Judgment Search Results Home > Cases Phrase: marriage laws amendment act 2003 Court: allahabad Page 2 of about 4,492 results (0.165 seconds)

Smt. Rekha Devi Vs. Abhishek Misra

Court : Allahabad

..... an application has been filed before this court under section 13-b of the hindu marriage act and under article 142 of the constitution praying that this court may exercise its extraordinary jurisdiciton under article 142 of the constitution and dissolve the marriage by a decree of divorce by mutual consent under section 13-b of the hindu marriage act, 1955 as amended by the marriage laws (amendment) act, 1976. ..... provisions of this act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnised before or after the commencement of the marriage laws (amendment) act, 1976 ( 68 of 1976), on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved ..... parties, in exercise of the power vested in this court under article 142 of the constitution of india, were allow the application for divorce by mutual consent filed before us under section 13-b of the hindu marriage act and declare that the marriage solemnized between the consenting parties on 30.6.2001 at delhi is hereby dissolved and they are granted a decree of divorce by mutual consent. ..... is an appeal from order under section 28 of the hindu marriage act, 1957 read with section 19 of the family court act against the judgment and decree dated 25.7.2011 passed by the additional .....

Smt. Kalpana Srivastava Vs. Surendra Nath Srivastava

Court : Allahabad

Reported in : AIR1985All253

..... , air 1975 sc 1534, considered cruelty as referred to in section 10(1)(b) of the hindu marriage act prior to its amendment by marriage laws amendment act, 1976. ..... the amendment act deleted the entire section 10(1) of the act and substituted it with the present sub-section, which provides that either party to the marriage may present a petition for judicial separation on any of the grounds specified in sub-section (1) of section ..... (ia) was added to section 13(1) of the act and the ground provided now is that the other party 'has after the solemnization of the marriage treated the petitioner with cruelty'. ..... passed by the lower appellate court confirming the judgment and decree passed by the trial court whereby the petition for divorce under section 13(1)(ia) of the hindu marriage act was allowed. 2. ..... the test, i am satisfied that the courts below rightly held that 'cruelty' as referred to in section 13(1)(ia) of the act has been duly proved. ..... 'cruelty' referred to in section 10(1)(b) of the act had to be of a nature as to cause a reasonable apprehension in the mind of the petitioner that it will be harmful or injurious to the petitioner to live with the other ..... held that cruelty under section 13(1)(ia) of the act has been proved. 5. ..... she lodged a report against the respondent and his relations for offences under section 307/406/34 ipc and also under section 4, dowry prohibition act, 1961. ..... am unable to accept that proved facts do not amount to cruelty under section 13(1)(ia) of the act. .....

Swapnil Verma and Another Vs. Principal Judge, Family Court, Lucknow

Court : Allahabad Lucknow

..... subject to the provisions of this act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the marriage laws (amendment) act, 1976, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved. ..... for the reasons aforesaid, i am of the considered view that the grievance of the petitioners for truncating the statutory waiting period of six months envisaged under section 13-b(2) of the act, for the reason that their marriage has broken down irretrievably, is, therefore, not within the scope of adjudication of this court, considering that such power can be exercised only by the apex court under article 142 of the ..... second proposition is that although the supreme court can, in exercise of its extraordinary powers under article 142 of the constitution, convert a proceeding under section 13 of the hindu marriage act, 1955, into one under section 13-b and pass a decree for mutual divorce, without waiting for the statutory period of six months, none of the other courts can exercise ..... , on 2.7.2015, petitioners have filed a suit for mutual divorce under section 13 (b) of the hindu marriage act, 1955 before the principal judge, family court, lucknow, which was registered as suit no. .....

Smt. Kiran Devi and anr. Vs. Ashok Kumar and ors.

