Section 25 of hindu marriage act. Judgement: Hndu Marriage Act, 1955 2023-01-01
Section 25 of hindu marriage act
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Section 25 of the Hindu Marriage Act is a provision that allows for the granting of judicial separation to couples in a Hindu marriage. This means that the court can order the spouses to live separately and cease to have any matrimonial obligations towards each other, without dissolving the marriage.
Judicial separation can be sought by either spouse in a Hindu marriage, on the grounds of cruelty, desertion, conversion to another religion, or any other ground that the court considers sufficient. In order to be granted judicial separation, the spouse seeking it must prove that the other spouse has committed one of these grounds.
One of the main purposes of judicial separation is to provide relief to a spouse who is being subjected to cruelty or harassment by the other spouse. It allows the spouse to live separately and have a respite from the abusive situation, without having to go through the process of getting a divorce.
Judicial separation also serves as a way for couples to take a break from their marriage and consider whether they want to continue with it or not. It allows them to live separately and explore their options, without the pressure of having to decide on a divorce immediately.
However, it is important to note that judicial separation is not the same as divorce. The marriage is still technically in existence, and the spouses are not free to marry someone else. If the spouses decide to reconcile, they can do so by withdrawing the petition for judicial separation. If they do not reconcile, they can later seek a divorce on the grounds of judicial separation.
In conclusion, Section 25 of the Hindu Marriage Act provides a valuable legal remedy for couples in a Hindu marriage who are facing difficulties in their relationship. It allows them to live separately and take a break from their marriage, without having to fully dissolve it. It also serves as a stepping stone towards divorce, if that is ultimately the path that the couple decides to take.
HMA Section 25
Hence, I feel that it is just and proper to award the pendente lite maintenance till the disposal of the appeal. It is the contention of the Counsel that if the petition for divorce is dismissed, then no application under Section 25 of the Act is maintainable. You can click on this link and join: Follow us on. For the discussions already made, I have no hesitation in holding that the existence of any of the decrees referred to in Sections 9 to 13 of the Act is a condition precedent to the exercise of the jurisdiction under Section 25 1 of the Act; and granting the ancillary relief for permanent alimony and maintenance and not when the main petition was dismissed and no substantial relief was granted under Sections 9 to 14 of the Act. See contra in Minarani v. Below are some important sections of Hindu Marriage law, which you must know: Section 2 of Hindu Marriage Act, 1955: According to Section 2 of the Hindu Marriage Act, 1955, Hindu marriage can be solemnized between two persons, who are Buddhist, Sikh, or Jain.
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Judgement: Hndu Marriage Act, 1955
On or at the time of the happening of that event, the court being siezen of the matter, invokes its ancillary or incidental power to grant permanent alimony. It is the duty of the man to provide for maintenance. Hirabai, AIR 1962 Bom. Though, this provision shall not apply in case of divorcee and widow women. However, the learned counsel for the appellant submitted that there is one decision of this Court under Section 37 of the Indian Divorce Act, reported in Devasakayam v. However, there are still certain legal provisions that might have gone unnoticed, and need rejig.
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Alimony under section 25 of Hindu Marriage Act 1955 can be
In view of this binding precedent, the judgment under appeal is to be set aside. Hence, it may become difficult for a single parent to provide for all the basic requirements of life like food, shelter, clothes, education, etc. DISCLAIMER: The above judgement is posted for informational purpose ONLY. Entitled to claim maintenance through the judicial process View Answer A petition Under Section 12 of Hindu Marriage Act can be filed if: A. Satish Chander, 1984 HLR 124. It states that if a situation arises where the wife or the husband does not have sufficient income to support his or her daily and necessary expenses, the court may on an application grant the non-applicant to pay to the applicant the expenses required monthly, during the proceedings, taking into consideration the income of both the parties. India is a rapidly growing country.
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Section 25 Hindu Marriage Act, 1955
DISCLAIMER: The above judgement is posted for informational purpose ONLY. Not entitled to claim maintenance as dependant C. In India, maintenance laws are stringent and applicable to all citizens. Venkatachari, who drew my attention to the views expressed by the learned author, Mr. Furthermore, Sub-section 3 to Section 25 of the Act provides that alimony has to end on the re-marriage of the ex spouse on proof of sexual relations with another partner unchastely. Types of maintenance Now, the Hindu Marriage Act, mentions two types of maintenance, which are as follows: Interim maintenance maintenance pendente lite. Section 26 of Hindu Marriage Act, 1955: Section 26 of Hindu Marriage Act, 1955 describes the provisions for custody, maintenance, and education of minor children during and after legal proceedings of divorce.
