Judgment Search Results Home > Cases Phrase: marriage laws amendment act 2003 Court: us supreme court Page 2 of about 23,115 results (0.262 seconds)

Ashok Hurra Vs. Rupa BipIn Zaveri

Court : Supreme Court of India

Reported in : AIR1997SC1266; 1997(3)ALLMR(SC)460; 1997(2)BLJR1524; I(1997)DMC491SC; (1997)2GLR1308; JT1997(3)SC483; (1997)2MLJ61(SC); 1997(2)SCALE582; (1997)4SCC226; [1997]2SCR875

..... (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. ..... and continued agony and that the parties are living separately for more than 13 years--these should weigh with the court to grant a decree for divorce by mutual consent under section 13b of the act and dissolve the marriage between them and give appropriate directions including provision of reasonable/adequate funds for the wife to have a decent living and it was indicated that a lump sum payment of rs. ..... a few excerpts from the seventy-first report of the law commission of india on the hindu marriage act, 1955 -- 'irretrievable breakdown of marriage' -- dated april 7, 1978 throw much light on the matter :irretrievable breakdown of marriage is now considered, in the laws of a number of countries, a good ground of dissolving the marriage by granting a decree of divorce....proof of such a breakdown would be that the husband and wife have separated and have been living apart for, say, a period of five or ten years and it has .....

M.M. Malhotra Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR2006SC80; 2006(1)BomCR661; [2005(107)FLR1006]; JT2005(9)SC506; 2006(1)MhLj1; 2006MPLJ1(SC); 2005(8)SCALE202; (2005)8SCC351; 2006(1)SLJ303(SC)

..... 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 marriage laws (amendment) act 1976 (68 of 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 ..... (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 ..... marriage act as mentioned in section 4, no aid can be taken of the earlier hindu law or any custom or usage as a part of that law inconsistent with any provision of the act ..... marriage solemnized after the commencement of this act shall be null and void and may, on a petition presented by either party thereto against the other party, be' so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v) of section 5'.clause (i) of section 5 lays down, for a lawful marriage, the necessary condition that neither party should have a spouse living at the time of the marriage .....

Vinita Saxena Vs. Pankaj Pandit

Court : Supreme Court of India

Reported in : AIR2006SC1662; 2006(3)ALT24(SC); 2006(4)BomCR810; 2006(2)CTC328; 128(2006)DLT387(SC); I(2006)DMC531SC; [2006(3)JCR114(SC)]; JT2006(3)SC587; 2006(2)KLT150(SC); (2006)2MLJ383

..... passing of such decree or order, cohabitation between the parties has not been resumed for one year or upwards; or(iv) that her marriage (whether consummated or not) was solemnized before she attained the age of fifteen years and she has repudiated the marriage after attaining that age but before attaining the age of eighteen years.explanation - this clause applies whether the marriage was solemnized before or after the commencement of the marriage laws (amendment) act, 1976.14. ..... petitioner:provided that in either case the other wife is alive at the time of the presentation of the petition; or (ii) that the husband has, since the solemnization of the marriage, been guilty of rape, sodomy or bestiality; or(iii) that in a suit under section 18 of the hindu adoptions and maintenance act, 1956 (78 of 1956) , or in a proceeding under section 125 of the code of criminal procedure, 1973 (2 of 1974) (or under the corresponding section 488 of the code of criminal procedure, 1898 ..... the findings recorded by the trial court and the high court which has affirmed the findings of the trial court, submitted that in order to make out a ground for divorce under section 13(1)(iii) of the act, it is not necessary to establish that the respondent is suffering continuously or intermittently from mental disorder but it must further be established that it is of such a kind and to such an extent that the appellant cannot be reasonably be expected to live ..... neela vijaykumar bhate : [2003]3scr607 8) b.n. .....

Smt. Parayankandiyal Eravath Kanapravan Kalliani Amma and Others Vs. K ...

Court : Supreme Court of India

Reported in : 1996IVAD(SC)333; AIR1996SC1963; 1996(2)BLJR971; II(1996)DMC82SC; JT1996(4)SC656; (1996)2MLJ82(SC); 1996(I)OLR(SC)598; 1996(4)SCALE131; (1996)4SCC76; [1996]Supp2SCR1

..... 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 (68 of 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. ..... by a decree of nullity on any of the following grounds, namely :(a) that the marriage has not been consummated owing to the impotence of the respondent; or(b) that the marriage is in contravention of the condition specified in clause (ii) of section 5; or(c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner was required under section 5 as it stood immediately before the commencement of the child marriage restraint (amendment) act, 1978 (2 of 1978) the consent of such guardian was obtained by force or by fraud ..... it was in this background that hindu marriage act, 1955 was enacted by parliament to amend and codify the law relating to marriage among hindus. .....

Shayara Bano Vs. Union of India and Ors. Ministry of Women and Child D ...

Court : Supreme Court of India

..... explanation.- this clause applies whether the marriage was solemnized before or after the commencement of the marriage laws (amendment) act, 1976 (68 of 1976 ..... on the issue in hand, it has the following legislation in place: muslim marriage and divorce act 1951 act 6 of 1951 as amended by act 40 of 2006 section 17 (4) save as otherwise hereinafter expressly provided, every marriage contracted between muslims after the commencement of this act shall be registered, as hereinafter provided, immediately upon the conclusion of the nikah ceremony connected therewith. ..... and to the rules made thereunder, either party to a marriage, whether solemnized before or after the commencement of the special marriage (amendment) act, 1970 (29 of 1970), may present a petition for divorce to the district court 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 conjugal ..... (c) 37436 of 2003 is filed by the husband alleging that the triple talaq pronounced by him is not valid in accordance with islamic law. ..... union of india, (2003) 6 scc611122 (3-judge bench) etc. .....

