Court : Kerala
Reported in : AIR2007Ker240
..... the questions involved in this matrimonial appeal are : (1) whether a petition for dissolution of marriage filed by the husband on the ground that the wife wilfully refused to consummate the marriage and the marriage has not therefore been consummated (which is a ground for dissolution of marriage under clause (vii) of section 10 introduced by the indian divorce (amendment) act, 2001, act 51 of 2001 by the substitution of section 10 of the divorce act, 1869) is liable to be dismissed on the ground that the petition was filed twelve years ..... comes to pass; designed; intentional; purposeful; not accidental or involuntary.premeditated; malicious; done with evil intent, or with a bad motive or purpose, or with indifference to the natural consequences; unlawful; without legal justification.an act or omission is 'wilfully' done, if done voluntarily and intentionally and with the specific intent to do something the law forbids, or with the specific intent to fail to do something the law requires to be done; that is to say, with bad purpose either to disobey or to disregard the ..... the petition for dissolution was filed on 22-7-2003.12. ..... he came to india on getting intimation that his mother committed suicide on 25-6-2003. ..... the mother of the husband committed suicide on 25-6-2003. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1990Ker151
..... as a ground for divorce was added to section 13 by the marriage laws (amendment) act, 1976. ..... prior to the amendment act of 1976, cruelty was not an offending act constituting a ground for ..... we are dismissing this appeal we feel that this is a fit case where the parties should consider whether a joint petition can be filed under the hindu marriage act for divorce, since it is seen that the husband and wife are not living together for a considerablenumber of years. ..... the true content and import of desertion clause (1)(b) of section 13 of the hindu marriage act imparts a definite idea of complete and endless abandonment of one spouse by the other ..... course one circumstance has been brought out in the case that when the mother-in-law died though information was given the wife did not return to the house of thehusband ..... facts necessary for the decision of this appeal are these : the marriage between the appellant and the respondent was on 6-11-1978. ..... wanted divorce under sections 13 and 13a of the hindu marriage act. ..... on the day of marriage of the appellant and respondent there was another marriage between the husband's sister and wife's ..... before the amendment, it was only a ground for judicial ..... explanation makes it clear that the expression 'desertion' means the desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent and against the wish of such party and it includes the willful neglect of the petitioner by the other party to the marriage. .....
Tag this Judgment!Court : Kerala
Reported in : AIR2006Ker26; I(2006)DMC155; 2005(4)KLT1
..... the learned counsel for the appellants argued that the marriage laws (amendment) act, 1976 (act 68/1976), hereinafter referred to as 'the amending act', came into operation, having received the assent of the president and published in gazette of india only on 27-5-1976 and that therefore, the provisions contained in section 16 of the act, as substituted by the amending act, could not apply to confer legitimacy on plaintiff and defendants 5 to 8 to succeed to the estate of ramunni, who died intestate on 25-2-1974, ..... of children of void and voidable marriages:(1) 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, 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. ..... said substantial question, so formulated, is as follows:(i) has section 16(1) of the hindu marriage act 1955 as amended by the marriage laws (amendment) act 1976 (central act 68 of 1976) got such a retrospective effect as to enable the plaintiff and defendants 5 to 8 to divest defendants 1 to 4 of the estate of ramunni that had already vested in them in 1974 prior to the commencement of act 68 of 197614. ..... union of india, : (2003)181ctr(sc)1 , shyam sunder .....
Tag this Judgment!Court : Kerala
Reported in : 2006(4)KLT432
..... legitimacy of children of void and voidable marriages:(1) 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, 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. ..... the hindu marriage act underwent important changes by virtue of the marriage laws (amendment) act, 1976, which came into force with effect from 27-5-1976. ..... had taken place among all the members of the family living on the day aforesaid, whether such members were entitled to claim such partition or not under the law applicable to them, and as if each one of the members is holding his or her share separately as full owner thereof.the provision of law on the basis of which the petitioners lay their claim in this original petition is section 16 of the hindu marriage act, 1955 as amended by act 68 of 1976, which reads thus:16. ..... kumar sitaram, reported in 2003(1) klt 348, submit that such rights of the illegitimate children for succession to property cannot be extended to coparcenery properties.8. .....
Tag this Judgment!Court : Kerala
Reported in : AIR2007Ker246
..... legitimacy of children of void and voidable marriages -(1) 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, 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.13. ..... it was argued that an illegitimate child is entitled to claim a share only if section 16(1) of hindu marriage act is attracted and to attract section 16(1) the marriage should have been void as provided under section 11 and only if the marriage was void under sub-section (1), or (iv) or (v) of section 5, section 11 is attracted and as both the courts below concurrently found that there was no marriage at all, first respondent is not entitled to a share as provided under section 16(1) and therefore the decree and judgment passed by the ..... in law, in order to attract section 16(1) of the act there should have been a solemnization of marriage between padmanabhan nambiar and second respondent and that marriage should have been null and void for contravention of any of the conditions specified in clause (i) or clause (iv) or clause (v) of section 5 as provided under section 11 of the act. .....
