Court : Allahabad
Reported in : AIR2002All322
..... at her asking, he developed contact with her parents and influenced them favourably and during the course of one discussion, he prayed from her father for her hand and narrated the story of marriage by garlanding and the love affair, but his proposal (the proposal of amit mishra) was rejected and restrictions were put on her meaning thereby, that she stood by him (amit mishra) ..... to his house, that he and her started living happily together, that for about 5-6 months, they lived together and in this period, her parents came to his house and said that there is marriage in their relationship and prayed that monika ohri be sent in vida with them for some days, that on this they (the persons of amit mishra's family) sent monika with her parents in vida ..... start visiting to her residence he started visiting and her residence off and on and during the course of the same, he prayed for the hand of monika ohri and narrated the story of marriage and love affair and after he left the house of monika ohri, her father beat her and warned her that she would not make any tough with him, that when on the next ..... the said matrimonial petition, there was no allegation that he and monika lived together for 5-6 months, that her parents visited his house and they prayed for vida of monika ohri on the pretext of marriage in relationship and that thereupon, he made her vida with her parents and further that at that time, she took with them all the articles and clothes given to her as disclosed in annexure .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(1)AWC275
..... 293 of 1991 by virtue of which the divorce was granted to the respondent (wife) on the ground of marriage has been broken down and as there is no hope of revival as 14 years have passed and both husband and wife have deserted each other.2 ..... the learned family court judge was of the view that they have deserted each other and the marriage has broken down for the last 14 years. ..... in our society, there is a stigma on a divorce and second marriage is not possible except in very rare cases. ..... the hon'ble supreme court while exercising power under section 142 directed the dissolution of the marriage subject to transfer of the house in the name of wife after holding that the marriage has become dead. ..... now at least in this case, the marriage can be for companionship in the evening of life ..... ramo devi gupta, learned counsel for the petitioner-respondent submitted that the marriage is dead and it needs no oxygen now. ..... 1982 father of the respondent-appellant came to allahabad and represented that there was a marriage in the family and she be sent. ..... the respondent-appellant after marriage remained with the petitioner-respondent till 5.7.1982 and then she left for varanasi and on the petitioner-respondent's willingness the respondent-wife-appellant came to allahabad in september, 1982 but left for varanasi ..... section 23 of the hindu marriage act, 1955 (hereinafter referred to as the act of 1955) lays down that in any proceeding under chapter v or chapter vi, whether defended or not, if the court is .....
Tag this Judgment!Court : Allahabad
Reported in : 2003(3)ACR2208
..... no order in the other appeal but we hope that if mahesh renews the petition, the high court will put him to strict proof of his allegations regarding the age, the conversion of kaniz fatima and his marriage with her and his lack of interest in her welfare for over three years before ordering a second time that kaniz fatima be brought into court. ..... they did not ask him to produce affidavits from the respectable persons of the "mohalla and community" before whom the marriage and conversion was said to have taken place or even to produce the photograph which he asserted was taken of kaniz fatima and himself by a photographer, inspite of this if they ordered the production of kaniz fatima they acted ..... mahesh prashad stated therein that sometime in october 1959 he made the acquaintance of kaniz fatima, the daughter of the appellant and a marriage between them took place on december 25, 1959 according to vedic rites after kaniz fatima had embraced hinduism. ..... they took into consideration that the appellant had denied the fact of marriage and conversion to hinduism on the basis of personal knowledge when this could only be on information received from kaniz fatima and had further sworn an affidavit about the state of mind of kaniz fatima immediately before her ..... a court accedes to this request it must satisfy itself at least prirna facie that the person claiming the writ is in fact the husband and further whether valid marriage between him and the woman could at all have taken place.12. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2000All377
