Judgment Search Results Home > Cases Phrase: marriage laws amendment act 2003 Sorted by: recent Page 1 of about 138,023 results (0.362 seconds)

Sonia Kunwar Singh Bedi Vs. Kunwar Singh Bedi

Court : Mumbai

..... order dated 25.4.2007 making the following observations: "the learned counsel for the applicant has drawn the attention of this court to the amendment to the hindu marriage act, 1955 which has been incorporated by the marriage law (amendment) act, 2003 and notified in the official gazette on 23.12.2003 wherein it is provided under section 5, that in section 28 of the hindu marriage act, in sub-section (4), for the words "period of thirty days", the words "period of ninety days" shall be substituted which provides for appeal ..... the purpose and object of marriage laws amendment act 2003 must be taken into consideration and evidently the marriage laws amendment act was enacted in the light of the observations in paragraph 9 of savithri pandey (supra) which we have already extracted above. ..... it must be noted that the amendments have been brought about, as per the marriage laws amendment act, 2003, that the period of limitation prescribed must be enhanced not only for appeals under section 28(4) but also under section 39 of the special marriage act. ..... it is thereafter that the parliament brought in amendment under the marriage laws amendment act, 2003 which came into force with effect from 23.12.2003. ..... marriage laws amendment act, 2003 must prevail over the earlier enactment i.e. .....

Shashi Leekha S/O. Shubhash Chander Leekha S/O. Shubhash Chander Leekh ...

Court : Mumbai

..... that court was called upon to consider the efficacy of amendments to the marriage laws amendment act, 2003. ..... that case, the validity of the jammu and kashmir preventive detention (amendment) act, 1964 was challenged. ..... the learned counsel also relied on the exposition in the mayne'streatise on hindu law and usage, sixteenth edition, at page 452, which reads thus:- the right to obtain dissolution by filing a petition in the court of a munsif under travancore nayar act remains unaffected by any of the provisions of the hindu marriage act by reason of the saving in sub-section (2) of section 29. ..... no provision of law has been brought to our notice expressly providing that if a hindu woman governed by the central act marries to a hindu - man governed by the state act or the marriage is performed outside the territories to which the central act extends, she would be denuded of the right bestowed on her under section 19(iii-a) of the central act. ..... important question of law to be determined in the case is as to whether the forum of jurisdiction is to be determined with reference to the parties or the solemnisation of marriage between them or on the basis of their residence, under section 21 of the state act. ..... paragraph 7, it proceeded to address the principal question of law as to whether the forum of jurisdiction is to be determined with reference to the performance or the solemnisation of marriage between the parties or on the basis of their residence, under section 21 of the state act. .....

Shashi Leekha S/O. Shubhash Chander Leekha S/O. Shubhash Chander Leekh ...

Court : Mumbai

..... that court was called upon to consider the efficacy of amendments to the marriage laws amendment act, 2003. ..... that case, the validity of the jammu and kashmir preventive detention (amendment) act, 1964 was challenged. ..... the learned counsel also relied on the exposition in the mayne'streatise on hindu law and usage, sixteenth edition, at page 452, which reads thus:- the right to obtain dissolution by filing a petition in the court of a munsif under travancore nayar act remains unaffected by any of the provisions of the hindu marriage act by reason of the saving in sub-section (2) of section 29. ..... no provision of law has been brought to our notice expressly providing that if a hindu woman governed by the central act marries to a hindu - man governed by the state act or the marriage is performed outside the territories to which the central act extends, she would be denuded of the right bestowed on her under section 19(iii-a) of the central act. ..... important question of law to be determined in the case is as to whether the forum of jurisdiction is to be determined with reference to the parties or the solemnisation of marriage between them or on the basis of their residence, under section 21 of the state act. ..... in paragraph 7, it proceeded to address the principal question of law as to whether the forum of jurisdiction is to be determined with reference to the performance or the solemnisation of marriage between the parties or on the basis of their residence, under section 21 of the state act. .....

Sujata Uday Patil Vs. Uday Madhukar Patil

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. .....

