Judgment Search Results Home > Cases Phrase: marriage laws amendment act 2003 Court: andhra pradesh Page 1 of about 5,464 results (0.144 seconds)

Ajmeera Hari Naik Vs. Suman Rathod and Nine Others

Court : Andhra Pradesh

..... belongs to lambada tribe, which is included in the schedule tribe under the schedule castes and schedule tribes orders (amendment) act, 1976, that for the purposes of the constitution of india, as far as the state of andhra pradesh is concerned, the 1st respondent does not belong to schedule tribes, that in view of her marriage with her husband ramesh rathod, her social status with regard to her caste would not be changed, that under ..... so in the considered opinion of this court, the amended act 10 of 2003 is only applicable to those banjaras whose ancestors or their offspring are residents of the locality in any part of the state of andhra pradesh as on the date of the ..... the election petition that 1st respondent is not ordinary resident of andhra pradesh, that in view of inclusion of banjara caste in the list of scheduled tribe order in the year 2003, she deemed to be a scheduled tribe community recognized by the presidential order after 2003, that the petitioner by ignorance of law filed the election petition on misconception that banjara caste is not scheduled tribe in relation to the state of andhra pradesh and hence, there is no cause of action for filing ..... petitioner has made the said allegation without consultation of law and in ignorance of act 10 of 2003. ..... inclusion of banjara tribe in the schedule of the constitution (scheduled tribe) order, 1950 by virtue of the amendment, which came into effect in the year 2003 is a question of law, it can be raised at any time. .....

State of Andhra Pradesh, Rep. by the Aut Vs. Nalamati Dorayya and Othe ...

Court : Andhra Pradesh

..... amendment act no.13 of 1986 to the hindu succession act, 1956 came into effect as her marriage was performed on 06-06-1987. ..... a division bench of this court in utukuri sarat kumar and others (6 supra) held that as on 01-01-1975, the notified date, a major daughter was not a coparcener in a hindu joint family and she was made so only by virtue of ap amendment act no.13 of 1996 with effect from 05-09-1985 and that by 05-09-1985, the ceiling law had already operated. ..... 43 (nrc) 5 1980 (1) a.p.l.j.324 6 1998 (1) ald716(db) 7 1999 (4) alt3538 2003 (4) alt9(sc) 9 1987 (2) aplj92(ap) 10 1999 (4) alt353the hon'ble sri justice m.s.ramachandra rao c.r.p.no.196 of 2004 order: this civil revision petition is filed under section 21 of the ap land reforms (ceiling on agricultural holdings) act, 1973 (for brevity, 'the act') challenging the order dt.29-07-2003 in l.r.a.no.13 of 2001 on the file of the land reforms appellate tribunal-cum-iv additional district judge, east godavari district at kakinada.2. ..... declarant was aged about 19 years as on 01-01-1975, that this is clear from the declaration filed by the declarant and even if the parties did not appear, the lower tribunal cannot escape from applying the law on that ground and reject the claim of the declarant and his daughter. .....

The Public Prosecutor, High Court of A.P. Vs. Nese Jilakara Sreeramulu

Court : Andhra Pradesh

Reported in : 2004(1)ALD(Cri)519; 2004(2)ALT504; 2004CriLJ1629

..... act, 'dowry' means any property or valuable security given or agreed to be given either directly or indirectly --(a) by one party to a marriage to the other party to the marriage; or(b) by the parents of either party to a marriage or by any other person, to either party to the marriage or to any other person;at or before or any time after the marriage in connection with the marriage of the said parties, but does not include dower or mahr in the case of persons to whom the muslim personal law ..... enactment of the dowry prohibition act, 1961 and the amendments to the act have been dealt with in a great deal in state of karanataka (2003 cri lj 900) (sc) ..... :--'the dowry prohibition act, 1961 was recently amended by the dowry prohibition (amendment) act, 1984 to give effect to certain recommendations of the joint committee of the house of parliament to examine the question of the working of the dowry prohibition act, 1961 and to make the provisions of the act more stringent and ..... amendment) act, 1984 was an improvement on the existing legislation, opinions have been expressed by representatives from women's voluntary organisations and others to the effect that the amendments made are still inadequate and the act needs to be further amended ..... 1998crilj1144 the apex court has held as follows (para 16) :'it is significant that section 4 of the 1961 act, was also amended by means of act 63 of 1984, under which it is an offence to demand dowry directly or indirectly from the parents or other .....

Pinninti Venkataramana and anr. Vs. State

Court : Andhra Pradesh

Reported in : AIR1977AP43

..... the amendment, a wife may present a petition for dissolution of her marriage by a decree of divorce on the ground 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 and the explanation to clause (iv) provides; this clause applies whether the marriage was solemnized before or after the commencement of the marriage laws (amendment) act, 1976 ..... 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. ..... it may be pointed out that when the provisions of the hindu marriage act were extensively amended in 1976, by the marriage laws (amendment) act, 1976 (act no. ..... 13, after the enactment of the marriage laws (amendment) act, 1976, there is no other consequence whatsoever resulting from the contravention of the provisions of clause (iii) of s. ..... 13, as inserted by the marriage laws (amendment) act, 1976 are satisfied, at the instance of the bride, a decree for divorce can be granted. ..... the preamble of the act shows that it is an act to amend and codify the law relating to marriage among hindus. .....

Bathula Iylaiah Vs. Bathula Devamma

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) ..... .....

Rasala Surya Prakasarao and Others Vs. Rasala Venkateswararao and Othe ...

