of the act provides that notwithstanding that a marriage is null and void under section 11, any child of such marriage who would have been legitimate if the marriage had been valid, shall be legitimate, whether such child is born before or after the commencement of the marriage laws (amendment) act, 1976 (act 68 of 1976), and whether or not a decree of nullity is granted in respect of that marriage under the act and whether or not the marriage is held to be void otherwise than on a petition under the act ..... is necessary to point out that the provisions contained in section 16 of the act, when it speaks of conferring status of legitimacy to a child born out of a marriage whether void or voidable in law, guarantees right in the properties of the ..... question that would arise for consideration is, whether the plaintiffs 2 and 3, who are the children of the 1st plaintiff born to kuruvathi basavarajappa out of a marriage which is void under section 11, are entitled for a share in the suit schedule property in view of the provisions contained in sub-section (3) of section 16 of the act? ..... , in our view, would be in contravention of the provisions contained in sub-section (3) of section 16 of the act. ..... after the 1976 amendment of section 16, the benefits of section 16 are enlarged and such benefits are also conferred on a son of a marriage which is void under the provisions of the hindu marriage act, whether a decree of nullity is passed or not, such a son becomes a .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1977AP43
..... this amendment reinforces and confirms the view that we are taking on a pure interpretation of the different provisions of the hindu marriage act, 1955 even as it stood prior to its amendment by the marriage laws (amendment) act, 1976.23. ..... under section 4 of the hindu marriage act, it is only when there is a clear provision in the hindu marriage act that any text ,rule or interpretation of hindu law or any custom or usage as part of that law in force immediately before the commencement of the hindu marriage act shall cease to have effect in so far as it is inconsistent with any of the provisions of the act.12. in p.a. ..... now the following points of distinction between sections 11 and 12 have to be noted: (1) section 11 applies only to marriages solemnized after the commencement of the hindu marriage act; whereas section 12(1) applies to any marriage whether solemnized before or after the commencement of the act and (2) whereas violation of the provisions of clauses (i) (iv) and (v) of section 5 renders the marriage null and void, violation of the different clauses of section 5 mentioned in section 12(1) renders the marriage voidable and if the requirements of one or the other clauses of section 12 are satisfied, the marriage may be annulled by a decree of nullity of a court .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1988SC839; JT1988(1)SC39; (1988)93PLR629; 1988(1)SCALE398; (1988)2SCC90; [1988]2SCR1098; 1988(1)LC491(SC)
..... prior to its amendment by the marriage laws (amendment) act, 1976 by which the proviso was deleted, section 15 was in ..... parliament accordingly by the marriage laws (amendment) act, 1976 has done away with the period of waiting by ..... prior to the amendment act of 1976, the proviso to section 15 laid down a period of waiting of one year between the passing of a decree for divorce by the court of first instance and the remarriage of any ..... in its 59th report on hindu marriage act, 1955 and special marriage act, 1954 however suggested the deletion of the proviso to section 15 which laid down that it shall not be lawful for the respective parties to marry again unless at the date of such marriage at least one year has elapsed from the date of the decree in the court of the first instance, for the reason extracted below:the consideration of the parties' freedom to marry and ..... in this special leave petition by the wife against the decree for dissolution of marriage granted by additional district judge, patiala dated 29th march, 1986 on the ground of cruelty under section 13(ia) of the hindu marriage act, 1955, against which the petitioner-wife had preferred an appeal to the punjab and haryana high court and which the high court by its order dated 16th july, 1986 dismissed in limine, a ..... counsel for the parties and the question is whether the condition pre-requisite before a lawful marriage can take place after a decree for dissolution of marriage under section 15 of the act has been fulfilled. .....
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