16	SMT. SARLA MUDGAL, PRESIDENT, KALYANI & ORS. Vs. UNION OF INDIA & ORS.	Coram: KULDIP SINGH (J)	10/05/1995	Hindu Marriage Act, S.11-Hindu husband embracing Islam and solemnising second marriage without dissolution of the first-Held, second marriage is invalid. Indian Penal Code 1860, S.494-Hindu husband embracing Islam and solemnising second marriag	Disposing of the writ petitions, this Court HELD : 1.1. The second marriage of a Hindu husband after conversion to Islam, without having his first marriage dissolved under law, would be invalid. [267-H] 1.2. A marriage solemnised under a part	Click here to see Subject, Head Notes, Citation and Judgement
17	SMT. VANAMALA Vs. SHRI H.M.RANGANATHA BHATTA	Coram: AHMADI A.M. (CJ)	27/07/1995	Code of Criminal Procedure, 1973: Section 125. Maintenance-Wife-Divorce by mutual consent-Held entitled to maintenance- Sub-section 4-Held inapplicable to the case of a woman who has obtained divorce by mutual consent. The appellant obtained	Allowing the appeal and setting aside the impugned order of the High Court, this Court HELD : The High Court was clearly wrong in reversing the order passed by the Sessions Judge. On a plain reading of section 125 of the Code of Criminal Proced	Click here to see Subject, Head Notes, Citation and Judgement
18	PRAMILA Vs. RAMESHWAR & ANR.	Coram: RAMASWAMY, K.	03/11/1995	Hindu Marriage Act, 1955. S.13-B-Divorce by mutual consent-At the instance of the Court, parties agreeing to settle the dispute on husband paying wife Rs. 700 per month- Decree of divorce by mutual consent to be effective from date of judgment	Disposing of the appeal filed by the wife, this Court HELD : Respondent No. 1 would pay to appellant a sum of Rs. 700 (Rupees Seven hundred) per month starting from November 1, 1995 on or before 5th of every succeeding month. All the pending pro	Click here to see Subject, Head Notes, Citation and Judgement
19	MUTHUSWAMI NADAR AND ORS. Vs. RAMAKRISHNAN NADAR AND ORS.	Coram: FAIZAN UDDIN , SUJATA V. MANOHAR	30/11/1995	Hindu Marriage Act, 1956 : Section 26. Unmarried son-Death-Property-Devolution on mother-Death of mother- Devolution of property on her daughters-Sale deed executed by daughters- Held valid. A partition suit filed by the appellants on the bas	Allowing the appeal, this Court HELD: The First Appellate Court had wrongly assumed that vendor's mother K had converted into Christianity. It is an admitted fact that she was Hindu till she died in the year 1957. On the death of her unmarried s	Click here to see Subject, Head Notes, Citation and Judgement
20	SMT. GURNAM KAUR & ANR. Vs. PURAN SINGH & ORS.	Coram: RAMASWAMY, K.	08/02/1996	Hindu Marriage Act, 1955 : Section 16 as amended by Amendment Act 68 of 1976-Pre-conditions under S. 12 done away with-No need for declaration of earlier marriage as nullity- Consequentially as if the marriage had been valid, the child shall be		Click here to see Subject, Head Notes, Citation and Judgement
21	SMT. PARAYANKANDIYAL ERAVATHKANAPRAVAN KALLIANI AMMA & ORS Vs. K. DEVI & ORS.	Coram: AHMAD SAGHIR S. (J)	26/04/1996	Hindu law : Hindu Marriage Act, 1955 : Section 16. Void marriage-Children-Legitimacy of-Second marriage-Contract of-During subsistence of first marriage-Prior to commencement of Act-Void under S. 5 of Madras Marumakkattayam Act, 1932 then in	Allowing the appeal, this Court HELD : 1.1. Section 7(2) of Kerala Joint Hindu Family System (Abolition) Act, 1975 by which the Madras Marumakkattayam Act, 1932 was repealed does not indicate any intention contrary to the provisions contained in	Click here to see Subject, Head Notes, Citation and Judgement
22	M GOVINDARAJU Vs. K MUNISAMI GOUNDER [D] & ORS	Coram: PUNCHHI, M.M.	13/08/1996	Hindu Marriage Act, 1955 : Sections 3(a), 13 and 16. Hindu Law-'Gounders'-Marriage-Woman walking out of her husband's house and started living with another person, second husband-Son born out of second marriage-Right of such a son to claim parti	Held divorce was complete-Neither paternity nor maternity of son born out of second marriage disputed-Held son born out of second marriage was a legitimate offspring-Held High Court erred in illegitimising the son. CIVIL APPELLATE JURISDICTION :	Click here to see Subject, Head Notes, Citation and Judgement
23	SMT. YALLAWWA Vs. SMT. SHANTAVVA	Coram: N.P. SINGH, S.B. MAJMUDAR	08/10/1996	Hindu Marriage Act, 1955-Section 13(1)(i-b)-Divorce Petition by hus-band-Ex parte decree-Application under Order IX Rule 13 CPC for setting aside exparte decree-Maintainability-Procedure of substituted service of notice- Validity of-Respondent wif	Disposing of the appeal, this Court HELD : 1.1. The respondent was seeking to get the order of the trial Court dismissing her application under Order IX Rule 13 C.P.C. quashed by the High Court. She moved a revision application for that purpose	Click here to see Subject, Head Notes, Citation and Judgement
