Showing : 41-50 of 76 Results

SUPREME COURT OF INDIA
Year of decision: 2010
Details
Hindu Marriage Act, 1955, Section 13B-- Divorce by mutual consent - Waiving of waiting period of six months - Question as to whether Supreme Court in exercise of its jurisdiction under Article 142 of the Constitution can waive waiting period of six months referred to a Bench of three judges in order to have a clear ruling on the issue..........
BOMBAY HIGH COURT
Year of decision: 2010
Details
Hindu Marriage Act, 1955, Section 9, Civil Procedure Code, 1908, Order 21, Rule 33(2)-- Restitution of conjugal rights - Decree of - Court has jurisdiction to pass a direction for periodical payments when J.D. fails to obey the decree within the time limit provided...........
BOMBAY HIGH COURT
Year of decision: 2010
Details
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 12, Rule 6-- Divorce - Both the parties prayed for the same relief of divorce - Court does not get jurisdiction to pass a decree U.O.12.R.6 CPC - Court has to follow mandatory provision of S.23(1)(a) of the Act and record satisfaction which is a condition precedent for passing a decree of divorce...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Evidence Act, 1872, Section 45, Civil Procedure Code, 1908, Section 151, Hindu Marriage Act, 1955, Section 13(1)-- Divorce petition - DNA test - Paternity of son disputed - No provision in Hindu Marriage Act to order such a test - However, Court can pass such an order by invoking inherent jurisdiction to secure ends of justice...........
BOMBAY HIGH COURT
Year of decision: 2010
Details
Hindu Marriage Act, 1955, Section 19-- Jurisdiction of Court u/s 19 of the Act is where the marriage was solemnised, where the respondent, at the time of the presentation of the petition resided or where the parties to the marriage last resided together...........
BOMBAY HIGH COURT
Year of decision: 2010
Details
Hindu Marriage Act, 1955, Section 13-- Irretrievable breakdown of marriage - High Court has no jurisdiction to pass decree on that ground - Such order at most could be passed only by the Supreme Court in exercise of jurisdiction under Article 142 of the Constitution of India...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2009
Details
Hindu Marriage Act, 1955, Section 25, Criminal Procedure Code, 1973, Section 125-- Permanent alimony - Grant of maintenance u/s 125 Cr.P.C. has no impact on jurisdiction of matrimonial Court to grant such alimony as it considers relevant to the facts and circumstances of the case...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Hindu Marriage Act, 1955, Section 13(1)(i)(b)-- Divorce - Desertion - Decree granted by Court having no territorial jurisdiction - Objection with regard to territorial jurisdiction not taken in trial Court - Objection cannot be taken in appeal for the first time unless prejudice was caused to the aggrieved party...........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Family Courts Act, 1984, Section 7, Hindu Marriage Act, 1955, Section 25, 26-- Maintenance - Jurisdiction of Family Court - Court exercising jurisdiction under the Act may at the time of passing of the decree or at any time subsequent thereto, on application made to it, pass an order of maintenance...........
MADRAS HIGH COURT
Year of decision: 2008
Details
Hindu Marriage Act, 1955, Section 22(1)-- Matrimonial proceedings under the Act - Prohibition of printing or publishing the proceedings - Court has inherent jurisdiction to issue an order of injunction or any such direction to give full effect to the statutory provision - Such an order can be passed even against those who are not parties..........

Showing : 41-50 of 76 Results