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Section 25(3) of The Hindu Marriage Act, 1955: from a Constitutional lens
On the other hand, under the Hindu Marriage Act, in contrast, her claim for maintenance pendente lite is durated on the pendency of a litigation of the kind envisaged under sections 9 to 14 of the Hindu Marriage Act, and her claim to permanent maintenance or alimony is based on the supposition that either her marital status has been strained or affected by passing a decree for restitution of conjugal rights or judicial separation in favour or against her, or her marriage stands dissolved by a decree of nullity or divorce, with or without her consent. Jawaharlal Dhawan, II 1993 DMC 110 SC. Section 41 of the Evidence Act inter alia provides that a final judgment, order or decree of a competent court in the exercise of matrimonial jurisdiction, which confers upon or takes away from any person any legal character, or which declares any person to be entitled to such character, is relevant. Suppose if, both the parents have a minor child who is currently in the custody of the mother, and in the near future it is assumed by the court that the husband will be capable enough to provide for both the wife and the child. But in this process, so much time will be lost and the party who is providing for maintenance shall lose a lot of finance in spending the cost of court proceedings.
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Hindu Marriage Act, 1955
I do not find any merit in the contentions of the learned counsel for the respondent, Mr. Section 8 of the Hindu Marriage Act, 1955: Section 8 of the Hindu Marriage Act, 1955 has presented the provision of registering the marriage under this Act. Section 24 of Hindu Act, 1955: Section 24 of Hindu Marriage Act, 1955 defines the provision for the expenses of legal proceedings during a divorce process. The issue was whether either of the parties can apply for maintenance after passing the order for divorce. This law was introduced to evade the several concerns which were prevailing due to undeveloped Hindu law for marriage under British Rule. Rajesh Pathak, AIR 1988 All.
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24 HM Act Proceeding Expenses Section 25 Permanent alimony and maintenance
Section 15 of the Hindu Marriage Act: Section 15 of Hindu Marriage Act, 1955 declare that after a valid divorce both parties are eligible to re-marry. Section 16 of Marriage Act, 1955: Section 16 of the Hindu Marriage Act, 1955 defines the legality of children born out of the coalition and can be consequently declared annulled or void or voidable. But Section 25 of the Hindu Marriage Act contemplates only passing of any decree and it does not further proceed to say a decree for either dissolution, nullity of marriage, restitution of conjugal rights or judicial separation. The Constitutionality factor of Section 25 3 Section 25 3 also needs a revisit. On the other hand, I do not find any merit in the submissions made by the learned counsel for the respondent-wife, Mr.
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sarin advocate
The Indians have faith in solemnizing marriage through rituals and customs. The respondent claimed interim maintenance at the rate of Rs. According to the learned counsel for the appellant, Mr. Venkatachari, that the preamble to the Hindu Marriage Act says that the Act is enacted only for the betterment of the wife and on the other hand, it is seen that the preamble relating to the Hindu Marriage Act lays down rules, viz. However, most women in India do not have financial autonomy, which makes it difficult for them to maintain themselves. The Hindu Marriage Act, 1955 was proposed to protect the rights of marriage for the couples who are Hindu and are bound under the religious bond of marriage. Thus when her marital status is to be affected or disrupted the court does so by passing a decree for or against her.
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Section 25 of Hindu Marriage Act
It is to be noted the even though the respondent is not entitled to the permanent alimony till her lifetime, in view of the findings already arrived at in this judgment, she is certainly entitled to claim maintenance till the termination of the proceedings in view of the provisions under Sections 24 and 25 of the Act. This Section is gender-neutral, because any party, husband or wife, will not enter into sexual relationships after divorce, as a result of which they might lose their maintenance. If the petition fails then no decree is passed, i. In the case of Dr. The very Section 37 itself contemplates passing of a decree for dissolution or a judicial separation for granting a permanent alimony to the wife. But, this is not the case in so far as Section 25 of the Hindu Marriage Act is concerned.
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