24	AHMEDABAD WOMEN ACTION GROUP (AWAG) & ORS. Vs. UNION OF INDIA	Coram: SUJATA V. MANOHAR, K. VENKATASWAMI	24/02/1997	Constitution of India-Articles 13, 14, 15 and 32-Scope of-Power of the Court-Legislative policy relating to personal laws-Interference by courts- Extent of-Personal Laws. Three writ petitions were filed by different organisations under Article 3	Dismissing the writ petitions, this Court HELD : 1.1. The Legislature is responsible for the welfare of the State and it is for them to lay down the policy that the State should pursue. Therefore, it is for them to determine what legislation to	Click here to see Subject, Head Notes, Citation and Judgement
25	ASHOK HURRA Vs. RUPA ASHOK HURRARUPA BIPIN ZAVERI	Coram: M.M. PUNCHHI, K.S. PARIPOORNAN	10/03/1997	Hindu law: Hindu Marriage Act, 1955: Section 13-B. Divorce-By mutual consent-Petition for-Jointly filed by husband and wife under S.13-B (1)-Husband alone filed application for decree of divorce under S.13-B (2) six months after presentation	Disposing of the appeal, this Court HELD : 1.1. The appellate court has not disputed the following: (a) the marriage between the parties is dead and has irretrievably broken down; (b) there are allegations and counter- allegations between	Click here to see Subject, Head Notes, Citation and Judgement
26	SMT. JASBIR KAUR SEHGAL Vs. THE DISTRICT JUDGE DEHRADUN & ORS.	Coram: SUJATA V. MANOHAR, D. P. WADHWA	27/08/1997	Hindu Marriage Act, 1955 Section 24-Wife claiming maintenance pendente lite-During the pendency of the divorce proceedings filed by husband-Held, right to claim maintenance include her own maintenance and that of her children-Income of husband i	Allowing the appeal, the Court HELD : 1. The wife has no source of income and she is also main-taining her eldest unmarried daughter. Under the Hindu Adoptions & Maintenance Act, 1956 it is the obligation of a person to maintain his unmarried da	Click here to see Subject, Head Notes, Citation and Judgement
27	BALKRISHNA RAMCHANDRA KADAM Vs. SANGEETA BALKRISHNA KADAM	Coram: A.S. ANAND, K. VENKATASWAMI	04/09/1997	Hindu Marriage Act, 1955 : S.27-Property belonging jointly to husband and wife presented to them at the time of marriage-Disposal of-Jurisdiction of Court Words and Phrases : Expression "at or about the time of marriage" occurring in s.27 o	Held, matrimonial court trying any proceedings under the Act has jurisdiction to make such provision in the decree as it deems just and proper with respect to said property-Since the family court has not gone into the claim of wife and correctness	Click here to see Subject, Head Notes, Citation and Judgement
28	BALWINDER KAUR Vs. HARDEEP SINGH	Coram: SUJATA V. MANOHAR, D.P. WADHWA	18/11/1997	Hindu Law : Hindu Marriage Act, 1955 : Sections 9, 13, 23 and 28-Divorce proceedings initiated by wife-Non-appearance of husband-Ex-parte divorce decree granted-Appeal by wife before High Court alleging fraud committed by husband in getting her	Allowing the appeal, this Court. HELD : 1.1. The High Court erred in summarily dismissing the appeal without satisfying itself that the requirements of law had been satisfied. Thus, the impugned judgment of the High Court as well as that of Dist	Click here to see Subject, Head Notes, Citation and Judgement
29	A.G. VARADARAJULU & ANR. Vs. THE STATE OF TAMIL NADU & ORS.	Coram: K. VENKATASWAMI, M. JAGANNADHA RAO	23/03/1998	Tamil Nadu Land Reforms Fixation of Ceiling on Land Act, 1961 as stood after Amending Act 17/70 which came in to force on 15.2.1970 and before Amending Act, 37/72. Section 21A r/w Section 3 (42) : Non obstante clause-Whether intended to overrid	Dismissing the appeal, this Court HELD : 1. The non-obstante clause in Section 21A of the Tamil Nadu Land Refrains Act was not intended to override anything in Section 3(42). Section 21A refers specifically to Section 22 of the Act, but with reg	Click here to see Subject, Head Notes, Citation and Judgement
30	S.HANUMANTHA RAO Vs. S.RAMANI	Coram: V.N.KHARE, R.P.SETHI	31/03/1999	Hindu Law-Hindu Marriage Act, 1955-Section 13(1) (ia)-Petition by husband for divorce on ground of mental cruelty-Mental cruelty-Meaning of-Removal of Mangalsutra by wife in privacy-Wife preserving copies of letters sent to her husband and parents	Dismissing the appeal, this Court HELD : 1. Mental cruelty as envisaged by Section 13(l)(ia) of the Hindu Marriage Act, 1955 broadly means, when either party causes mental pain, agony or suffering of such a magnitude that it severs the bond betw	Click here to see Subject, Head Notes, Citation and Judgement