All India Indian Overseas Bank SC and ST Employees' Welfare Associatio ...

Court : Supreme Court of India

Reported in : 1996VIIIAD(SC)564; JT1996(10)SC287; 1999(1)SCALE5a; (1996)6SCC606; [1996]Supp8SCR295; 1997(1)LC70(SC)

..... examination of the matter and considering the fact that the bank is reportedly going ahead with the promotion process, the commission, in exercise of the powers conferred upon it under section 8 of the constitution (sixty-fifth amendment) act, 1990 hereby directs the bank to stop the promotion process pending further investigation and final verdict in the matter.the commission also direct for requisitioning of all records in custody of bank relating to the said ..... the appellant refers to article 338, clauses (5) and (8), of the constitution introduced by the constitution (sixty fifth amendment) act, 1990 to argue that the commission had power to requisition public record and hence it could issue directions as if it enjoyed powers like a civil court for all ..... for ready reference:(5) it shall be the duty of the commission-(a) to investigate and monitor all matters relating to the safeguards provided for the scheduled castes and scheduled tribes under this commission or under any other law for the time being in force or under any order of the government and to evaluate the working of such safeguards;(b) to inquire into specific complaints with respect to the deprivation of rights and safeguards of the scheduled ..... and scheduled tribes; and (f) to discharge such other functions in relation to the protection, welfare and development and advancement of the scheduled castes and scheduled tribes as the president may, subject to the provisions of any law made by parliament, by rule specify. .....

Mrs. Valsamma Paul Vs. CochIn University and Others

Court : Supreme Court of India

Reported in : AIR1996SC1011; 1996(1)CTC301; (1996)3GLR92; JT1996(1)SC57; 1996(1)KLT169(SC); 1996LabIC919; 1996(1)SCALE85; (1996)3SCC545; [1996]1SCR128; 1996(1)LC626(SC)

..... section 7a of the hindu marriage act introduced an amendment in the state of tamil nadu providing that marriages made between any two hindus in any form solemnised in the presence of relatives, friends or other persons in a simplified form are a valid marriage; and by statutory operation of sub-section (2), such marriages held earlier to the commencement of hindu marriages madras amendment act 1957 are to be regarded as good and valid in law, doing away with any customary practice or usages to be mandatory. ..... this court had held that for the purpose of entitlement to admission under article 15(4), the identification by the president as a scheduled tribe under article 342(1) subject to the law under article 342(2) as amended by the scheduled caste and scheduled tribes (amendment) act 1976, is conclusive. ..... even local amendments in section 7a to the hindu marriage act, 1956 like in tamil nadu, removed the rigidity of celebrating the marriages in accordance with shastric prescription like kanyadan and saptapadhi being not mandatory, recognised social marriage as valid. ..... by 42nd constitution (amendment) act, secularism and socialism were brought in the preamble of the constitution to realise that in a democracy unless all sections of the society are provided facilities and opportunities to participate in political democracy irrespective of caste, religion, and sex, .....

Gurnam Kaur (Smt) and anr. Vs. Puran Singh and ors.

Court : Supreme Court of India

Reported in : 1996IIAD(SC)310; JT1996(5)SC664; 1996(4)KarLJ451; 1996(2)SCALE382; (1996)2SCC567; [1996]2SCR322; 1996(1)LC657(SC)

..... section 16 of the hindu marriage act, 1955, as, amended by amendment act 68 of 1976 reads as under: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 (68 of 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 valid otherwise than on a petition under the act.2. ..... amendment 68 of 1976 has done away with it and declared that notwithstanding the 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 amendment 68 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. ..... thus, it would be clear that declaration of validity of a marriage on a petition of either party or, in other words, declaration of the marriage as nullity under a decree which were pre-conditions under section 12 of the act, is done away with. ..... consequentially, as if the marriage had been valid, the child shall be legitimate whether such child was born before or after the commencement of act 68 of 1976. .....

Devinder Singh Narula Vs. Meenakshi Nangia

Court : Supreme Court of India

Reported in : (2012)8SCC580; JT2012(7)SC519; 2012(7)SCALE473; AIR2012SC2890; 2012AIRSCW4739

..... matter on 15.10.2012 for the purpose of second motion, as contemplated under section 13-b of the aforesaid act, which is extracted hereinbelow for reference:-13-b.divorce by mutual consent (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.3. ..... sharad dutt [(2000) 10 scc 243], which was considered in anil kumar jains case, after living separately for many years and 11 years after initiating proceedings under section 13 of the hindu marriage act, the parties filed a joint application before this court for leave to amend the divorce petition and to convert the same into a proceeding under section 13-b of the act. .....

Revanasiddappa Vs. Mallikarjun

Court : Supreme Court of India

..... (1) notwithstanding that 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 (68 of 1976), and whether or not a decree of nullity is granted in respect of that marriage under this act 10 part b and whether or not the marriage is held to be void otherwise than on a petition under this act. ..... is null and void under section 11 is statutorily conferred with legitimacy irrespective of whether (i) such a child is born before or after the commencement of amending act 1976; (ii) a decree of nullity is granted in respect of that marriage under the act and the marriage is held to be void otherwise than on a petition under the enactment; (ii) in terms of sub-section (2) of section 16 where a voidable marriage has been annulled by a decree of nullity under section 12, a child begotten or conceived before the decree has been made, is deemed to be their ..... in jinia keotin v kumar sitaram manjhi3, a two judge bench held that merely because the children born out of a void and illegal marriage have been specifically safeguarded under section 16, they ought not to be treated on par with children born from a lawful 1 the hindu marriage act 1955 (hma) 2 section 16(2) of hma3(2003) 1 scc7303 part a marriage for the purpose of inheritance of the ancestral property of the parents4. .....