Tag this Judgment!Court : Kerala
Reported in : 2010(2)KLT459
..... -- (1) 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 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. ..... - (1) subject to the provisions of this act and the rules made thereunder, a petition for dissolution of marriage 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 indian divorce (amendment) act, 2001, on the ground that they have been living separately for a period of two years or more, that they have not been able to live together and they have mutually agreed that the ..... we may, in these circumstances summarise the law and state that not only conditions a, b, c and d below; but condition e below also are mandatory requirements that must all co- exist before the court's power under section 13b of the hindu marriage act, section 10a of the divorce act and section 28 of the special marriage act to pass the decree for dissolution on the basis of a joint application for divorce on mutual consent is invoked:a. .....
Tag this Judgment!Court : Kerala
Reported in : II(2000)DMC59
..... clause (iii) has been substituted by marriage laws (amendment) act, 1976 for the original clause (iii) which was as under:'has been incurably of unsound mind for a continuous period of not less man three years immediately preceding the presentation of the petition.'9. ..... persons differ from one another in the degree of intelligence possessed by them; it would be a dire calamity if it could be said as a matter of law that a marriage entered into by a person who is neither a lunatic nor an idiot in a serious stage, because he or she lacks intelligence, although otherwise capable of understanding the nature of the bonds of matrimony into which he or she is entering or has entered. ..... clause (ii) of section 5 of the hindu act has also been substituted by the 1976 amendment act. ..... an application was filed by the wife under section 18 of the act for a declaration that the marriage solemnised between her and respondent no. ..... section 5(ii) of the hindu act lays down as one of the conditions for a hindu marriage that neither party must be incapable of giving valid consent in consequence of unsoundness of mind or has been suffering from mental disorder. ..... divorce-(1) any marriage solemnised, 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-xxx xxx xxx xxx xxx xxx xxx xxx(iii) has been incurably of unsound .....
Tag this Judgment!Court : Kerala
Reported in : I(2001)DMC549
..... 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 commencemeny 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. ..... 12, any child begotten or conceived before the decree is made, who would have been the legitimate child of the parties to the marriage if at the date of the decree it had been dissolved instead of being annulled, shall be deemed to be their legitimate child notwithstanding the decree of ..... any right 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 being the legitimate child of his parents. ..... learned counsel for the appellants submitted that in the absence of any evidence to prove that there was a customary marriage, living together as husband and wife will not confer the status of husband and wife. ..... 2nd defendant has not come forward either to file a written statement or to give evidence denying the marriage of the 1st plaintiff with kunjiraman nambiar.the 4th defendant was examined as dw. 1. ..... 16 of the hindu marriage act to award share to the second plaintiff on the pleadings and evidence in the case ..... of the hindu marriage act. .....
Tag this Judgment!Court : Kerala
Reported in : I(2008)DMC235
..... 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. ..... , after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnised and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree.the court gets jurisdiction to consider a petition under section 13b of the act for divorce by mutual consent, only if a petition for that purpose is presented to the ..... of attorney holder is entitled to present a petition for dissolution of marriage by a decree of divorce by mutual consent under section 13b of the hindu marriage act, 1955 is the interesting question arising for consideration in this case ..... naseema : 2005(4)klt565 , on a question as to which sect a party to a marriage belongs to, held that 'power of attorney can give evidence only in respect of acts done by him in the exercise of powers granted by the instrument, but he cannot depose for the principal in respect of the matter on which the principal alone can .....
Tag this Judgment!Court : Kerala
Reported in : (1987)59CTR(Ker)143; [1986]160ITR588(Ker)
..... the tribunal has, however, cancelled that part of the penalty also on the ground that section 140a(3) as amended by the taxation laws (amendment) act, 1970, was held ultra vires and void by a division bench of the madras high court in the decision in a. m. ..... the tribunal held that the cancellation of penalty for the period after april 1, 1976, is perfectly valid in the light of the amendment of section 140a as per the taxation laws (amendment) act, 1975, that had come into force on april 1, 1976. ..... section 140a was further amended by the taxation laws (amendment) act, 1975, and the amended section came into force with effect from april 1, 1976. ..... act as amended by the taxation laws (amendment) act, 1970, has not been accepted and sub-section (3) of section 140a of the act had been held to be perfectly valid and not violative of article 19(1)(f) of the constitution. ..... the section was amended by the taxation laws (amendment) act, 1970, with effect from april 1, 1971. ..... whether, on the facts and in the circumstances of the case, the tribunal was right in holding that the amended provision of section 140a(3) which came into effect on april i, 1976, could not be invoked in the present case and consequently whether the tribunal was justified in cancelling the penalty imposed under section 140a(3) of rs. ..... the income-tax appellate tribunal, cochin bench, has referred the following questions of law to this court, under section 256(1) of the income-tax act, 1961 (' the act' for short).'1. .....
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