Court : Kerala
Reported in : AIR1995Ker159; I(1995)DMC559
..... 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. ..... two questions which are inter-linked, on the facts of the case (1) whether this appeal is maintainable under section 19 of the family courts act, 1984 and (2) whether the decree for divorce passed under section 13-b of the hindu marriage act is correct can be disposed of together.2. ..... of section 13-b of the hindu marriage act contemplates that after the expiry of six months from the date of presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, on the motion made by both the parties the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, pass a decree of divorce declaring the marriage to be dissolved with effect from ..... 'the above provisions of the hindu marriage act indicate that for the court to pass a consent decree certain essential requirements are to be ..... hindu marriage act the appellant is a consenting party to the divorce and accordingly passed a decree for divorce .....
Tag this Judgment!Court : Kerala
Reported in : AIR2004Ker79
..... section 16 of the hindu marriage act begins with 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 13 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 ..... . there is a substantial question of law involved in the second appeal regarding the presumption of marriage between deceased muthamma and deceased madhavan and the legitimacy of plaintiffs and 6th ..... . even in the absence of any evidence in respect of the customary form of marriage, it is to be presumed that they are husband and wife for all purposes because of the long living as husband and ..... . so according to them, there is judicial pronouncement with regard to the legal marriage between the first defendant and deceased madhavan and defendants 2 to 5 as their children in the said ..... so according to the defendants, there is no possibility of solemnizing a customary form of marriage between madhavan and muthamma during the relevant time ..... it is submitted by learned counsel for the review petitioners that even if the marriage between muthamma and madhavan was not legal, the plaintiffs are entitled to get share in the property of their father as per section 16 of the hindu marriage act .....
Tag this Judgment!Court : Kerala
Reported in : 2012(3)KLT888
..... 13b of the hindu marriage act was inserted by the marriage laws (amendment) act, 1976 (act 68 of 1976). ..... going by clause (bb) and clause (c) of sub-section (1) of section 23 of the hindu marriage act, even an application under section 23 of the hindu marriage act, even an application under section 13b of the hindu marriage act can be dismissed by the court, if it is found that the petition was presented or prosecute din collusion with ..... a consent under section 13b of the hindu marriage act is a consent to do a lawful thing as provided under section 13b, while collusion as envisaged in clause (c) of sub-section (1) of section 23 is a consensus between the parties to do an ..... also allow the petition under section 13b of the hindu marriage act and dissolve the marriage between the appellant and the respondent with effect from 24.6.2005 ..... the parliament thought it fit that a provision must be introduced in the hindu marriage act to enable the parties to approach the court to get a decree of divorce by ..... as section 13b of the hindu marriage act was introduced as section 10a in the divorce act and section 28 in the special marriage act. 7. ..... and the respondent filed an application under section 13b of the hindu marriage act before the family court, thiruvalla. ..... is to be held that in every consent there is collusion, the very theory of consent and the opportunity afforded to the parties to the marriage to apply for a consent decree under section 13b of the hindu marriage act would be defeated. .....
Tag this Judgment!Court : Kerala
Reported in : 2012(4)ILR(Ker)121; 2012(4)KLT303; 2012(4)KLJ203
..... proviso was inserted to section 24 of the act, by the marriage laws (amendment) act 2001, act 49 of 2001. ..... if no application is filed claiming relief under section 24 of the hindu marriage act, the court would not be in a position to arrive at the correct conclusion, having regard to the matters to be taken into account, as provided under section ..... irresistible conclusion is that the party claiming maintenance pendente lite and/or expenses of the proceeding under section 24 of the hindu marriage act should claim the same by filing an application. ..... the proviso to section 24 of the hindu marriage act is similarly worded as the third proviso to section 125(1) of the cr.p.c. ..... section 24 of the hindu marriage act (for short, 'the act') provides for maintenance pendente lite and expenses of ..... in so far as section 24 of the hindu marriage act is concerned, specific mention is made on the requirement of an application for making a claim for maintenance pendente lite and expenses of the ..... jain (air 2010 supreme court 3540), while dealing with the scope and ambit of section 24 of the hindu marriage act, it was held thus: "8. ..... "on the application of the wife or husband" and "pay to the petitioner" mentioned in section 24 of the act make it clear that an order under section 24 can be passed only on an application. ..... involved in this original petition is whether an application is required to claim maintenance pendente lite and expenses of proceedings, under section 24 of the hindu marriage act. 2. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1990Ker78
..... . i am aware of the provision in section 16 of the hindu marriage act that 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 the act and whether or not the marriage is held to be void otherwise than on a petition under the act ..... lord coleridge said :'1 am quite aware, 'that dictionaries are not to be taken as authoritative exponents of the meanings of words used in acts of parliament, but it is a well-known rule of courts of law that words should be taken to be used in their ordinary sense, and we are therefore sent for instruction to these books' he then cited johnson's and webster's definitions of credit'. -- r. v. ..... . though i had serious doubt about the question of law involved in this case, which i have now resolved, i frankly and candidly confess that i had no doubt that the circumstances revealed in the case would not justify allowing the respondents herein to take inquisition proceedings under section 63 of the act, for a declaration by the court that indira devi is a lunatic, when her own mother is seriously resisting that petition and there are serious ..... . zemindari abolition and land reforms act, 1950 would only mean lawfully held or not .....
