Showing : 31-40 of 79 Results

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- Held, at the stage when enquiry is to be held u/s.13B(2) a free consent of both parties is required - If consent is withdrawn by either of them then Court will have no jurisdiction to entertain petition or pass decree of divorce on mutual..........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...........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Hindu Marriage Act, 1955, Section 13, Constitution of India, 1950, Article 142-- Dissolution of marriage - Irretrievable broken down of marriage - Held, statute does not permit a Court to dissolve a marriage on account of its irretrievable breakdown - This may be done by Supreme Court in exercise of its powers and jurisdiction u/Art.142 of Constitution of India...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Hindu Marriage Act, 1955, Section 13, 19-- Divorce petition - Jurisdiction - Petition for divorce by husband against wife be instituted in a Court within whose jurisdiction wife resides...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Section 13, 14-- Divorce decree of foreign Court - Couple of Indian Origin acquired citizenship of USA - Married in USA as per Hindu ceremonies - After divorce, custody of child given to husband - Wife came back to India along with child - Husband came to India and filed Habeas Corpus Writ against wife - Validity..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Hindu Marriage Act, 1955, Section 19, 13-- Divorce petition - Jurisdiction - Petition can be filed in a Court where petitioner was residing at the time of presentation of petition - Petitioner is not required to be permanent resident of the place where petition is filed...........
KARNATAKA HIGH COURT
Year of decision: 2011
Details
Hindu Marriage Act, 1955, Section 13, 23-- Divorce - Reconciliation - Court in first instance must make endeavour to bring about reconciliation between parties - Failure to make such endeavour deprives Court of jurisdiction to try and decide the case - It will undoubtedly be a serious omission to be taken into account...........
UTTARAKHAND HIGH COURT
Year of decision: 2011
Details
Hindu Marriage Act, 1955, Section 19-- Divorce - Jurisdiction of Court - Place of last residence - Husband pleaded that parties to matrimony last resided in Dehradun together - This fact denied by wife - Question whether couple last resided in Dehradun not a mixed question of fact and law, which arised out of pleading of parties -..........
DELHI HIGH COURT
Year of decision: 2010
Details
Hindu Marriage Act, 1955, Section 13B-- Divorce by mutual consent - Mandatory requirements of the provision are : (a) they have been living separately for a period of one year or more, (b) that they have not been able to live together (c) that they have mutually agreed that the marriage should be dissolved - Once these three conditions..........

Showing : 31-40 of 79 Results