Judgment Search Results Home > Cases Phrase: marriage laws amendment act 2003 Page 2 of about 137,877 results (0.319 seconds)

Shri Shahaji Kisan Asme and ors. Vs. Shri Sitaram Kondi Asme and ors.

Court : Mumbai

Reported in : AIR2010Bom24

..... son of a pre-deceased daughter of a pre-deceased daughter; daughter of a pre-deceased daughter of a pre-deceased daughter; daughter of a pre-deceased son of a pre-deceased daughter; daughter of a pre-deceased daughter of a pre-deceased son added to class i by marriage laws (amendment) act, 2005].it is interesting to note that in this, son, daughter, son of a pre-deceased son, daughter of a pre-deceased son, son of a pre-deceased daughter, daughter of a pre-deceased daughter, son of a pre-deceased son of a pre-deceased son ..... of children of void and voidable marriages-(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), ad 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- ..... by making an amendment in section 16 by marriage laws (amendment) act, 1976, the difference was tried to be done away with between the children born before the marriage was declared null and void and the children who were born ..... : (2003) 1 scc 730, the supreme court observed as follows:4 .....

Mahadev Jyoti Umrani Vs. Smt. Sumitra

Court : Karnataka

Reported in : I(2004)DMC398; ILR2004KAR512; 2003(6)KarLJ323

..... section 28 of the hm act which was considered and interpreted in parashuram rao anantha rao pise's case was subsequently substituted by sections 28 and 28-a by the marriage laws (amendment) act (act 68 of 1976) in view of conflict in views of different high ..... decrees and orders made by the court inany proceedings under this act may be appealed from under any law for thetime being in force(1) all decrees made by the court in anyproceeding under this act shall, subject to the provisions of sub-section (3),be appealable as decrees of the court made in the exercise of its originalcivil jurisdiction, ..... that the decision in pise is no longer good law in view of amendment to section 28 of the hindu marriage act, 1955 by act 60 of 1968.3. ..... be enforced in like manner as the decreesand orders of the court made in the exercise of its original civiljurisdiction are enforceableall decrees and orders made by the court inany proceeding under this act shall be enforced in the like manner as thedecrees and orders of the court made in the exercise of its original civiljurisdiction for the time being are enforcedsecond part of section 28:section 28:all ..... the subsequent decision of parashuram rao anantha rao pise took a contrary view, the learned single judge, by order dated 8-1-2003, referred the matter to the division bench to resolve the conflict between mallappa's case and parashuram rao anantha rao pise .....

Hemavathi Shivashankar. Vs. Dr. Tumkur S Shivashankar and anr.

Court : Karnataka

..... a criminal case alleging an offence of bigamy against the first defendant and it is in this background that the suit was filed, which was subsequently amended to incorporate the subsequent events, with a prayer for a declaration that the marriage of the first defendant with the second defendant was void and to declare that the judgment and decree dated 3.12.1982 granted by the twenty-sixth judicial district ..... the plaintiff had questioned the binding effect of the said divorce decree on the ground that the plaintiff and the first defendant were lingayaths and were governed by the hindu marriage act, 1955 (hereinafter referred to as the 1955 act for brevity) and the american court being a foreign court, had no jurisdiction as regards the matrimonial affairs of the parties, as they continued to be indian citizens on the date of decree ..... date the question whether the foreign decree was valid as per the personal law applicable to the parties, was not a ground available on the date the american court dissolved the marriage, but as on the date the decree was being adjudicated upon, such a ground was available by virtue of the amendment introduced in the act. ..... vikas aggarwal and others, air 2003 delhi 175.the learned counsel for the respondents, on the other hand, seeks to justify ..... 2003 ..... 2003, which states as follows:a defendant who voluntarily acquiesced in the judgment, or who was present in the parish at the time of its execution and did not attempt to enjoin its enforcement, .....

Anom Apang Vs. Smt. Geeta Singh

Court : Guwahati

..... alternatively, it is submitted that even if the learned trial judge had jurisdiction to entertain the matter, on the promulgation of act no.10 of 2003 passed on 8th january, 2003, the constitution (scheduled tribes) order, 1950 was amended thereby including the adi tribe from arunachal pradesh as a scheduled tribe. ..... in the present case, the appellant husband has not shown that he was not governed by hindu law at the time of marriage or even at the time of the presentation of the petition for divorce. ..... in this case, since the marriage was solemnized in terms of the act (which included the adi customary law at the relevant time), the learned trial judge would not cease to have jurisdiction to continue with the matter only because the appellant husband became a member of a scheduled tribes in terms of the constitution (scheduled tribes) ..... in our opinion, therefore, even if the parties were married according to the adi tribal custom, the solemnization of the marriage was, for all intents and purposes, under the provisions of the hindu marriage act since at that time both parties were hindus (with the appellant husband being assumed or deemed to be a hindu, in the absence of any proof that he was not governed by hindu law). ..... for instance, if subsequent to the solemnization of a marriage in compliance with section 5 of the act, both the parties decided to embrace islam, could the hindu marriage be repudiated according to the islamic tenets? .....

