Court : Supreme Court of India
Reported in : 2007(2)ALD45(SC); 2007(3)ALLMR(SC)319; 2007(3)ALT43(SC); 2007(2)AWC1421(SC); 2007(5)CTC266; I(2007)DMC6SC; [2007(2)JCR229(SC)]; 2007(1)LC0034(SC); (2006)13SCC272
..... this provision has been amended by marriage laws (amendment) act, 2003 on 23.12.2003 and now the period of ..... the year 1999 the respondent (husband) filed a petition for a decree of divorce against the appellant (wife) under section 13(1)(i-a) and (i-b) of the hindu marriage act, 1955 on the ground that the appellant had treated him with cruelty and had also deserted him for a continuous period of not less than two years immediately ..... this purpose a host of factors have to be taken into consideration and the most important being whether the marriage can be saved and the husband and wife can live together happily and maintain a proper atmosphere at home ..... section 13 of the hindu marriage act, 1955 (hereinafter referred as 'the act') lays down the grounds on which a marriage may be dissolved by a ..... (iii) the proceedings initiated by the appellant or by her son against the respondent under (a) the hindu adoptions and maintenance act, (b) section 125 of code of criminal procedure and (c) criminal case under section 494 ipc shall remain suspended for a period of three months and if the amount is paid as indicated ..... respondent, the act of cruelty was pertinent and grave on account of police complaints lodged against the appellant and his father and that too during the period when the marriage of respondents brother ..... relevant time section 28(4) of the hindu marriage act provided a limitation of 30 days for filing an appeal against all decrees made by the court in any proceeding under the act. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC161; 2004(5)ALLMR(SC)45; II(2003)DMC795; 2003(3)JKJ121[SC]; (2004)1SCC123
..... pursuant to the compromise deed an application has been filed before this court under section 13(b) of the hindu marriage act and under article 142 of the constitution praying that this court may exercise its extra ordinary jurisdiction under article 142 of the constitution and dissolve the marriage by a decree of divorce by mutual consent under section 13(b) of the hindu marriage act, 1955 as amended by the marriage laws (amendment) act, 1976. ..... 1829 of 2003 and 2511 of 2003 seeking stay of arrest in the case arising out of the fir lodged by the petitioner herein in which interim relief has been granted to the respondents herein by orders dated 23.4.2003 and 14.5.2003.3. ..... the compromise deed dated november 2, 2003 affirmed by the parties and filed in this court shall form part of this ..... 2832 of 2003 under section 498-a, 406 ipc and sections 3 and 4 of dowry prohibition act pending in the court of chief judicial magistrate, noida, gautam budh nagar, ..... a deed of compromise dated november 2, 2003 has been filed before this court which is signed by the petitioner as well as respondent ..... 1829 of 2003 and 2511 of 2003 and criminal ..... 1067/2003 pending before the hon'ble high court of delhi has also been rendered anfractuous in view of the compromise entered into between the parties recorded by this court the courts concerned shall, if necessary, ..... 2832 of 2003 pending before the high court of judicature at allahabad become anfractuous. ..... 5594 of 2003 arising out of the said criminal case .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009AIRSCW244; AIR2009SC1085; 2009(2)ALT41(SC); 2009(1)AWC391(SC); 2009(1)KLT1(SC); (2009)2MLJ750(SC); 2009(3)MPHT528(SC); RLW2009(2)SC1589; 2008(16)SCALE109; (2009)1SCC714; 2009(1)LHSC68.