Court : Allahabad

Reported in : 2004(3)AWC1942

..... --(1) notwithstanding that a marriage is null and void under section 11 and child of such marriage who would have been legitimate, if the marriage had been valid, shall be legitimate, whether such a 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. ..... been dissolved instead of being annulled, shall be deemed to be their legitimate child notwithstanding the decree of nullity.section 16 refers to section 11 of the hindu marriage act, and it being relevant and germane to the controversy involved in this petition is also abstracted below :'section 11 of hindu marriage act makes it clear that any marriage solemnized after commencement of this act shall be null and void and on a petition presented by either party thereto against the other party, be so declared by a decree of nullity if so contravenes ..... by means of decision dated 30.8.2003, the deputy director of consolidation also rendered a verdict leaning in favour of respondent nos. ..... by means of present petition, the petitioners have assailed the concurrent findings recorded by consolidation officer, settlement officer, consolidation and the deputy director consolidation dated 17.8.1998, 24.5.2000 and 30.8.2003.2. .....

Basant Lal Vs. Chairman, Nagar Palika Parishad and ors.

Court : Allahabad

Reported in : 2003(1)AWC373

..... notwithstanding that a marriage is null and void under section 11, may 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, 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.'17. ..... (b) names, age and other details pertaining to all the members of the family of the deceased, particularly about their marriage, employment and income ;(c) details of the financial condition of the family ; and(d) the educational and other qualifications, if any, of the applicant. ..... sundar devi was divorced according to the hindu marriage act and her marriage ceased to exist before remarriage as claimed by chanda devi ..... section 16 of the hindu marriage act even if second marriage is void, sons and daughters of prem lal from second wife would be legitimate heirs.section 16 of the hindu marriage act is being quoted below :'16. ..... is no material on record that the marriage of prem lal with chanda devi has taken place according to muslim law and any burial has taken place.13. ..... this certificate was issued under the schedule caste order, 1950 and amended by the uttar pradesh scheduled caste and scheduled tribe order, 1967 ..... sundari devi was divorced before her marriage, she could be named as member of the family of prem .....

Smt. Barsha Arora Vs. Satish Kumar Arora

Court : Allahabad

Reported in : II(1991)DMC295

..... is notable that section 15 of the act was transformed into a new look by marriages laws (amendment) act, 1976 (act no. ..... used to be a bar of one year from the date of decree on 'remarriage' under the old 'proviso' but in view of the aforesaid amendment, either party to the marriage can remarry anytime after the decree of divorce is passed if there is no right of appeal. ..... the spirit behind section 15 of the act would not permit such spouse to contract a second marriage and, therefore, in such a case the appeal may not be rendered ..... to know and anticipate a contemplated action of a would-be-appellant however, the case may be different where a spouse may come to know of filing of an appeal by the other spouse along with an application under section 5 of the limitation act beyond the period of limitation and inspite of such knowledge contracts a second marriage inspite of the pendency the application under section 5 of the limitation act in such belated appeal. ..... reference to the aforesaid dates the supreme court held that the second marriage by the husband would not render her appeal in-fructuous because in dealing with an appeal the statutory provisions contained in section 12(2) of the indian limitation act shall have to be taken note of.9. ..... aforesaid chain of reasoning leaves one to the irresistible conclusion that filing of belated appeal along with an application under section 5 of the limitation act should never be interpreted as a bar on the second marriage by the adverse party. .....

Smt. Neelu Kohli Vs. Naveen Kohli

Court : Allahabad

Reported in : AIR2004All1; II(2004)DMC223

..... although the grounds of divorce have been liberalized with the enforcement of the marriage laws (amendment) act 1976, they nevertheless continue to form an exception of the general principle favouring the ..... of such relief, and(b) where the ground of the petition is the ground specified in clause (i) of sub-section (1) of section 13, the petitioner has not in any manner been accessory to or connived at or condoned the act or acts complained of, or where the ground of the petition is cruelty the petitioner has not in any manner condoned the cruelty, and(c) to (d) xxx xxx xxx xxx (e) there is no other legal ground why relief should not be ..... in spite of the fact of that divorces have now been made by the legislature much less stringent, it is always in public interest that marriage contemplated under the act as an institution of matrimony which under the hindu law is a sacrament and not a mere socio legal contract and is not performed for mere emotional gratification and not a mere betrothal but its contents are religious, should not ..... kamla devi (2001) 4 scc 250 : (air 2001 sc 1709), the apex court while considering the implication arising under section 23(1), clauses (a)(b) and (e) of hindu marriage act, had observed as follows :--'............learned counsel for the respondent submits that in certain situations, relief would be denied to the petitioner where it is found that he is taking advantage of his own wrong for the ..... the amount was paid on 17-2-2003 just two days after the .....

