Search Results for "Hindu Marriage Act"

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Search Results for "Hindu Marriage Act"

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Supreme Court

Supreme Court Dismisses Appeal in Partition Suit: Marriage of Plaintiff with Deceased Hanumanthappa Held Valid Despite Age Dispute and Lack of Ceremonies. The Court held that the age requirement for marriage under Section 5(iii) of the Hindu Marriage Act, 1955 is directory, not mandatory, and the marriage was sufficiently proved through evidence.

15 Nov 2019

The case involves a partition suit filed by Sujathamma claiming a share in the ancestral property of Sonnappa as the wife of his deceased son, Hanuman...

High Court

Bombay High Court Allows Second Appeal in Divorce Case, Sets Aside Decree Based on Irretrievable Breakdown of Marriage. Court holds that irretrievable breakdown of marriage is not a ground for divorce under the Hindu Marriage Act, 1955, and the lower appellate court erred in applying no-fault theory without framing issue under Section 23(1)(a).

20 Dec 2016

The appellant, Chitra Sachin Mapara, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment and decree...

High Court

Bombay High Court Allows Husband's Appeal for Nullity of Marriage Under Section 11 of Hindu Marriage Act, 1955 on Ground of Fraudulent Concealment of Religion. Marriage Between Parsi and Hindu Held Voidable as Consent Was Obtained by Suppressing Respondent's Religion.

13 Oct 2014

The appellant-husband, a Parsi by religion, married the respondent-wife on 15th April 1999 according to Hindu vedic rites. They had a son on 4th Augus...

High Court

Bombay High Court Dismisses Husband's Appeal in Nullity of Marriage Case Based on Wife's Sickle Cell Anemia. Sickle Cell Anemia Not a Ground for Voidable Marriage Under Section 12(1)(c) of Hindu Marriage Act as It Is Not a Communicable Disease and No Fraud Proven.

25 Apr 2017

The appellant husband, Pradeep Ambhore, filed a Family Court Appeal before the Bombay High Court challenging the judgment of the Family Court, Akola, ...

Supreme Court

Supreme Court Allows Maintenance to Wife in Second Marriage Despite Pendency of Appeal Against Divorce Decree — Marriage Not Void Under Hindu Marriage Act When No Stay on Decree. The Court held that Section 125 CrPC maintenance cannot be denied solely on the ground that the marriage was solemnized during the pendency of an appeal against a divorce decree, as the earlier marriage stood dissolved and the second marriage did not contravene Section 5(i) of the Hindu Marriage Act.

14 Feb 2020

The appeal arises from a judgment of the Telangana High Court dismissing the appellant's criminal revision against the rejection of her maintenance ap...

High Court

Bombay High Court Dismisses Wife's Application to Dismiss Husband's Appeal as Time-Barred in Matrimonial Dispute — Limitation Period for Appeal Under Hindu Marriage Act is 90 Days, Not 30 Days Under Family Courts Act. Section 28(4) of Hindu Marriage Act, 1955, being a special provision, prevails over Section 19(3) of Family Courts Act, 1984, and the appeal filed within 90 days is maintainable.

17 Dec 2014

The case involves a civil application filed by the wife (applicant) seeking dismissal of the husband's appeal on the ground of limitation. The parties...

Supreme Court

Supreme Court Upholds Legitimacy of Child from Irregular Muslim Marriage in Partition Suit. Child born from marriage of Muslim man with Hindu woman held legitimate and entitled to inherit father's property under Muslim law.

22 Jan 2019

The Supreme Court dismissed an appeal against the Kerala High Court's judgment that restored the trial court's decree in a partition suit. The dispute...

High Court

Bombay High Court Dismisses Husband's Second Appeals in Matrimonial Dispute, Upholds Wife's Right to Maintenance and Conjugal Rights. Acquittal in criminal case does not automatically disentitle wife to civil reliefs under Hindu Marriage Act, 1955 and Hindu Adoptions and Maintenance Act, 1956.

23 Dec 2015

The appellant husband and respondent wife married on 16 June 2002. Shortly after marriage, the wife alleged she was forced to leave the matrimonial ho...

High Court

Bombay High Court Dismisses Revision Against Rejection of Application to Set Aside Ex-Parte Decree in Suit for Declaration and Injunction. Delay of 13 Years Not Condoned as Applicants Failed to Show Sufficient Cause Under Order 9 Rule 13 CPC.

30 Nov -0001

The case involves a civil revision application filed by the original defendants (applicants) against an order of the Civil Judge Senior Division, Khed...

High Court

Bombay High Court Allows Husband's Appeal in Marriage Annulment Case — Sets Aside Restitution of Conjugal Rights Decree. Marriage declared null and void as wife was suffering from schizophrenia at time of marriage, a mental disorder of such kind that husband could not reasonably be expected to live with her under Section 5(ii)(b) of Hindu Marriage Act, 1955.

11 Sep 2019

The appellant-husband filed a petition under Section 11 read with Section 5(ii)(b) of the Hindu Marriage Act, 1955, seeking annulment of his marriage ...

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