Court : Andhra Pradesh

Reported in : AIR1992AP234; 1992(2)ALT346; II(1992)DMC608

..... unamended section 16, his lordship considered the effect of amendment to section 16 effected by section 19 of the marriage laws (amendment) act, 1976, and observed at page 214 as follows :'this amendment was made to remove certain anomalies and handicaps that had come to light after the passing of the hindu marriage act, 1955. ..... learned judge dealt with section 16 of the hindu marriage act, both before the amendment and after the amendment and its effect on the hindu succession act provisions and observed that 'section 16 enacts a complete code with regard to the off springs of void or voidable marriages: firstly it declares the status of such a child ..... section 16(1) of the hindu marriage act as amended in 1976, observed as follows (para 5 of air) :'this amendment clearly gives right even toillegitimate children even though the marriage might have been void or ..... amendment the sweep of section 16 has been widened and even where the marriage is null and void and under section 11 any child of such marriage shall be legitimate whether or not a decree of nullity is granted in respect of that marriage under the act and whether or not the marriage has been found void otherwise than on a petition under the act ..... relying upon various decisions which dealt with the rights of illegitimate sons of a sudra, he argued that even prior to the hindu marriage act, under the shastraic and textual hindu law, the illegitimate son of a sudra is entitled to claim a partition after the death of the father. .....

G. Nirmalamma and Others Vs. G. Seethapathi and Others

Court : Andhra Pradesh

Reported in : 2000(6)ALD487; 2000(6)ALT513

..... therefore, for better appraisal, the amended provision of section 16(1) is extracted below:'.....legitimacy of children of voidand voidable marriages: (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 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 whether or not the marriage is held to be void otherwise ..... from the facts and circumstances of the case and the settled principles of law, it is clear that when a male hindu contracts second marriage when the legally wedded first wife is alive, the marriage is in violation of section 5(i) of the hindu marriage act and it can be held that it is a void marriage, but the children born to them are legitimate children and they are entitled to succeed to the properties of their father, who died intestate and the second wife is not entitled ..... of this court in the above judgment after following the principle laid down by various high courts and the supreme court in a catena of decisions held that even prior to the advent of section 16of the hindu marriage act, both as per the shastraic and textual law, as well as the decisions of the highest courts, the illegitimate son of a sudra is entitled to enforce partition after the father's death. .....

Jagarlamudi Sujata and Another Vs. Jagarlamudi Jadadish Krishna Prasad ...

Court : Andhra Pradesh

Reported in : AIR1992AP291; 1992(1)ALT503

..... section 16 of the hindu marriage act after it is amended by the amending act of 1976 reads as follows :--'sub-section (1):-- notwithstanding that a marriage is null and void under section 11, any child of such marriage who would haveborn 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 ..... but by virtue of section 16(i) which is amended in 1976 and child of such marriage who would have been legitimate if the marriage had been valid shall be legitimate while 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 a marriage is held to be void otherwise than on a petition under this act. ..... in paragraph 27 of the judgment, the learned judges have summarised the propositions of law emerging from the discussion made above:--'in regard to a child of a void marriage : (1) a child of a marriage which is void under the provisions of hindu marriage act whether a decree of nullity is passed or not, is a legitimate child (s. .....

Abbayolla M. Subba Reddy Vs. Padmamma

Court : Andhra Pradesh

Reported in : 1998(5)ALD465; 1998(5)ALT152; I(2000)DMC266

..... even though the parliament in its anxiety to protect the legitimacy of the paternity of the child born out of that void marriage made a provision in section 16 of marriage laws (amendment) act, 1976, it has not extended similar protection in respect of the mother of that child. ..... further, as observed earlier, the parliament while passing marriage laws amendment act, 1976 (68/ 76) has considered it advisable to uphold the legitimacy of the paternity of children born out of a void marriage; it has not extended a similar protection in respect of the mother of such children. ..... by a decree- of nullity on any of the following grounds, namely: (a) that the marriage has not been consummated owing to the impotence of the respondent; or (b) that the marriage is in contravention of the condition specified in clause (ii) of section 5; or (c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner (was required under section 5 as it stood immediately before the commencement of the child marriage restraint (amendment) act, 1978) the consent of such guardian was obtained by force (or by fraud as to the .....

Chiranjeevi Vs. Smt. Lavanya @ Sujatha

Court : Andhra Pradesh

Reported in : AIR2006AP269; 2006(3)ALD522; 2006(3)ALT168; II(2006)DMC553

..... some of the provisions of hindu marriage act were amended by the hindu marriage laws amendment act, 1976. ..... bhagat : air1994sc710 has observed that irretrievable break down of the marriage is not a ground for dissolution of the marriage by a decree of divorce as it is not made as one of the grounds even under amended act, 1976.the appellant-husband pleaded three instances which, according to him, constitute cruelty, a ground for grant of divorce:firstly, accusing him of making false representation with regard to nature of his employment.secondly, accusation against ..... cited case, a division bench of this court relying on another division bench judgment of this court in anagalla padmaalatha's case reported in : 2000(1)ald697 has observed that filing of criminal case against the husband and her in-laws, which was held to be not proved by the criminal court, and also filing a case of maintenance, which appears to have been granted, basically prove the strong desire of the wife to be disassociated with the husband and ..... r.w.1 has stated that the appellant-husband left home on the premise of going on tour and when he did not return home, even after four days, she went to her in-laws house and enquired about him and came to know that he was going to office from his parents house and thereafter, her maternal uncle went to the office of her husband and then came to know of ..... sridhar 2003 (2) an.w.r. .....