Commissioner of Income-tax Vs. Rampur Distillery and Chemical Co. Ltd.

Court : Allahabad

..... upholding the order of the commissioner of income-tax (appeals), who observed the order, passed under section 3(4) of income-tax act, 1961, on december 7, 1987, remained legally valid and did not become non est as a result of the amendment introduced in section 3 of the income-tax act, 1961, by the taxation laws (amendment) act, 1987, despite the fact that, in terms of the said order under section 3(4) the assessee would not have any previous year ..... in the meanwhile, an amendment was made in section 3 of the income-tax act by the taxation (sic - direct tax) laws (amendment) act, 1987, by which an uniform previous year ending on march 31 of every year, commencing from ..... are of the view that the assessment made for the assessment year 1989-90, for the period, namely, january 1, 1987, to march 31, 1989, is in consonance with the amended section 3, which stood amended by the taxation (sic - direct tax) laws (amendment) act, 1987. ..... after the amendment in section 3 by the amendment act, 1987, the assessee itself changed the previous year from june 30 ..... this appeal, under section 260a of the income-tax act, relating to the assessment years 1988-89 and 1989-90, arises from the order of the tribunal, dated may 19, 1990, which raises the following substantial questions of law : "(i) whether the tribunal was justified in upholding the order of the commissioner of income-tax (appeals) who directed the assessing officer to frame a single assessment for the entire period from january 1, 1987, .....

K.M. Bansal (Deceased by Lrs.) Vs. Commissioner of Income-tax and anr.

Court : Allahabad

Reported in : (1992)103CTR(All)324; [1992]195ITR247(All)

..... impugned notices under section 148 were issued in march, 1989, that is, prior to the amendment of section 147 by the direct tax laws (amendment) act, 1989, with effect from april 1, 1989. ..... filed their returns or revised returns, as the case may be, in response to the notice under section 148(1) and have also raised a contention that the very initiation of the reassessment proceedings is not in accordance with law, the assessing officer shall communicate the reasons recorded by him under section 148(2) to the assessee, subject, of course, to the necessity of protecting his sources/ informants if he thinks such protection is necessary in any given ..... not only taxing enactments, but several control orders made under section 5 of the essential commodities act empower several officials to inspect, search and seize documents, commodities and other material, on their being subjectively satisfied that a violation has ..... the proceedings for assessment or reassessment under section 34(1)(a) of the income-tax act start with the issue of a notice and it is only after the service of the notice that the assessee, whose income is sought to be assessed or reassessed, becomes a party to ..... proceedings of the nature provided by section 147 of the income-tax act have to be initiated on the concerned authority being satisfied subjectively that a certain violation of la-w has taken place ; in the case of section 147, it is escapement of income chargeable to tax for one or the other reasons mentioned in .....

Fazlur Rahman Vs. Income-tax Officer, a Ward

Court : Allahabad

Reported in : [1973]90ITR479(All)

..... the contention of sri deokinandan, learned counsel for the department, on the other hand, is that the period of eight years, in the present case, expired on march 31, 1955, before the amending act of 1956 came into force and, therefore, the notice was barred by the rule of limitation prescribed by section 34(1)(a) as it stood in 1948. ..... if a notice under section 34(1)(a) in respect of a particular year issued before the amendment act of 1959 is not saved by section 4 of the amendment act of 1959, then, if the notice in respect of the same assessment year is issued after the amendment act of 1959 it will not be saved by section 34(4). ..... if the notice issued after the 1956 amendment but before the 1959 amendment was not saved by section 4 of the amendment act of 1959, then a notice in such a case issued after the 1959 amendment would not be saved by sub-section (4) of section 34, for both the provisions save the notice from the same prescription as to time. 18. ..... the position then would be that in a case involving the same amount of escaped income for the same year, a notice issued before the 1956 amendment and invalid under the 1948 amendment would be validated and a more recent noticeequally invalid under both the earlier and present laws would remain invalid. ..... at the instance of the assessee, certain questions of law were referred by the appellate tribunal to this court (income-tax reference no. .....