Search Results for "Hindu Marriage Act, 1955"

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High Court

Karnataka High Court Dismisses Second Wife’s Challenge to 50% Family Pension Order; Upholds Equal Shares for Both Widows Under Rule 75(7)(i)(a) of Railway Services (Pension) Rules, 1993. Second Wife’s Claim Recognized Despite Void Marriage Under Hindu Marriage Act, 1955, Based on Service Rule Mandating Equal Distribution Among Multiple Widows.

20 Dec 2023

The dispute pertained to the entitlement of family pension following the death of a railway employee who had married twice. The employee, R. Ramesh Ba...

High Court

High Court of Karnataka Allows Divorce on Ground of Desertion After 21 Years of Separation — Marriage Held to Be Dead and Irretrievably Broken Down. Long separation of 21 years and wife's failure to explain desertion established wilful desertion under Section 13(1)(ib) of Hindu Marriage Act, 1955.

16 Nov 2021

The appellant-husband, K. Mallikarjuna, filed a petition under Section 13(1)(ib) of the Hindu Marriage Act, 1955, seeking divorce from his wife, H. A....

Supreme Court

Supreme Court Upholds Husband in Divorce Case Based on Irretrievable Breakdown of Marriage Under Article 142 of Constitution. Marriage Dissolved as Parties Lived Apart for Almost Two Decades and Reconciliation Was Impossible, Despite Lack of Statutory Ground in Hindu Marriage Act, 1955.

13 Sep 2021

The dispute involved a husband and wife who married in 2002 under Hindu rites, but the marriage never consummated and broke down immediately, with the...

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 ...

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 Allows Family Pension to Second Wife Despite Bigamous Marriage — Second Wife Entitled to Family Pension Under Maharashtra Civil Services Rules if First Wife Predeceased Employee. Court Holds That Marriage, Though Void Under Hindu Marriage Act, Does Not Disentitle Surviving Spouse to Family Pension.

20 Jun 2017

The petitioner, Ramabai Gulabrao Jamnik, filed a writ petition challenging the refusal of family pension by the Accountant General (Accounts & Entitle...

High Court

Bombay High Court Allows Waiver of Statutory Cooling-Off Period in Mutual Consent Divorce Case Due to Irretrievable Breakdown of Marriage. Court Holds That Section 13-B(2) of Hindu Marriage Act, 1955 Is Not Mandatory and Can Be Waived to Prevent Hardship When Parties Have Been Living Separately for Over Three Years.

7 May 2015

The petitioners, a married couple, filed a writ petition before the Bombay High Court at Aurangabad challenging an order dated 8 April 2015 passed by ...

High Court

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6 Jun 2013

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High Court

High Court of Karnataka Hears Appeals Filed by Legal Heirs of Defendant Against Decree in Partition Suit. Appeals Arise from Common Judgment Partly Decreeing Suit for Partition and Separate Possession of Ancestral Properties.

6 Jun 2013

The appeals arose from a common judgment and decree passed in O.S.No.2640/1988 and O.S.No.5075/2000 by the I Additional City Civil & Sessions Judge, B...

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...

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