Rajesh Makhija Vs. Smt. Mamta Alias Shalu

Court : Madhya Pradesh

Reported in : AIR2006MP23; 2005(3)MPHT470; 2005(3)MPLJ564

..... for this purpose it is necessary to refer the marriage laws (amendment) act, 2003 whereby section 19(1)(iiia) is introduced.10. ..... section 6 of the marriage laws (amendment) act, 2003 deals with transitory provision. ..... from a bare reading of these provisions it is clear that by section 6, section 3 and section 5 of the amending act are made retrospective while the amendment in section 19 whereto section 19(1)(iiia) is incorporated by section 2 of the amending act and is not made retrospective. ..... - all decrees and orders made by the court in any proceedings under the special marriage act or the hindu marriage act shall be governed under the provisions contained in section 3 or section 5, as the case may be, as if this act came into operation at the time of the institution of the suit: provided that nothing in this section shall apply to a decree or order in which the time for appealing has expired under the special marriage act or the hindu marriage act at the commencement of this act.' 12. ..... next contention raised by the counsel for the respondent is that section 19 of the hindu marriage act is now stands amended w.e.f. ..... 23-12-2003 and as per amendment in section 19 of the act now a divorce petition can be filed at a place where the wife, if she is a petitioner, is residing on the date of presentation of the petition. .....

Sondur Rajini Vs. Sondur Gopal

Court : Mumbai

Reported in : 2005(4)MhLj688

..... clause (iiia) was introduced in section 19 by the marriage laws (amendment) act, 2003 (act no. ..... this amendment was introduced to alleviate the hardship faced by hindu wife as is evident from the statement of objects and reasons of amendment act no. ..... presentation of the petition, in a case where the respondent is, at that time, residing outside the territories to which this act extends, or has not been heard of as being alive for a period of seven years ..... court to which petition shall be presented - every petition under this act shall be presented to the district court within the local limits of whose ordinary civil jurisdiction -(i) the marriage was solemnised, or(ii) the respondent, at the time of the presentation of the petition, resides, or(iii) the parties to the marriage last resided together, or (iiia) in case the wife is the petitioner, where she is residing on the date of presentation of the petition, or (iv) the petitioner is residing at the time of the .....

Smt. Uma Tiwari Vs. Vikrant Tiwari

Court : Madhya Pradesh

Reported in : I(2005)DMC690; 2005(1)MPHT360; 2005(1)MPLJ356

..... section 19 of the hindu marriage act is amended by marriage laws (amendment) act, 2003 on 23-12-2003. ..... - (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 solemnised before or after the commencement of the marriage laws (amendment) act, 1976, on the ground that they have not 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 proposed amendment to sections 31 and 19 of the special marriage act, 1954 and the hindu marriage act, 1955 respectively are based on the recommendations of the law commission of india and the national commission for women. ..... (2) the government has also decided to amend section 39 of the special marriage act, 1954 and section 28 of the hindu marriage act, 1955 to provide respectively that the parties to a matrimonial suit could prefer appeal within a period of ninety days instead of thirty days. ..... adverting to section 19 of the hindu marriage act, after the amendment in section 19 of the hindu marriage act, where the wife is residing, petition can be presented.6. ..... thus, by virtue of amendment in section 19 of the hindu marriage act, the petition can be filed in the case where wife is the petitioner, where she is residing on the date of presentation of petition. .....

N. Renuka Devi Vs. E. Lalitha and Another

Court : Chennai

..... . the hindu marriage act underwent important changes by virtue of the marriage laws (amendment) act, 1976, which came into force with effect from 27.5.1976 ..... " even after the orders passed by the apex court on 17.04.2003, the plaintiff, though fully aware of the prevailing situations, made no attempt to probate the will. ..... . sita ram agarwal (2003 (2) scc 577 : air 2003 sc 1543) (vide scc p.588, para 35) this court observed : "35 ..... . state of kerala (2003 (3) scc 541 : 2003 scc (l and s) 339) (vide scc p.546, para 13) this court observed : ..... . learned senior counsels appearing for the defendants further contended that ex.d-7 is the order dated 17.04.2003 passed by the supreme court in s.l.p ..... ." (emphasis supplied)" (b) 2003 (1) scc 730 (jinia keotin ..... . kishan n.lalwani (2003 (9) scc 393) (vide scc p.398, para 7) this court held that : "the period of limitation statutorily prescribed has to be strictly adhered to and cannot be relaxed or departed from for equitable ..... . state of maharashtra (2003 (5) scc 413) (vide scc p.436, para 73) this court observed : ..... . palanisamy (2003 (1) scc 123) (vide scc p.127, para 5) this court observed : "equitable considerations have no place where the statute contained express provisions." ..... (c).c.c.no.895 of 2003, in which, it is stated that, "it is hereby clarified that if any suit is filed interse the contending claimants to the ownership of the suit property then the question of ownership the number of owners and the extent of share shall be .....

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. .....

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, .....