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

Kerala Transport Co., Hyderabad and Etc. Vs. Atul Kumar Agarwal and Et ...

Court : Andhra Pradesh

Reported in : AIR1986AP306

..... the building camse under the rent law by the amendment act of 1964, dt. ..... but it has also been observed (vide paras 22 to 24 of air) that even though by 10-6-1964, when the amending law applied, the building was not a 'builidng' let under the rent law, and the occupation was not as tenant from 1-3-1964, still the words in s. ..... 3 of the amending act of 1964 expressly provided that every proceeding pending before any court or authority etc. ..... 3 of the 1964 amending act. ..... if a retrospective law is made by the legislature or a valid action is tkaen by the executive enablihg the landlord to exercise the rights accrued to him on date of suit, that would definitely result in extingushing or superseding the dismissal of the suit by the civil court, and in that case, it would surely be open to the court which dismissed the suit to reopen the same and dispose of the matter in accordance wiht such amended law. ..... the fact that a decree or any other process extinguishes the tenancy under the general law of real property does not terminate the status of tenatn under the act having regard to the carefully drawn inclusive clause. ..... 2 (8) of the act that the 'tenant' was a tenant under the act if the occupant was once a tenant and his tenancy was determined and he contiuned in occupation on the date of the 1964 amendment. ..... 10 (1) of the andhra pradesh act, it was observed : 'so it may be taken as established that under the genral law the tenancy in favour of chittibabu had been duly terminated. .....

Muzaffar Ali Sajjad and ors. Vs. State of Andhra Pradesh

Court : Andhra Pradesh

Reported in : 2002(1)ALD112; 2001(2)ALT(Cri)497; 2002CriLJ1068

..... 244, it was laid down as under:'if there is one thing dear on the language of section 2 of the central shariat act and section 2 of the madras amending act of 1949, it is that neither enactment purported to make the muslim personal law applicable to all matters relating to muslims. ..... by the central legislature was amended by madras act 18 of 1949 and section 2 as amended provides:notwithstanding any custom or usage to the contrary, in all questions, regarding intestate succession, special property of females, including personal property inherited or obtained under contract, or gift or any other provision of personal law, marriage, dissolution of marriage, including 'tallaq, ila, zihar, lian, khula and mubarrat, maintenance, dower, guardianship, gifts, trusts and trust properties and wakfs the rule of decision in cases where the ..... the bill seeks to amend the child marriage restraint act, 1929 to increase the minimum age of marriage from 15 to 16 for females and from 18 to 21 for males and to make consequential amendments in the hindu marriage act, 1955, and the indian christian marriage act, 1872. ..... for that purpose i have to see the statement of objects and reasons enacted in the said law, which reads as under:'statement of objects and reasons: -act 2 of 1978: - the child marriage restraint act, 1929 was enacted with a view to prevent child marriages, namely, a marriage to which either of the contracting parties is under a specified age. .....

Smt. Ch. Padmavathi Vs. Ch. Sai Babu

Court : Andhra Pradesh

..... ankamma (air 1988 ap 68), in which with regards to the same question of impleading an adulterer, observed that rule 8 of the rules framed under the hindu marriage act which provides where a husbands petition alleges adultery on the part of the respondent, the alleged adulterer shall, if he is living, be made a co-respondent ..... claims that because of their attitude, he was not able to discharge his duties, whereas unable to cope up with the attitude of the respondent, he issued a legal notice on 10-06-2003 mentioning various unpleasant incidents that occurred in between them and also seeking her to cooperate with him for obtaining divorce in between them, but she did not give any reply, however, at ..... the purpose of contending that till such time as the appellants application for amendment of his petition by addition of the alleged adulterers as co-respondents was allowed and the petition was amended accordingly, it was not in accordance with law and not maintainable. ..... , was not applicable because it was enacted prior to the amendment of section 13 of the act by reason of which provision (section 13) even a stray incident of sexual intercourse between one of the spouses with any other person would come under the purview of that provision for granting divorce ..... radha arun (air 2003 karnataka 508), a division bench of karnataka high court observed similarly under similar circumstances as follows: where such adulterer is named in the petition and evidence is let in to show that the .....

Smt. Ch. Padmavathi Vs. Ch. Sai Babu.