Gurpinder Kaur Sahsi Vs. Ravinder Singh Sahsi

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 .....

Gurpinder Kaur Sashi Vs. Ravinder Singh Sahsi

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 .....

Murabi Vs. Murabi and Others

Court : South Africa Supreme Court of Appeal

..... provided that a male person who is a partner in a subsisting customary union cannot contract a marriage without first making a declaration to a magistrate or commissioner of the matters dealt with in that section was unavailing to the first respondent; and (c) that the first respondents marriage to the deceased on 2 august 1995 is null and void ab initio because it was hit by the prohibition in s 1[4]of the marriage and matrimonial property law amendment act 3 of 1988 as the deceased was on that date a partner in a subsisting customary union ..... section 22 of the act [black administration act] was amended by the marriage and matrimonial property law amendment act, which came into operation on 2 december 1988. ..... the answer to this question lies squarely in s 1(1) and (2)[13]of the marriage and matrimonial property law amendment act which came into operation on 2 december 1988. ..... first, the high court, relying on road accident fund v mongalo; nkabinde v road accident fund 2003 (3) sa 119 (sca) para 6, held that as the appellant initially asserted in her founding affidavit that her customary marriage was concluded on 1 november 1970, which turned out to be untrue, she could not rely on the registration certificate issued to her in 1991, for to allow her to do so would be assisting her to perpetrate a fraud. ..... [6] road accident fund v mongalo; nkabinde v road accident fund 2003 (3) sa 119 (sca) paras 6-7. .....

Smt. Swati Verma Vs. Rajan Verma and ors.

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 .....

Smt. Hina Singh Vs. Satya Kumar Singh

Court : Jharkhand

Reported in : AIR2007Jhar34; [2007(1)JCR570(Jhr)]

..... - (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. ..... section 13b of the hindu marriage act was introduced by amendment act of 1976 which reads as under:13b. ..... wrong or disability for the purpose of such relief, and(b) where the ground of the petition is the ground specified in clause (i) of subsection (1) of section 13, the petitioner has not in any manner been accessary 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(c) the petition is not presented or prosecuted in collusion with the respondent, and(d) there has not ..... 2/2003 whereby he has ordered for dissolution of marriage by mutual consent.2. ..... in 2003 the respondent-husband filed an application under section 9 of the hindu marriage act for a decree of restitution of conjugal right alleging, inter alia, that after marriage the appellant lived with him for about three weeks and, thereafter, she went to kolkata. ..... 2 of 2003. .....

Mst.Sushila Devi and anr. Vs. Balram and ors.

Court : Madhya Pradesh

..... of the hindu marriage act, 1955 has been amended by the amendment act no.68 of 1976. ..... sarojamma and others, (2006) 9 scc 61.by interpreting the amended section 16(1) of the hindu marriage act, 1955 has held that even a child, though illegitimate, has right to succeed to the property ..... it was further submitted that even assuming that the plaintiff no.2 was born from void marriage, yet she was entitled to share in the suit property which was held to be self acquired property of deceased krishna kumar by the ..... ex.p/18 issued by co- operative service society on 17.2.1982 describes the plaintiff no.1 as wife of deceased krishna kumar and ex.p/19 is the document which contains recital that marriage between plaintiff no.1 and deceased krishna kumar was performed on 20.5.1980. ..... the appellants submitted that the plaintiffs had proved the marriage in accordance with the custom prevalent in the community. ..... aradhe judgment (13.08.2013) this appeal is by the plaintiffs, which was admitted by a bench of this court on the following substantial question of law :- whether plaintiff durgawati, being daughter of deceased krishna kumar, has a right of inheritance even if she is daughter from void marriage ?. .2. ..... kumar sitaram manjhi and others, (2003) 1 scc 730.neelamma and ..... it is well settled in law that custom must possess the conditions of antiquity and certainty and there has to be clear and unambiguous evidence on record in ..... accordingly, the substantial question of law is answered. 8 s . a . no 8. .....