Court : Karnataka
..... similarly, section 2(2a) has been 34 added to hindu minority and guardianship act, 1956, and section 2(2a) has been added to the hindu marriages act, 1955 by way of state amendments, which have been made under the provisions of regulation 7 of 1963 and section 2 of the schedule thereto, which would clearly indicate that the parliament enabled the state legislature to make the amendment to the respective personal laws, whether applicable to the hindus or mohammedans, by which, there is a categorical exclusion of the personal laws as applicable in the rest of india to the union territories of pondicherry comprising, inter alia, of karaikal ..... the resultant position is that by virtue of the regulation of the year 1963 and the act of the year 1968, the provisions of what we may call as the hindu code, namely the hindu marriage act, the hindu succession act, the hindu minority and guardianship act, 1956 and the hindu adoptions and maintenance act, 1956, would generally apply to the inhabitants of pondicherry, except those, who are renouncants of the union territory of pondicherry.37. ..... the 3 major enactments, namely, the hindu succession act, hindu marriages act and the hindu adoption and maintenance act are not applicable to renouncants in pondicherry.29. .....
Tag this Judgment!Court : Karnataka
..... similarly, section 2(2a) has been 34 added to hindu minority and guardianship act, 1956, and section 2(2a) has been added to the hindu marriages act, 1955 by way of state amendments, which have been made under the provisions of regulation 7 of 1963 and section 2 of the schedule thereto, which would clearly indicate that the parliament enabled the state legislature to make the amendment to the respective personal laws, whether applicable to the hindus or mohammedans, by which, there is a categorical exclusion of the personal laws as applicable in the rest of india to the union territories of pondicherry comprising, inter alia, of karaikal ..... the resultant position is that by virtue of the regulation of the year 1963 and the act of the year 1968, the provisions of what we may call as the hindu code, namely the hindu marriage act, the hindu succession act, the hindu minority and guardianship act, 1956 and the hindu adoptions and maintenance act, 1956, would generally apply to the inhabitants of pondicherry, except those, who are renouncants of the union territory of pondicherry.37. ..... the 3 major enactments, namely, the hindu succession act, hindu marriages act and the hindu adoption and maintenance act are not applicable to renouncants in pondicherry.29. .....
Tag this Judgment!Court : Chennai
..... the resultant position is that by virtue of the regulation of the year 1963 and the act of the year 1968, the provisions of what we may call as the hindu code, namely the hindu marriage act, the hindu succession act, the hindu minority and guardianship act, 1956 and the hindu adoptions and maintenance act, 1956, would generally apply to the inhabitants of pondicherry, except those, who are renouncants of the union territory of pondicherry. 37. ..... while the special marriage act, 1954, the hindu marriage act, 1955 and the hindu succession act, 1956, were covered by the regulation of the year 1963, the hindu minority and guardianship act, 1956 and the hindu adoptions and maintenance act, 1956 were covered by the 1968 act. ..... the 3 major enactments, namely, the hindu succession act, hindu marriages act and the hindu adoption and maintenance act are not applicable to renouncants in pondicherry. 29. ..... under section 4(1) of the pondicherry (administration) act, 1962, all laws in force immediately before the appointed date in the former french establishments were directed to continue to be in force, until amended or repealed by a competent legislature. ..... this additional written statement was in response to an amended plaint where certain wet lands were included. .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(4)ALLMR1093; 2004(2)BomCR399
..... amending act.the pondicherry (extension of laws) act, 1968 (26 of 1968).10.csection 2 of the hindu minority and guardianship act, 1956 also expressly states that the provisions of the act would be in addition to the guardian and wards act, 1890. ..... (iv)hindu marriage act, 1955 (25 of 1955) and(v)code of civil procedure, 1908 (5 of 1908). ..... marriage and divorce have already been dealt with so far as hindus are concerned and the definition of minor in the bill will ensure that the age of majority is 18 for all practical purposes.3.guardians may be divided into three classes, namely , - (1)natural guardians, (2)testamentary guardians, and(3)guardians appointed under the guardians and wards act, 1890, and the present bill is supplemental to the guardians and wards act, 1890, and deals with natural guardian and testamentary guardians incidentally abolishing ..... that act applies to all persons including hindus but an exception is made with respect to the capacity of any person to act in the matter of marriage, dower, divorce and adoption. ..... (iii)child marriage restraint act, 1929 (19 of 1929). .....
Tag this Judgment!Court : Chennai
Reported in : I(1991)DMC296
..... the question which should be considered by me is whether the appellant is guilty of treating the respondent with cruelty within the meaning of section 13(1)(ia) of the hindu marriage act.8. ..... the full bench had made a detailed reference to the 59th report of the law commission and the statement of objects and reasons of the amendment act 68 of 1976, taking the view that the parliament intended to amend the law with a view to liberalise the same in accordance with the modern trend and not to restore the old doctrine of danger which had been discarded even in england. ..... the respondent preferred a revision petition to the principal sessions judge at pondicherry, who allowed the revision in part and set aside the order of maintenance to the appellant on the ground that he offered to take her back and she agreed to resume cohabitation with him. ..... this appeal has been preferred by the wife against the decree for divorce granted by the first additional district judge at pondicherry on the ground of cruelty.2. ..... at the time of arguments, a compromise were arrived at and in accordance with the compromise, the respondent established his conjugal home at pudu saram at pondicherry in the month of october 1980 because of non-availability of a separate residence at pondicherry and because of the festival season at sinnerkunam. ..... joseph of cluny hospital at pondicherry, the birth of the child was intimated to him only three days thereafter and he went to the hospital to see the child. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2007(6)ALT39; 2008(1)AWC318(SC); 2007(5)CTC460; II(2007)DMC755SC; JT2007(12)SC424; (2008)1SCC180
..... under section 8 of the hindu marriage act, 1955 (in short the 'hindu act') certain provisions exist for registration of marriages. ..... so far as the state of west bengal is concerned, it has been submitted by the learned counsel for the state that on 22.12.2006, changes have been made to the west bengal special marriages rules, 1969, registration of muslim marriages & divorces registration rules and hindu marriage act for the purpose of making marriages compulsorily registrable and providing for consequences for not doing it ..... in the state of haryana, the haryana hindu marriage registration rules, 2001 under section 8 of the hindu act have been ..... in jammu and kashmir, jammu and kashmir hindu marriage act, 1980 empowers the government to make rules to provide that the parties (hindus) shall have their particulars relating to marriages entered in such a manner as may be prescribed for facilitating proof of such marriages. ..... noted above, the hindu act enables the state government to make rules with regard to the registration of marriages. ..... it is pointed out in the affidavit filed on behalf of the respondent- state of goa that the hindu act is not in force in the said state since it has not been extended to the state either by the goa, daman and diu laws regulations, 1962 or by the goa, daman and diu laws ..... in pondicherry, the pondicherry hindu marriage (registration) rules, 1969 have come into force w.e.f ..... this can be done by amending the existing rules, if any, or by framing new rules .....