Court : Andhra Pradesh

..... gali ankamma 1 in which with regards to the same question of impleading an adulterer, observed that rule 8 of the rules framed under the hindu marriage act which provides "where a husband's petition alleges adultery on the part of the respondent, the alleged adulterer shall, if he is living, be made a co-respondent in the petition. ..... he claims that because of their attitude, he was not able to discharge his duties, whereas unable to cope up with the attitude of the respondent, he issued a legal notice on 10-06-2003 mentioning various unpleasant incidents that occurred in between them and also seeking her to cooperate with him for obtaining divorce in between them, but she did not give any reply, however, at a belated stage, ..... 223 (supra) for the purpose of contending that till such time as the appellant's application for amendment of his petition by addition of the alleged adulterers as co-respondents was allowed and the petition was amended accordingly, it was not in accordance with law and not maintainable. ..... ", was not applicable because it was enacted prior to the amendment of section 13 of the act by reason of which provision (section 13) even a stray incident of sexual intercourse between one of the spouses with any other person would come under the purview of that provision for granting divorce in favour of the other .....

Smt. D. Neelima Vs. the Dean of P.G. Studies, A.P. Agricultural Univer ...

Court : Andhra Pradesh

Reported in : AIR1993AP229; 1993(1)ALT458

..... underwent the stresses or strains or suffered the environmental disadvantages, the real backward class citizens faced, and on the other hand they belonged to forward castes in hindu society before their marriage that took place after they completed their graduation and thus were not socially and educationally backward, do not deserve appreciation inasmuch as acceding to the said submission would defeat the very provision ..... by the 3rd respondent challenging the orders of the learned single judge allowing the writ petition by declaring that the writ petitioner belonged to backward caste 'a' category consequent upon her marriage with a person belonging to bestha (fishermen) community and accordingly entitled to all the attendant benefits, including reservation for a seat in post graduate medical course (d. c. h.).7. ..... latter order and submitted that if an individual is permitted to enter into the caste or tribe covered by the said schedules by virtue of her marriage with a person belonging to such caste or tribe, it amounts to bringing-in alterations to the presidential orders, which is not permissible under the constitution ..... of the hindu marriage act prescribes that the provisions of the act would apply notwithstanding any rule of hindu law or custom to ..... amendment) act ..... ambedkar as the minister of law introduced the 1st amendment bill to the constitution, which was passed ..... the presidential order is only possible by way of an amendment that can be brought-in by the parliament alone as .....

Quazi Mohd. NajmuddIn HussaIn Vs. State of A.P. and ors.

Court : Andhra Pradesh

Reported in : AIR2005AP464; 2005(6)ALD1; 2005(6)ALT663

..... performance of marriage by issue of a marriage certificate prescribed under the executive instructions or any other law to the effect that he performed the marriage as per the personal law so that, in future, when a dispute arises as regards factum of celebration of marriage or regarding paternity of progeny born out of wedlock, there would be an authentic evidence of such marriage. ..... aforesaid extracts from the statement of objects and reasons and the preamble to the kazis act, clearly show that a kazi holds a position of considerable importance in mohammedan community and that his presence at the celebration of marriages and at the performance of certain other rites and ceremonies, is considered essential by ..... the parliament made wakf act (act 29 of 1954), amended from the time to time to perform secular functions relating to administration of wakf properties endowed by ..... this power exclusively vest with the government or should this power vest with somebody else because section 2 of the act itself is prima facie ambiguous which says that the government shall appoint kazis after consultation with prominent mohammedans of the local ..... also extracted an extract from the report of the select committee, which reads as under:'it has been urged by some of the authorities consulted that the act should define the duties of the kazis to be appointed under it, and should give them an exclusive right to perform those duties. ..... , : (2003)7scc546 , particularly to paras 63 and 64, which read .....

Snehalatha Vs. S. Ramakrishna Reddy

Court : Andhra Pradesh

Reported in : 2002(1)ALD130

..... act was introduced by hindu marriage (amendment) act ..... any matrimonial disputes can be best subjected to a fair trial in the places referred to herein;(5) it is also relevant to take into consideration the economic soundness, the social strata and the behavioral pattern antecedent to marriage of the parties to the case while ordering transfer;(6) while applying the above principles having a bearing on the decision, fair trial should be assured to both the parties and no party should be allowed to take ..... take into consideration the economic soundness of either of the parties, the social strata of the spouses and the behavioral pattern of their standard of life antecedent to marriage and subsequent thereon and after the snap of the knot which resulted in marriage, the circumstances -of either of the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance of life.17, an analysis of statutory ..... court 'prejudice in prosecuting case' to either of the spouse is relevant consideration in a transfer application;(4) while ordering transfer of the cases, the court should keep in mind the provisions of section 19 of the hindu, marriage act for any case filed by any spouse in a place other than the places referred to in section 19 viz. ..... apart from the provisions in the cpc, which apply to proceedings under the marriage laws, section 21a of the act enables the high court to transfer a petition for judicial separation or for a decree of divorce in .....

