Court : Allahabad
Reported in : AIR1979All260
..... it may be mentioned here that the parliament passed an act known as the marriage laws (amendment) act, 1976 (act no. ..... act reads as follows:--'when a marriage has been dissolved by decree of divorce and either there is no right of appeal against the decree, or if there is such a right of appeal, the time for appealing has expired without an appeal having been presented or an appeal has been presented but has been dismissed, it shall be lawful for either party to the marriage to marry again: provided that it shall not be lawful for the respective parties to marry again unless at the date of such marriage ..... section 15 does not create an express bar to the contracting of a marriage afresh after the decree of divorce is passed, but any such marriage would not be lawful unless it took place after any one of the three circumstances mentioned above. ..... if the proviso is omitted then the position would be that a fresh marriage would be lawful only after one of the three circumstances taking place as stipulated in section 15 above ..... the court trying the petition under section 12 of the act is empowered to pass a decree annulling the marriage as null and void on being satisfied that a case has been made out for the ..... is nothing in section 15 itself to show that it applies even as regards a decree passed for annulment of marriage under section 12 of the act, the provisions of section 15 are quite clear -- it starts with the words 'when a marriage has been dissolved by a decree of divorce ......... .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1980All344
..... after the aforesaid decision had been given in the said case, the hindu marriage act was amended by marriage laws (amendment) act, 1976 (act 68 of 1976). ..... the court held that section 28 as substituted by the amending act did not provide for any appeal against the orders passed under section 24, and that section 39 of the amending act required a pending proceeding to be dealt with and decided as if it had been instituted under the hindu marriage act as amended by the amending act. ..... consequently, the proceedings under section 24, which had been filed prior to the amending act, are to be treated as instituted under the hindu marriage act, as amended.12. ..... by this amending act, drastic amendments were made by the parliament in pursuance of the 59th report of the law commission. ..... in the instant case, the legislature has made a specific provision in section 39 of act 68 of 1976 providing that all petitions and proceedings pending in the court would be decided in accordance with the law as amended by this act. ..... it lays down that 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. ..... the intention of the parliament appears to be that even the appeals pending on the date of enforcement of the act, should be decided in accordance with the amended law,13. .....
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 of the other party i.e. ..... 13(1x1-a) added by hindu marriage law amendment, 1976 which was enforced on 27th may, 1976 was borrowed.29. ..... 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 predominent social nature in that light. ..... 23(2) of the act was not tenable; that the circumstances indicated do constitute 'cruelty', and the appellant wanted to renounce the world and lead the life of a nun or bai and she never wanted to discharge marital obligations, even the marriage was not consummated, and as the respondent has remarried during the pendency of appeal, the same has become infructuous; and that substantial questions of law were not involved, rather the appeal was concluded ..... in this matter to arrive at a correct conclusion about the concept of cruelty 59th report of law commission suggesting amendment may be taken into account. ..... 13 of the hindu marriage act, (for short the act), on the allegations that the marriage of plaintiff respondent with the appellant was solemnized on 24-2-1978 at mainpuri in accordance with the relevant ceremonies of the hindu religion. .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(4)AWC104
..... --this clause applies whether the marriage was solemnized before or after the commencement of the marriage laws (amendment) act, 1976 (68 of 1976).' 11. ..... the wife through her evidence has completely supported her case of being driven out of her matrimonial house.in this regard, relevant is the statement made in paragraph 11 of the petition flied under section 13 of the marriage act wherein the respondent has stated that on 15.9.1992 she had left his residence thereby deserting him whereas this application was filed on 18.9.1995, i.e. ..... , the opposite party has deserted him wilfully for a period of three years which alone entitles him to seek the decree of divorce by dissolving their marriage ; he is also entitled for the said decree on the grounds of cruelty and mental torture ; he has been even to meet him, which is also an act of extreme cruelty on her part, the cause of action had accrued, firstly, on 30.4.1989 and thereafter on each day when she extended her cruel ..... (2) a wife may also present a petition for the dissolution of her marriage by a decree of divorce on the ground : (i) in the case of any marriage solemnized before the commencement of this act, that the husband had married again before such commencement or that any other wife of the husband married before such commencement was alive at the time of the solemnization of the marriage of the petitioner ; provided that in either case the other wife is alive at the time of the presentation .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(2)ESC897; (2005)2UPLBEC1194
..... of the hindu marriage act, 1955, however, provide that notwithstanding that the 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 on or after 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 the act.5. ..... question to be decided in this case is whether the daughter of second wife, with whom the deceased government servant had entered into a marriage, while the first wife was alive, is entitled for consideration of the compassionate appointment under u.p. ..... the protection given to such children, who are not to be blamed for the illegitimacy of the second marriage, must be given a wide interpretation to the rules of 1974, by way of a measure of ..... conduct rules, 1956 is not entitled to marry while his first wife is alive and that the children born out of such second marriage cannot be recognized to be legitimate for the purposes of employment under the rules of 1974. ..... section 11 of the hindu marriage act, 1955 declares the second marriage, while first wife is alive under section 5(i) to ..... married' or 'widowed daughter' in the rule 2 (c) (iii) cannot exclude daughters who are declared to be legitimate under section 16(1) of the hindu marriage act, 1955. ..... 2002, decided on 18.1.2003.7. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1979All316
..... amendment in 1964 (amending act 44 of 1964) a new clause was inserted after clause (i) in section 13 which read as follows; '(i-1) has persistently or repeatedly treated the petitioner with such cruelty as to cause a reasonable apprehension in the mind of the petitioner that it will be harmful or injurious for the petitioner to live with the other party; the parliament then passed the marriage laws (amendment) act, 1976 (act ..... hindu marriage act in 1955 (act 25 of 1955), hereinafter referred to as the act to amend and modify the law relating to marriage among ..... lived as husband and wife without any interference by the appellant's mother in their conjugal life, which they had enjoyed freely; that the marriage had been consummated in the first visit of the respondent to the marital home, that the mother-in-law had not treated the respondent with cruelty, that the accusations made against her as regards the cleaning of the utensils, the washing of ..... padma rao (air 1974 sc 165) observed that divorce and dissolution of marriage were foreign to hindu law before the statute stepped in to modify the traditional law and in construing the provisions of the act 'one has to remember that divorce is not generally favoured or encouraged by courts and is permitted only ..... amend the hindu marriage act ..... that the english law as to 'marriage being irretrievably broken' is not to be applied in india and a decree of divorce can only be awarded if the grounds mentioned in section 13 of the act are satisfied. .....
