Court : Punjab and Haryana
Reported in : (2005)140PLR584
..... 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(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 ..... the parties at any time till the decree of divorce is passed, to withdraw the consent given to the petition, it was held by the hon'ble supreme court that from the analysis of section 13b of the act, it will be apparent that the filing of the petition with mutual consent did not authorise the court to make a decree for divorce and that there is a period of waiting from 6 to 18 months after the ..... would have sent the case back to the trial court for deciding the petition under section 13b of the act afresh in accordance with law, since the said petition was decided by the trial court without waiting for the statutory period of six months ..... the said amendment was allowed and after recording the statements of the parties, the marriage between the parties was dissolved by a decree of divorce by mutual consent, by curtailing the period of six months and placing reliance on the law laid down by a division bench ..... the petition was adjourned to 5.4.2003 for recording the statements of ..... (2003-2) ..... 2003 .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR2005P& H187
..... 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 (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. ..... one of the parties at any time till the decree of divorce is passed, to withdraw the consent given to the petition, it was held by the hon'ble supreme court that from the analysis of section 13b of the act, it will be apparent that the filing of the petition with mutual consent did not authorise the court to make a decree for divorce and that there is a period of waiting from 6 to 18 months after the said date ..... the said amendment was allowed and after recording the statements of the parties, the marriage between the parties was dissolved by a decree of divorce by mutual consent, by curtailing the period of six months and placing reliance on the law laid down by a division bench judgment of this court ..... 1-10-2002, the petition was adjourned to 5-4-2003 for recording the statements of the parties. ..... in air 2003 p & h 179 (supra) (decided by one of us), the husband had filed a petition for the grant of divorce against the wife on the ground of ..... pal singh, air 2003 p & h 179 .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : IV(2005)ACC121; 2007ACJ879; (2005)141PLR145
..... vide code of civil procedure (amendment) act, 2002. ..... no further appeal in certain cases:- notwithstanding anything contained in any letters patent for any high court or in an other instrument having the force of law or in another law for the time being in force, where any appeal from an original or appellate decree or order is heard and decided by a single judge of a high court, no further appeal shall lie from the judgment and decree ..... letters patent appeal is maintainable against the judgment and order passed by the learned single judge in appeal under section 173 of the motor vehicles act, 1988, against the award rendered by the motor accident claims tribunal is the question raised.2. ..... of section 100-a of the code has been given over riding effect notwithstanding anything contained in any letters patent or any other instrument having the force of law or 'in any other law for the time being in force'. ..... the said question arose in proceedings under the hindu marriage act, 1956.4. ..... for the appellant has vehemently argued that the substituted provision of section 100-a of the code would not be applicable to an appeal under special statute, such as the motor vehicles act, 1988, section 4 of the code provides that nothing in this code shall be deemed to limit or affect any special or local law in force. ..... malina paul, : [2003]1scr1092 wherein it has been held that appeal under section 299 of the succession act, 1925 is not barred by the provisions of section 104 of the ..... 225 of 2003, balbir .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2008)2PLR175
..... if the motor vehicles (amendment) act of 1994 is examined, particularly section 46 of act 54 of 1994 by which expression 'injury to any person' in the original act stood substituted by the expression 'injury to any person, including owner of the goods or his authorized representative carried in the vehicle the conclusion is irresistible that prior to the aforesaid amendment act of 1994, even if widest interpretation is given to the expression to any person it will not cover either the owner of the goods or his authorized representative being carried ..... as would appear from the discussions made hereinafter a goods vehicle was required to be compulsorily covered by insurance policy in terms of 1939 act but was not so required in terms of 1988 act.in the present case the accident has occurred prior to amendment of 1994 and therefore, in view of the law laid down by hon'ble supreme court finding of learned tribunal cannot be sustained.consequently, f.a.o. no. ..... the reasons for fixing liability on the insurance company by the learned tribunal was that pw4 hanuman had stated that the four-wheeler was carrying dowry articles and other articles of marriage and some passengers of the marriage party were going along with the goods. ..... asha rani (2003-1)133 p.l.r. 1 (s.c.). .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1988P& H156
..... section 11 of the act, after its amendment by the marriage laws (amendment) act, 1976 is to the following effect :--'11. ..... valid, shall be legitimate, whether such child is born before or after the commencement of the marriage laws (amendment) act. ..... 11 of the act who would have been legitimate if the marriage had been valid, shall be legitimate whether such child is born before o after the amendment of 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 there is therefore no scope for doubt that respondent 1 is the legitimate child of hari singh and has the right to succeed to his estate.13. mr. n.s. ..... 1932 of 1976 and 41 of 1977 the learned single judge has referred the following question of law for our considerations:--'whether validity of a marriage in contravention of clause (i) of section 5 of the hindu marriage act, 1955(hereinafter called 'the act') performed after the enforcement of the act can he questioned by an aggrieved third party in a civil suit?'2. ..... 11 of the act, the law commission summarised the position of law; including the jurisdiction of the civil court to grant a decree of declaration that a marriage is a nullity as under :--'the hindu marriage act is a piece of matrimonial law and decrees of nullity, contemplated by it, are decrees passed by matrimonial courts. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1980P& H325
