Court : Mumbai
Reported in : 2001(3)ALLMR649
..... marriage void, then it was not possible to appreciate why the parliament completely dropped it, and this position therefore reinforced the contention that such ..... based on the principle of public policy, and whether such public policy was of paramount consideration as to render the marriage in breach of it void, inasmuch as, it appeared to be purely a regulatory measure for avoiding a possible confusion.supreme court in lita gupta's case (supra), also took a note of the fact that by subsequent marriage laws (amendment) act, 1976, the said proviso to section 15 of the act came to be deleted, it therefore observed that if the proviso was so sacrosanct that its violation would render the ..... the said proviso which was subsequently deleted by section 9 of the marriage laws (amendment) act, 1976, read as follows :--'provided 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.'23. .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(2)ESC897; (2005)2UPLBEC1194
..... of the hindu marriage act, 1955, however, provide that notwithstanding that 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 on or after commencement of the marriage laws (amendment) act, 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 the act.5. ..... question to be decided in this case is whether the daughter of second wife, with whom the deceased government servant had entered into a marriage, while the first wife was alive, is entitled for consideration of the compassionate appointment under u.p. ..... the protection given to such children, who are not to be blamed for the illegitimacy of the second marriage, must be given a wide interpretation to the rules of 1974, by way of a measure of ..... conduct rules, 1956 is not entitled to marry while his first wife is alive and that the children born out of such second marriage cannot be recognized to be legitimate for the purposes of employment under the rules of 1974. ..... section 11 of the hindu marriage act, 1955 declares the second marriage, while first wife is alive under section 5(i) to ..... married' or 'widowed daughter' in the rule 2 (c) (iii) cannot exclude daughters who are declared to be legitimate under section 16(1) of the hindu marriage act, 1955. ..... 2002, decided on 18.1.2003.7. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : I(1995)DMC77
..... clause (iii) has been substituted by marriage laws (amendment) act, 1976 for the original clause (iii) which was as under :'has been incurably of unsound mind for a continuous period of not less than three yearsimmediately preceding the presentation of the petition ..... persons differ from one another in the degree of intelligence possessed by them, it would be a dire calamity if it could be said as a matter of law that a marriage entered into by a person who is neither a lunatic nor an idiot in a serious stage, because be or she lacks intelligence, although otherwise capable of understanding the nature of the bonds of matrimony into which he or she is a catering or has entered ..... (ii) of section 5 of the act has also been substituted by the 1976 amendment act. ..... of 1993 purportedly under sections 13 and 14 of hindu marriage act, 1955 (in short, the 'act'), praying for dissolution of his marriage with pravati, appellant. in f.a. no. ..... two months of marriage, he filed the suit for dissolution of marriage, and a petition was filed, in terms of section 14 of the act to allow for filing of a petition within a period of one year from the date of marriage.2. ..... divorce--(1) any marriage solemnized, 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--xx xx xx(iii) has been incurably of unsound mind, or has been suffering continuously or intermittently from .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2005MP203; 2005(4)MPHT205
..... (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 ..... the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the ..... been filed to pyramid the stance that why and under what circumstances the: marriage has gone beyond tolerance latitude and how the bitterness has entered into the marrows ..... dismissed the application on the bedrock that as per the statement of the appellants before him they were staying separately from december, 2003 and the application preferred under section 13b of the act was presented on 3-9-2004 before the court and, therefore, the requisite condition stipulated under section 13b(1) of the act was not complied with inasmuch as they were living separately for less than one year. ..... the parties to remain personally present on 9-3-2005 and both of them in categorical, unequivocal terms and in unambiguous manner stated they were living separately from december, 2003 and there was no possibility of living together and hence, decree for mutual divorce should be granted.3. .....
Tag this Judgment!Court : Jharkhand
Reported in : AIR2006Jhar29; I(2006)DMC55; [2005(4)JCR191(Jhr)]
..... 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 (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 ..... section 13-b was introduced by amending act 68 of 1976 which provides divorce ..... there is no dispute that both the husband and the wife may file joint petition for dissolution of marriage by a decree for divorce under section 13b of the act on the ground that they have been living separately for a period of one year or more and that they have not been able ..... --(1) notwithstanding anything contained in this act, it shall not be competent for any court to entertain any petition for dissolution of marriage by a decree of divorce, unless at the date of the presentation of the petition one year has elapsed since the date of the marriage :provided that the court may, upon application made to it in accordance with such rules as may be made by the high court in that behalf, allow a petition to be presented before one year has ..... , who is husband of the petitioner, filed an application under section 13-b of the hindu marriage act for dissolution of the marriage by a decree of divorce by mutual consent. .....
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 : 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!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 : (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 : Supreme Court of India
Reported in : 2009(6)ALT8(SC); JT2009(15)SC99; 2009(11)SCALE166
..... of children of void and voidable 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 the marriage laws (amendment) act, 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.16. ..... kumari air 1952 sc 231 observed that continuous co- habitation of woman as husband and wife and their treatment as such for a number of years may raise the presumption of marriage, but the presumption ;which may be drawn from long co-habitation is rebuttable and if there are circumstances which weaken and destroy that presumption, the court cannot ignore them.11. ..... having opened in 1989, evidently, the provisions of amendment act, 2005 would have no application. ..... the learned trial court, however, principally relying on or on the basis of the admission made by neelamma and kamalamma that dinesh was their brother and marriage had taken place between their father and yashodamma and also some other documents including birth certificate and a settlement deed came to the conclusion that yashodamma was validly and legally married to k ..... 1403/2003 and 1404/2003 dismissing the appeals preferred by the appellants herein from a judgment and order dated 14.07.2003 in o.s. .....
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