..... it was also observed by the apex court that the only rider is the interdict of section 23(1)(a) of the hindu marriage act that the relief prayed for can be decreed only if the court is satisfied that the petitioners is not in any way taking advantage of his own wrong.11 ..... the light of the available material, our view tuned by the evidence on record and related circumstancesis for endorsing the finding of the lower court that a case is strongly made out for the dissolution of the marriage of the couple by the decree of divorce on the ground of cruelty caused by the wife to the husband. ..... lacs to the wife/ appellant as permanent alimony and maintenance under section 25 of the hindu marriage act so that she may maintain herself and her son at a moderate standard. ..... 000/-dated 25-11-1987 that it had been sent by the father of his wife to meet the expenditure of the marriage performed from laxmi guest house at allahabad. ..... defence may be summarized thus : at the time of her marriage with him, he was living in mohalla meerapur. ..... the language of clause 13(1)(ia) of the hindu marriage act is comprehensive enough to include cases of physical as well as mental ..... as a ground of divorce came to be incorporated in section 13 of the hindu marriage act by the amending act no. ..... she, therefore, dissolved their marriage by the instant decree of divorce where against the wife has come up in appeal ..... abha agarwal), whereby the marriage of the couple has been dissolved by a decree of divorce on the ground of .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1981All178
..... it was urged before me that the decree in the present case is liable to be set aside for being based on no evidence, and on the further ground that the wife's application dated 16-7-79 under section 24 of the hindu marriage act was not heard and decided before proceeding to try the case. ..... i may, in this context, also read section 23 of the hindu marriage act which distinguishes the trial of a matrimonial matter from other civil matters. ..... the proviso to rule 15 of the hindu marriage and divorce rules, 1956, does not advance the husband's case much further. ..... (4) in every case where a marriage is dissolved by a decree of divorce, the court passing the decree shall give a copy thereof free of cost to each of the parties. ..... ' rule 15 of the hindu marriage and divorce rules, 1956, framed by the allahabad high court in exercise of the powers conferred by sections 14 and 21 of the act provides as follows:-- '15. ..... section 21 of the hindu marriage act, provides that:--'subject to the other provisions contained in this act and to such rules as the high court may make in this behalf, all proceedings under this act shall be regulated, as far as may be, by the ..... this is a first appeal from an ex parte decree passed against the appellant-wife for restitution of conjugal rights under section 9 of the hindu marriage act, 1955.2. ..... 500/- per month as maintenance pendente lite under section 24 of the hindu marriage act. .....
Tag this Judgment!Court : Allahabad
Reported in : 1990CriLJ1912; II(1991)DMC113
..... earlier and moved it even on a legal advice after consluting a lawyer on getting a notice under the hindu marriage act, her inaction upto that stage would not render her belated action malafide. ..... on the ground that he had already filed a petition under section 9of the hindu marriage act for restitution of conjugal rights with the result that opposite party no. ..... consequently we have no hesitation to hold that a proceeding under the provisions of hindu marriage act can not operate as a bar to a proceeding of maintenance under section 125 cr.p.c. .9 ..... learned counsel says that whereas his suit under section 9 of the hindu marriage act had been instituted on 3.11.1987 and was registered as matrimonial petition no ..... after getting the notice of a petition moved under the hindu marriage act, we fail to understand how such an application can be termed tobe a malafide application ..... 2 could have claimed alimony in the proceedings under the hindu marriage act, there was no question of her seeking the same relief twice by filing a separate application under section 125 cr.p.c.6 ..... holding that a proceeding between the same parties under the hindu marriage act does not bar a proceedings under section 125 cr.p.c. ..... thus a notice of a petition under the hindu marriage act could become an immediate cause for the application under section 125 ..... reported in 1985 (1) crimes, 556 has clearly held that despite proceedings under section 24 of the hindu marriage act, the proceedings under section 125 cr.p.c. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1982All138
..... 51-a of 1979 in the court of the district judge, hoshangabad, madhya pradesh, for restitution of conjugal rights under section 9 of the hindu marriage act; that the suit was decreed with costs on the 14th january, 1980; that the opposite party wife had full knowledge of the decree; and that the dispute between the parties having ..... the opposite party wife had also moved an application under section 24 of the hindu marriage act to which a reply was filed by the applicant husband on the 27th march, 1980. ..... , i must also clarify that the dismissal of the opposite party wife's suit for restitution of conjugal rights by this order will not have the effect of wiping out the order under section 24 of the hindu marriage act, which was also passed on the 5th dec. ..... it is true that no such plea was taken by the husband in his written statement, nor has a copy of his petition under section 9 of the hindu marriage act in the hoshangabad court been filed. ..... , the suit before the hoshangabad court appears to have been earlier in fact as well as in law, than the suit initiated in the district court, allahabad by the opposite party wife's petition under section 9 of the hindu marriage act on the 13th dec. .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(3)AWC1903; II(1998)DMC446; (2002)2SCC73