Tag this Judgment!Court : Chennai
Reported in : 2005(3)CTC733; II(2005)DMC581
..... under section 16 of the hindu marriage act, notwithstanding that a marriage is null and void any child of such marriage would have been legitimate if the marriage has been valid shall be legitimate, where such child is born before or after the commencement of the marriage laws (amendment), act 1976. ..... learned first additional district munsif, pondicherry is further directed to afford opportunity to the proposed parties/newly impleaded defendants to file their written statements and dispose of the suit in accordance with the law.25. ..... 127 of 1987 on the file of first additional district judge, pondicherry dated 19.9.1988, wherein the second petitioner claimed compensation amount as wife of kuppusamy.sale deed dated 9.9.1975 showing that the second petitioner -canagame is the wife of kuppusamy and concubine of govindaradjalou naicker.18. ..... learned first additional district munsif, pondicherry is directed to implead the second petitioner - canagame as the seventh defendant. ..... -- for the foregoing reasons, the order dated 2.11.2001 passed by the first additional district munsif, pondicherry in i.a. no. ..... -- for the foregoing reasons, the order dated 2.11.2001 passed by the first additional district munsif, pondicherry in i.a. no. ..... -- the plaintiffs have filed this suit for declaring that the plaintiffs 1 and 2 and defendants 1 to 5 are the legal heirs of govindaradjalou naicker, who died on 5.12.1989 at pillaichavady, pondicherry. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1967SC1480; [1967]2SCR650; [1967]20STC215(SC)
..... initially, when the principal act came into force in pondicherry with effect from 1st april, 1966, this amendment act passed by the madras legislature also became effective in pondicherry, because the pondicherry government notified that the principal act was to commence with effect from 1st april, 1966; but, subsequently, when the amending act was passed by the pondicherry legislature, it became clear that the pondicherry legislature itself decided that the madras act which should come into force in the territory of pondicherry should be as it stood amended by the madras general sales tax (second amendment) act no. ..... in the present case it is clear that the pondicherry legislature not only adopted the madras act as it stood at the date when it passed the principal act but also enacted that if the madras legislature were to amend its act prior to the date when the pondicherry government would issue its notification it would be the amended act which--would apply. ..... in our opinion, it not at all necessary for us to enter into this controversy in the present case, because of our view that, even if it be held that the principal act was bad for excessive delegation of powers when it was enacted and published, the subsequent amending act passed by the pondicherry legislature had the effect of bringing into force in pondicherry a valid act, under which proceedings sought to be taken against the petitioner were fully justified. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1990SC560; JT1989(2)SC483; 1989Supp(1)SCC430; [1989]2SCR629
..... agreed) did not consider it necessary to enter into this controversy as, according to them - and on this they dissented from the majority - even if it be held that the pondicherry act was bad for excessive delegation of powers when it was enacted and published, a subsequent amending act of the pondicherry legislature had remedied the situation.22. ..... it was argued that such abdication resulted from the wholesale adoption of the madras act as in force in the state of madras immediately before the commencement of the pondicherry act, as section 2(1) read with section 1(2) meant that the legislature adopted not only the madras act as it was when it enacted the pondicherry act but also such amendment or amendments in the madras act which might be passed by the madras state legislature up to the time of commencement of the act i.e. ..... act 68 of 1971, statutorily clarified that:on and from the date on which the united provinces (temporary) control of rent and eviction act, 1947, is extended by notification under section 3 of the cantonments (extension of rent control laws) act, 1957 to the cantonments in uttar pradesh, the uttar pradesh cantonments (control of rent and eviction) act, 1952 (act 10 of 1952) shall stand repealed.in other words, though extension of local laws to cantonments by notification was allowed, parliament provided for the simultaneous creation of a 'vacuum' in the cantonment area by repeal of the 1952 act .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1974SC1660; [1974]94ITR204(SC); (1974)4SCC98; [1974]2SCR879; [1974]33STC219(SC)
..... not only adopted the madras act as it stood at the date when it passed the principal act, but in effect also enacted that if the madras legislature were to amend its act prior to the notification of its extension to pondicherry, it would be the amended act that would apply; that the legislature at that stage could 'not anticipate that the madras act would not be amended nor could it predicate what amendments would be carried out or whether they would be of a sweeping character or whether they would be suitable in pondicherry and that, the result was that the pondicherry legislature accepted the amended act ..... though it was not and could not be aware what the provisions of the amended .....
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