..... although, an attempt has been made to establish that the hindu marriage act, 1955, did not prohibit a valid hindu marriage of a hindu and another professing a different faith, we are unable to agree with such submission in view of the definite scheme of the 1955 act.19.in order to appreciate the same, we may first refer to the preamble to the hindu marriage act, 1955 , which reads as follows:an act to amend and codify the law relating to marriage among hindus. 20. ..... rao submitted that the preamble to the hindu marriage act, 1955, in unambiguous terms makes it clear that the act was promulgated to amend and codify law relating to marriage amongst hindus. ..... rao submitted that it was clear from the wording thereof that the conditions indicated in the section were to apply only in respect of a marriage between two hindus and that a hindu marriage could be solemnized between two hindus only when the conditions set out in the provisions contained therein had been fulfilled. ..... apart from the aforesaid question, another submission was advanced on behalf of the respondent to the effect that, after the decree passed in her favour declaring the marriage to be a nullity, she had remarried on 23.1.2003 i.e about 4 months after the decree declaring her marriage with the appellant to be nullity had been passed.17. ..... a few months thereafter on 23.1.2003 the respondent married one dr. ..... thereafter, on 23.4.2003 the appellant filed a special leave petition out of which the present appeal arises.6. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1988SC839; JT1988(1)SC39; (1988)93PLR629; 1988(1)SCALE398; (1988)2SCC90; [1988]2SCR1098; 1988(1)LC491(SC)
..... prior to its amendment by the marriage laws (amendment) act, 1976 by which the proviso was deleted, section 15 was in these terms:15. ..... parliament accordingly by the marriage laws (amendment) act, 1976 has done away with the period of waiting by deleting the proviso. ..... we wish to add that in the subsequent decision in lila gupta the court while dealing with the effect of deletion of the proviso observed:the net result is that now since the amendment parties whose marriage is dissolved by a decree o f divorce can contract marriage soon thereafter provided of course the period of appeal has expired.the court adverted to the word of caution administered by wanchoo, j. ..... in its 59th report on hindu marriage act, 1955 and special marriage act, 1954 however suggested the deletion of the proviso to section 15 which laid down that it shall not be lawful for the respective parties to marry again unless at the date of such marriage at least one year has elapsed from the date of the decree in the court of the first instance, for the reason extracted below:the consideration of the parties' freedom to marry and the inconvenience ..... we heard learned counsel for the parties and the question is whether the condition pre-requisite before a lawful marriage can take place after a decree for dissolution of marriage under section 15 of the act has been fulfilled. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2002SC2582; 2002(5)ALD6(SC); 2002(3)ALLMR(SC)945; 2003(51)BLJR63; 2002(6)BomCR668; II(2002)DMC205SC; [2002(3)JCR11(SC)]; JT2002(5)SC159; (2002)3MLJ82(SC); (2002)3PLR492;
..... in clause (ia) of section 13(1), which was introduced by the marriage laws (amendment) act 68 of 1976, simply states that treatedthe petitioner with cruelty'. ..... conduct charged as cruelty is of such a character as to cause in the mind of the petitioner a reasonable apprehension that it will be harmful or injurious to live with the respondent it was further observed that it was not necessary, as under the english law that the cruelty must be of such a character as to cause danger to life, limb or health, or as to give rise to a reasonable apprehension of such a danger though, of course, harm or injury to health, reputation, the working character or the like would ..... question arises whether in the facts and circumstances of the case a case for divorce under section 13(1)(ia) of the hindu marriage act, 1955 (for short the act') has been made out. ..... - (1) any marriage solemnized, whether before or after thecommencement 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 --xx x xx(ia) has, after the solemnization of the marriage, treated the petitioner with cruelty;'under the statutory provision cruelty includes both physical and ..... context of the facts and circumstances on record we are of the viewthat the learned single judge rightly came to the conclusion that the prayer of the respondent for dissolution of the marriage on the ground of cruelty under section 13(1)(ia) of the act was acceptable. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2003(3)AWC2288(SC); 2003(51)BLJR682; (SCSuppl)2003(2)CHN116; I(2003)DMC1SC; JT2002(10)SC571; 2003(1)KLT348(SC); (2003)1SCC730; [2002]SUPP5SCR689; 2003(1)LC215(SC)
..... the hindu marriage act underwent important changes by virtue of the marriage laws (amendment) act, 1976, which came ..... it was also contended by the learned counsel that inasmuch as but fro the hindu marriage act, 1955 there was no prohibition for an hindu to have more than one wife and it is by virtue of the said act such marriages became unlawful or void, once the legislature by amendment of section 16 chosen to legitimatize the children born of such void marriages, the prohibition must be held to have been relaxed and the stigma wiped out so as to render he ..... counsel for the appellants, while reiterating the stand taken before 'the courts below, vehemently contended that once the children born out of void and illegal marriage have been specifically safeguarded under section 16, as amended by the central act 68 of 1976, there is no justification to deny them equal treatment on par with the children born of wife in lawful wedlock by countenancing claims for inheritance even n theancestral coparcenary property. ..... progeny, legitimate for all purposes and, therefore, the provisions of section 16(3) of the act also should be construed keeping in view the totality of circumstances and the object and purpose of the legislation in respect of right to inherit property also like the children born out of lawful .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2002SC576; 2002(4)ALD84(SC); 2002(1)ALLMR(SC)953; 2002(50)BLJR503; 2002(4)BomCR263; (SCSuppl)2002(2)CHN172; I(2002)DMC266SC; [2002(1)JCR478(SC)]; JT2002(1)SC89; (2002)1M