..... her favour in respect of other properties claimed by her, it may be mentioned that the wife appears to have sought the return of articles and ornaments alleged to have been given to her at the time of marriage described in schedules a, b and c and has assailed the impugned order on the ground that the learned judge family court has not recorded finding in respect of ownership of these properties and has erred in not returning ..... clothes of daily use ; that her husband has kept all the articles, ornaments and valuables (cash and kind described in schedules a, b and c) which were given at or about the time of marriage as its consideration ; that repeated attempts for her vidai from maika were made by her parents but her husband and his other members of the family did not agree to keep her as bahu ..... ) munsif-magistrate without any dowry ; that there was no exchange of any kind nor had her father given any article or rupee to him or the members of his family either before the marriage, during marriage or thereafter or at the time of her vidai ; that it is wrong to state that any asset was given by her father in the first week of june, 1987 either to him or the members of his ..... and proper for her to live with her husband, who has also deserted her for a continuous period of more than two years ; thus she is entitled to get her marriage dissolved by a decree of divorce on the grounds of cruelty and desertion and a decree for the return of the articles described in schedules a, b and c.4. .....
Tag this Judgment!Court : Allahabad
Reported in : II(1996)DMC422
..... course, if the parties come to a mutual agreement that they cannot live together any more, then they can apply for consent decree of divorce under section 13b of hindu marriage act after fulfilling the pre-requisite for the same, otherwise it is the duty of the court to ensure that collusive decree of divorce is not granted. ..... nor the respondent appeared before the court (as is revealed from the record of proceedings) and the trial court without adhering to the due procedure of law and the rules framed under the hindu marriage act and the family courts' act as also the provisions of code of civil procedure passed the impugned decree in great haste. ..... was argued by him that the court of civil judge which is notified by the state government as having jurisdiction in matters dealing with the hindu marriage act is 'district court' within the definition of section 3(b) of hindu marriage act, and therefore any appeal or revision would lie to the district judge and not to high court. ..... even more surprisingly when the plaint revealed that there were three children from the marriage, two of whom were minors, the learned civil judge made no attempt to find out who shall have care and custody of these children and what provision, if any, has been made for their ..... the case of the petitioner is that she never filed any suit under hindu marriage act seeking a decree of divorce, dissolving her marriage performed in the year 1973, that she never resided at sitapur with respondent as was stated in .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2005All379; 2006(1)AWC346; II(2005)DMC810
..... on the first night the wife disclosed about her love affairs and sexual relationship prior to marriage and after the love affair came to light her parents forced her to marry much against her wishes. ..... the respondent-wife filed a list giving details of cash, various gift items and jewellery given at the time of marriage and other ceremonies along with the application moved under section 27 of the act. ..... the wife also appeared in the witness box and stated cash and other items mentioned in the list was given by her father at the time of marriage which has been kept by the husband and his family members. ..... the facts are that a petition under section 9 of the hindu marriage act, 1955 (for short 'the act') was filed by the appellant husband seeking divorce. ..... the claim for refund of rs.60,000/- towards reception of 'barat' and dinner was also disallowed on the ground that guest of both sides had participated in the marriage ceremony and attended the dinner.14. ..... it was pleaded by her that after marriage she was discharging all her matrimonial obligation and paid due respect and regards to all the members of her husband's family. ..... pendency of the proceedings before the family court an application under section 25 of the act claiming rs.7,00,000/- as maintenance and another application under section 27 for refund of cash, gifts and jewellery worth rs.4,50,000/- given in the marriage was moved by the wife.5. .....
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