..... ' sub-section (1a) was further amended by the marriage laws (amendment) act 1978 (act no. ..... ' after amendment by the hindu marriage (amendment) act 1984 (act no. ..... the said subsection after amendment reads as follows:--(1a) either to a marriage whether solemnized before or after the commencement of this act, may also present a petition for dissolution of the marriage by a decree of divorce on the ground-- (i) that there has been no resumption of cohabitation as between the parties to the marriage for a period of one year or upwards after the passing of a decree for judicial separation in a proceeding to, which they were parties; or (ii) that there has been no restitution of p conjugal rights as between the ..... on the other hand, the learned counsel for the respondent has argued that in view of the amendments having been made in the act, after passing of a decree for restitution of conjugal rights in favour of a spouse either of the spouses can make an application for divorce, if there has been no restitution of conjugal rights between the parties for a period of one year or .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR2006P& H93; (2006)142PLR615
..... 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 ..... supra) while interpreting the provisions of section 13-b of the act has held as under: -.unless the parties to the petition under section 13-b of the act, who have mutually consented to have the marriage dissolved, continued to signify their mutual consent for the dissolution of the marriage right up to the date of the decree, the marriage cannot be dissolved under sub-section (2) of section 13-b of the act merely on the basis that six months earlier the parties ..... petitioner-wife questions the legality of order dated 30.1.2003 passed by the learned additional district judge, rewari whereby the trial court on a petition filed by the parties under section 13-b of the hindu marriage act, 1955 (in short 'the act') for divorce by mutual consent had framed as issue - whether the consent of the wife at the time of presentation of petition under section 13-b of the act was obtained by force, fraud or undue influence ..... dated 30.1.2003 is set aside and the application for withdrawl of petition under section 13-b of the act is .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1977)79PLR574
..... objection to the effect that the petition for divorce is liable to be dismissed under order 9 rule 9 of the code as the respondent did not get his original application for judicial separation restored which he could have amended after the coming into force of the marriage laws (amendment) act (68 of 1976) so as to claim therein a decree for divorce which could be claimed in a pending case after the coming into force of the ..... 7(a)(ib) of the marriage laws (amendment) act, 1976(hereinafter called the amending act) whereby the ground of desertion was for the first time added to the grounds on which divorce could be claimed under that section, and that is why he filed the present application for divorce on that ground on which judicial separation alone could be claimed prior to the amendment of s. 13. ..... 39(1)(i) of the amending act which provides that all petitions and proceedings in causes and matters matrimonial which are pending in any court at the commencement of the amending act shall be dealt with and decided by such court, 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 the amending act. ..... 39 of the amending act and therein claim the relief which was not available to him under the pre--amended principal act. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1995P& H312; I(1996)DMC519; (1995)110PLR530
..... kamla kanta bairagi, air 1980 cal 370, he contended that even after amendment (marriage laws amendment act, 1976), the legal requirement is that the respondent has to prove that the cruelty is of such a nature as to give rise to a reasonable apprehension in his mind that it will be harmful or injurious for him to iive with the ..... respondent filed a petition for divorce under section 13(i) (i-a) (i-b)(iii) of the hindu marriage act, 1955 (hereinafter referred to as the act) seeking for dissolution of marriage on the ground of unsoundness of mind, cruelty and desertion. ..... the cross-examination he has categorically stated that he never met her before marriage and hence he had no occasion to know about her mental disorder. ..... i find that the trial court has not fallen into any error in granting decree of dissolution of marriage on the ground of cruelty and desertion. ..... respondent averred that before marriage, it was not disclosed to him that appellant is of ..... under the act, cruelty is not defined, but it is settled law that if the cruel behaviour of one spouse is of such a nature as to give rise to a reasonable apprehension in the mind of other spouse, that it will be harmful or injurious on the other one to live with the first spouse, it constitutes a ..... take advantage of his own wrong and seek a decree of dissolution of marriage on the ground of desertion. ..... after the marriage, when a complaint was lodged with the parents of the appellant, her mother promised to get her treated but nothing .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1982P& H339
..... this section was inserted in the act by the marriage laws amendment act, 1976, and was part of significant changes simultaneously brought out in the act as also in the special marriage act. ..... whilst there have been certain changes, in the law and rumblings of further amendments, but as yet the relief for divorce or judicial separation under the act is still rested broadly on the foundation of a matrimonial offence or disability. ..... amar jit kaur, 1981 marriage lj 84 (delhi) :--'the divorce law of india is founded on the concept of the matrimonial offence. ..... in any proceedings under this act, on a petition for dissolution of marriage by a decree of divorce, except in so far as the petition is founded on the grounds mentioned in cls. ..... 13a of the hindu marriage act, 1955 is the primary question which has come to the fore in this appeal under clause x of the letters patent.2. ..... nearly 29 years after the solemnisation of the marriage and decades after the separation of the parties, the respondent-husband on oct ..... the learned additional district judge, sangrur, allowed the same and granted a decree for dissolution of marriage by divorce between the parties on sept. ..... 9 of the hindu marriage act. ..... this concept of guilt is the underlying assumption in the divorce law which gives some justification for breaking an indissoluble union against the will of the offending spouse ..... it would appear that the marriage virtually broke up after four years and a separation between the two spouses was brought about .....
Tag this Judgment!