..... the hindu marriage act were amended by hindu marriage laws (amendment) act, 1976. ..... by the amendment act of 1976, "cruelty" was made one of the grounds for divorce under section 13 and relevant provision reads as follows:-"divorce (1) any marriage solemnized, whether before or after the commencement of the act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground ..... returned to india and it seems that the misunderstandings between the parties deepened and ultimately the appellant filed application for divorce under section 13 of the hindu marriage act, 1955 alleging that after the solemnization of their marriage, the respondent treated the appellant with cruelty.the respondent contested the proceedings and denied all the allegations made by the appellant in the petition and also made ..... the learned senior counsel for the appellant contended that there was complete breakdown of the marriage due to the attitude of the respondent and the appellant was under severe mental agony and that the various acts committed by the respondent amounted to mental cruelty and the high court was not justified in reversing the ..... (ii)-(ix) "the omission of the words, which described 'cruelty' in the unamended section 10 of the hindu marriage act, has some significance in the sense that it is not necessary to prove that the nature of the cruelty is such as to cause reasonable apprehension in the mind of the petitioner that it would be harmful for .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2000(2)ALD(Cri)686; 2000(3)ALLMR(SC)251; 2000(1)ALT(Cri)363; 2001(1)BLJR499; 2000CriLJ2433; II(2000)DMC1SC; JT2000(5)SC617; 2000(4)SCALE176; (2000)6SCC224; 2000(2)LC1113(SC
..... under section 10 which provides for judicial separation, conversion to another religion is now a ground for a decree for judicial separation after the act was amended by marriage laws (amendment) act, 1976. ..... 's organisation 'kalyani' terribly perturbed over this growing menace and increase in number of desertions of the lawfully married wives under the hindu law and splitting up and ruining of the families even where there are children and when no grounds of obtaining a divorce successfully on any of the grounds enumerated in section 13 of the hindu marriage act is available to resort to conversion as a method to get rid of such lawful marriages, has filed a petition in this hon'ble court being civil writ petition no. ..... 1 and 2 to carry out suitable amendments in the hindu marriage act so as to curtail and forbid the practice of polygamy; (c) issue appropriate direction to declare that where a non muslim male gets converted to the 'muslim' faith without any real change of belief and merely with a view to avoid an earlier marriage or enter into a second marriage, any marriage entered into by him after conversion would be void; (d) issue appropriate direction to respondent no. ..... making law or amendment to a law is a slow process and the legislature attempts to remedy where the need is felt most acute. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009AIRSCW5899; AIR2010SC229; 2010(1)ALT29(SC); 2009(4)AWC3635; JT2009(14)SC139; (2009)8MLJ405(SC); 2010(1)MPHT387(SC); (2010)157PLR248; 2009(12)SCALE115; (2009)10SCC415; 2009(9)LC4071(SC)
..... (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 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. ..... the second proposition is that although the supreme court can, in exercise of its extraordinary powers under article 142 of the constitution, convert a proceeding under section 13 of the hindu marriage act, 1955, into one under section 13b and pass a decree for mutual divorce, without waiting for the statutory period of six months, none of the other courts can exercise such ..... pursuant to a compromise arrived at between the parties and leave granted by this court, an application was filed under section 13b of the hindu marriage act read with article 142 of the constitution and having regard to the aforesaid doctrine, this court, in exercise of its powers vested under article 142 of the constitution, allowed the application for divorce by ..... latter case, after living separately for many years and after 11 years of litigation involving proceedings under section 13 of the hindu marriage act, 1955, the parties filed a joint application before this court for amending the divorce petition. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1994SC710; 1994(1)ALT14(SC); 1994(1)BLJR1; (1994)96BOMLR360; JT1993(6)SC428; (1994)106PLR603; 1993(4)SCALE488; (1994)1SCC337; [1993]Supp3SCR796; 1994(1)LC70(SC)
..... of law brought about by the hindu marriage laws (amendment) act, ..... in mind is that even where the marriage has irretrievably brokendown, the act, even after the 1976 (amendment) act, does not permit dissolution of marriage on that ground. ..... amendment act cruelty was not a ground for claiming divorce under the hindu marriage act ..... by the said amendment act, cruelty was made a ground for divorce as well - evidently in recognition of the ..... dealing with the argument, the learned judge observed :but we do not propose to examine it as we are satisfied that the marriage is dead and the findings of fact cannot be set aside by this court except that the appeal can be sent back to division bench to decide it again, which would mean another exercise ..... section 13(1)(ia) of the hindu marriage act provides that the party has after solemnization of the marriage treated the petitioner with cruelty ..... section 13 readssection 13 : 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 -(ia) has after the solemnization of the marriage treated the petitioner with cruelty.14. ..... features of this case, we are of the opinion that the marriage between the parties should be dissolved under section 13(1)(ia) of hindu marriage act and we do so accordingly. ..... that was the intention with which the parliament enacted section 13(1)(ia) of the hindu marriage act. .....
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