Showing : 21-30 of 76 Results

DELHI HIGH COURT
Year of decision: 2015
Details
Special Marriage Act, 1954, Section 27, Hindu Marriage Act, 1955, Section 13-- Divorce petition - Jurisdiction - Parties Hindu by religion married under Special Marriage Act - Divorce petition filed under Hindu Marriage Act - They cannot seek divorce under Hindu Marriage Act as their conduct with regard to grant of divorce or relationship would be covered under Special..........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Hindu Marriage Act, 1955, Section 13B(2)-- Divorce by mutual consent - Waiver of six months statutory period - Undue hardship - Neither civil Courts nor High Court has jurisdiction to waive statutory period of 6 months as required u/s 13-B(2) of Act - Moreover, petitioners does not spell out any undue hardship that would cause by passage..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Hindu Marriage Act, 1955, Section 13B-- Divorce by mutual consent - Irretrievable breakdown of marriage - Parties settled the matter and filed a joint application incorporating the terms of settlement - In the facts of the case, Supreme Court by exercising jurisdiction under Article 142 of the Constitution dissolved the marriage between..........
PATNA HIGH COURT
Year of decision: 2015
Details
Hindu Marriage Act, 1955, Section 13(1)(ia)-- Divorce - Cruelty - Mere institution of criminal case by wife against husband and its family members will per se not constitute cruelty for the purpose of seeking divorce unless it is held by a Court of competent jurisdiction that said complaint/allegation was false and vexatious...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 10, Hindu Marriage Act, 1955, Section 19-- Return of plaint - Jurisdiction - Court at place `J' does not have jurisdiction merely on the plea that parties visited the village which comes under the jurisdiction of Court at place `J' - By visiting village `G' for ceremony, parties cannot confer jurisdiction upon Court at place `J' as it..........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Hindu Marriage Act, 1955, Section 11, 5, Civil Procedure Code, 1908, Order 7, Rule 11(a)(b)-- Nullity of marriage - Wife seeking declaration of marriage as null and void - Wife Hindu and husband Christian at the time of marriage - Marriage performed as per Hindu rites and rituals - Both of them continued to profess their respective religion till filing of petition - Jurisdiction of Court..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Hindu Marriage Act, 1955, Section 19-- Jurisdiction - Wife can present a petition under the Act to District court within the local limits of whose ordinary original civil jurisdiction she is residing on the date of presentation of the petition...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 7, Rule 10, Hindu Marriage Act, 1955, Section 19-- Return of plaint - Territorial jurisdiction - Plaint/petition is returnable U.O.7.R.10 CPC only where a finding about want of jurisdiction can be arrived at on the averments made in the plaint itself - Where allegation of defendant require enquiry and evidence is needed to arrive at a conclusion,..........
KERALA HIGH COURT
Year of decision: 2013
Details
Hindu Marriage Act, 1955, Section 13B-- Divorce by mutual consent - Withdrawal of consent - Held, at the stage when enquiry is to be held u/s.13B(2) a free consent of both parties is required - If consent is withdrawn by either of them then Court will have no jurisdiction to entertain petition or pass decree of divorce on mutual..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Hindu Marriage Act, 1955, Section 24-- Maintenance pendente lite - Pre-existing order under Criminal Procedure Code for payment of maintenance, does not oust the jurisdiction of Civil Court to allow maintenance pendente lite u/s 24 of the Act...........

Showing : 21-30 of 76 Results