Usha Rani Vs. N. Sridhar

Court : Andhra Pradesh

Reported in : 2003(5)ALD803; I(2004)DMC300

..... 'the supreme court in the above decision categorically held that even where the marriage has irretrievably broken down, the act, even after the 1976 (amendment)act, does not permit dissolution of the marriage on that ground and that this circumstance may have to be kept in mind while ascertaining the type of cruelty contemplated by ..... case (supra), that irretrievable break down of the marriage itself 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 in the amendment act of 1976. ..... , the appellant-wife contended that the respondent-husband demanded her to sell away the properties so as to perform the marriages of his sisters, that he has a fancy of changing wives and in spite of all these things she is ready to join ..... filed by the respondent-husband on the ground of irretrievable break down of the marriage, as there is no provision under the act for granting the relief the learned counsel further contended that the court below failed to appreciate the evidence in proper perspective and misdirected itself to the facts of the case and came to ..... since both the appeals involve common questions of fact and law, they are heard together and are being disposed of by this common ..... this finding of the court below is not in accordance with law in view of the authoritative pronouncement of the supreme court in ..... involved common questions of fact and law, they were tried together by leading common evidence and disposed of by a common .....

Smt.K.Kavi Vs. Shiva Shank

Court : Andhra Pradesh

..... (1-a) was introduced in section 13 by section 2 of the hindu marriage (amendment) act, 1964 (44 of 1964). ..... section 23 of the act, therefore cannot be construed so as to make the effect of amendment of the law by insertion of section 13(1-a) ..... evidence of rw.2, father of rw.1, is scanned, he admits that her daughter came to his house in the month of march, 2003, as she was not well and as she was carrying and, therefore, she did not join her husband at bandlaguda. ..... of her husband in the maintenance case and that the woman with whom, she was alleging illicit intimacy, is a married woman having two children and residing with her husband, two sisters-in-law in her house and her (saritha) husband is having a shop of his own dealing with steel utensils. ..... 2008, having adverted to the above factual events, the wife specifically denied that she deserted her husband on her own volition, but mentions that as she was subjected to harassment by her husband, mother-in-law and sister-in-law and as there was no other alternative, she has been living with her parents. ..... states that while she was living in the house of her in-laws, her husband and his family members harassed her demanding to get ..... therefore, inclined to hold that the law laid down in chaman lal's case (1971-73 pun lr104 (supra) is not the correct position of law and the said authority is, therefore, overruled ..... it is stated, since she was unable to adjust in her in-laws house, very often she used to visit her parents house and stay there .....

Vempati Anasuyamma (Died) by Lrs. and ors. Vs. Gouru Venkateswarloo an ...

Court : Andhra Pradesh

Reported in : 2008(4)ALD759; 2008(5)ALT104

..... : air1992ap234 , wherein it was held thus:in conclusion we hold that by virtue of section 16 of the hindu marriage act, as amended in 1976, the illegitimate son can be equated with his natural sons and treated as coparceners for the properties held by the fate whether ..... defendant after enforcement of hindu marriage act, 1955 (for short 'the act') in the presence of 1st defendant (first wife) alive, the plaintiff shall be deemed to be the legitimate son of the 2nd defendant in view of the marriage amendment laws of 1976. ..... to pw.2 through dw.4 and even assuming for a moment that pw.l is the son of pw.2 through dw.4, inasmuch as 1st defendant, who is the legally wedded wife of d.w.4 was alive at the time of alleged marriage, the second marriage itself is void, that it was contrary to section 5 of the act and hence, plaintiff and defendants 5 and 6 can be said to be the illegitimate children and they have no right in the property.13. ..... 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, such child would have been incapable of possessing or acquiring any such rights by reason of his not ..... act lays down, for a lawful marriage, the necessary condition that neither party should have a spouse living at the time of the marriage .....