Tag this Judgment!Court : Kerala
Reported in : 2004(1)KLT632
..... we are not considering the question of constitutionality of the 1989 amendment act as it is included in the ninth schedule and we are not also mentioning anything regarding the rights of the karaima holder under the 1969 or 1989 acts as we are only concerned in these petitions about the effect of the 1999 amendment act and we are of opinion that the impugned amendment act is unconstitutional and unreasonable.consequently, all the original petitions are allowed. ..... it was further argued that article 31a of the constitution is not limited to agrarian reforms and the act was passed with full legislative competence and in view of article 300(a), the land was taken by a valid law, impugned amendment act is fully constitutional. ..... it is stated in some of the cases that after purchase certificate was given for karaima holding as per the 1969 amendment act in the balance property in the possession of the owners they have constructed residential house and in some cases it is stated that it is alienated. ..... it was contended by the learned government pleader that the amending act was intended for achieving the purpose of the original act itself and, therefore, since the original act is included in the ninth schedule, provisions of this act are also entitled to protection under article 31b of the constitution of india. ..... ((2003) 8 scc 255).14. .....
Tag this Judgment!Court : Kerala
Reported in : AIR2000Ker337
..... ' therefore, section 157(5) was amended by amendment act 13/99 with effect from 24-3-1999 by which such meetings should be presided over by the president if the 'no confidence motion' is against the vice-president and it should be presided over by thevice-president if the motion is against the president ..... p 1 was accepted after 18-1-2000 and even after publication of the amendment act in march, 2000, it cannot be stated that it is protected as something done correctly under the old act. 3. ..... convening of a meeting by an officio authorised by the government is also illegal and without jurisdiction in view of the amendment act. ..... again the act was amended by ordinance 3/2000 with effect from 18-1-2000 ..... p6 resolution is set aside without prejudice to move fresh resolution according to law and the original petition is allowed. ..... section 2 57 of the kerala panchayat raj act, 1994 (hereinafter referred to as 'the act') provides that 'no confidence motion' can be moved against the president or vice president only in accordance with the procedure laid down ..... the above ordinance was replaced by act incorporating the same provision and that is applicable from 18-1-2000 ..... therefore, it is mandatory that provisions in the act have to be complied with while moving 'no confidence motion' ..... section 157(2) of the act provides that such proposed motion should be delivered in person by any of the elected members of the panchayat signing the notice, to the officer as may be authorised by the government in this .....
Tag this Judgment!Court : Kerala
Reported in : [1985]152ITR691(Ker)
..... act, 1961 (for short 'the act'), the following question of law :'whether the inspecting assistant commissioner had jurisdiction to impose the penalty in question under section 271(1)(c) after the amendment by the taxation laws (amendment) act, 1975, vesting the power to impose the penalty on the assessing authority with effect ..... in appeal before the tribunal and one of the principal contentions urged was that in view of the amendment effected to section 274(2) by the taxation laws (amendment) act, 1975, with effect from april 1, 1976, the iac had no jurisdiction to impose the penalty in the instant case and it was only the assessing authority who was competent to exercise the powers under section 271(1)(c) of the act. ..... the tribunal in the present case, because on the date of initiation of the penalty proceedings, it was the iac of income-tax who was the authority competent under section 274(2) of the act as it then stood to exercise the power under section 271(1)(c) in relation to the assessee in this case. ..... 136itr733(ker) , wherein after a review of the case law on the subject, this court has held that the competence of the authority to exercise the power under section 271(1)(c) is to be determined with reference to the law in force on the date of initiation of the penalty proceedings ..... holding that the competence of the authority to exercise the power under section 271(1)(c) is to be determined with reference to the law in force on the date on which the assessee filed his return. .....
Tag this Judgment!Court : Kerala
Reported in : AIR2008Ker84; 2008(1)KLJ162; 2008(1)KLT331
..... 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(bb) when a divorce is sought on the ground of mutual consent, such consent has not been obtained ..... thus though under the hindu marriage act, 1955 no endeavour for reconciliation need be made in a petition for divorce on the ground of conversion to another religion, or other grounds excepted under section 13(1) of the hindu marriage act or on similar or other grounds available under any other law also, after the introduction of the family courts act, 1984, the family court is bound to make ..... process, a noval question to be decided is, whether conciliation is mandatory after the introduction of the family courts act in a petition under section 13 of the hindu marriage act even on the excepted grounds of conversion to another religion, renunciation of the world, mental disorder, venereal diseases ..... amendment act ..... the provisions of the family courts act, the rules framed by the high court and the state, the amended code of civil procedure would clearly show the role of conciliation for reconciliation/settlement ..... the code of civil procedure was amended in 1976 to provide for a special procedure to be adopted in suits or proceedings relating .....
Tag this Judgment!Court : Kerala
Reported in : II(1990)DMC119
..... indications of revival of legislative function in this line were shown by introduction of marriage laws (amendment) bill. ..... sadananda ghosh, air 1989 calcutta 1 thus :'we are inclined to think that our parliament or the state legislatures (marriage and divorce being matters in the concurrent list) should very seriously consider the question of introducing similar amendments in the divorce act of 1869 to bring it in harmonious conformity with other analogous enactments on the subject governing the other communities in india'.unfortunate it is that despite repeated exortations from several high courts in india, ..... appear to be highly antiquated, and that they have not kept pace with the provisions of similar enactments relating to marriage in other communities, which are of a far more progressive character it is only under this act 4 of 1869 that the law remains where it was, when this enactment was born, so that parties governed by this law are under the grave disadvantage that, even if a husband deserts his wife for a considerable period, that will ..... be no ground for divorce; in our view, it is a genuine hardship, and there is urgent need for re-examination of the provisions of act 4 of 1869, as the act governs a large body of persons in this country to see that its provisions are rendered .....
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