Tag this Judgment!Court : Allahabad
Reported in : (2004)1UPLBEC794
..... --(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), 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. ..... though a child born out of marriage which is null and void under section 16, quoted as above is legitimate, sub-section (3) of section 16 restricts his rights in or to the property of any person, other than the parents, in any case where, but for the amendment act, such child would have been incapable of possessing or acquiring any such rights by reason of his not being the legitimate child of his parents.10. ..... it is alleged, that in the year 1978, with the consent of satina devi, he sought permission of the executive engineer, electricity distribution division-ii, allahabad for second marriage, which was given to him on 24.10.1978, with the condition that as soon as a child is born, his relation with the second wife shall cease. ..... power corporation has, by impugned order dated 25.2.2003 found, that compassionate appointment cannot be given on a settlement. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1981All78
..... the relevant provisions of the hindu marriage act, 1955 (as amended by the marriage laws (amendment) act, 1976 (parliament act 68 of 1976), (hereinafter be referred as the 'act'), in so far as it is material, reads: '10. ..... observed that 'the allegation made by the appellant in the written statement that the respondent was having adulterous relation with his sister-in-law could not, in the circumstances of the case, constitute an act of cruelty to warrant a decree for dissolution of marriage being passed against her. ..... in view, however, of the provisions noticed earlier by me, it has to be held that the observation that an allegation made by the wife in the written statement that the husband was having adulterous relations with his sister-in-law could not constitute an act of cruelty to warrant a decree being passed against her, represents the correct legal position. 14. ..... , whether before or after the commencement of this act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party-- (i) has, after the solemnization of the marriage had voluntary, sexual intercourse with any person other than his or her spouse; or (ia) has after the solemnization of the marriage, treated the petitioner with cruelty; or (ib) has, deserted the petitioner for a continuous period of not less than .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1981All151
..... the policy of the law having undergone a change after the marriage laws (amendment) act, 1976, it is possible now to dissolve a marriage by agreement between the parties although none of the grounds, on which a marriage may be dissolved by a court, be found to exist. ..... in this first appeal which arises from a decree for divorce passed by the court of 1st additional district judge, allahabad, under the hindu marriage act, 1955, the parties were asked to personally appear in court in order to enable me to bring about a settlement between the two. ..... the result is that the decree for divorce, dissolving the marriage between the parties, shall stand confirmed. 4. ..... being thus satisfied that the parties have adjusted the dispute between them by a lawful compromise, i order that the compromise be recorded and the appeal be dismissed. 3. ..... the result is that both the parties are agreed that the marriage between them should be dissolved. ..... the trial court found in favour of the husband on all the three points and dissolved the marriage by a decree of divorce. ..... explained to him that though under the terms of the compromise he could no longer be liable to pay anything for tke maintenance of the wife, he could, if demanded by the children, be required to pay for their maintenance in accordance with law. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1982All52
..... to base the plea on sub-section (1-a) of section 13 of the hindu marriage act, as amended by the matrimonial laws (amendment) act 1976, which reduced the period of waiting from two years to one year. ..... one of the reasons was that no notice was taken of the amendments made in the hindu marriage act by the matrimonial laws (amendment) act, 1976 either in the trial court or in the lower appellate court, nor even in this court when the appeal was heard under order ..... amendments made are retrospective and section 39 of the amendment act required that the court should give the parties an opportunity to amend their pleadings in the light of the amendments made in the hindu marriage act ..... husband appeared on a few occasions, but the wife persistently refrained from appearing in court, and from her attitude it was clear that marriage tie at any costs, even at the cost of having to live as a grass widow at her parents' house for the rest ..... ground for divorce, prescribed thereby, is that there has been no resumption of cohabitation as 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 ..... the application under section 24 of the hindu marriage act, that had been filed by the wife for a direction to pay her ..... fact that the respondent consistently accused the appellant of having illicit relations with his sister-in-law amounted to 'cruelty' within the meaning of section 10 of the hindu marriage act. .....
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