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Search Results Judgments > Phrase:DIVORCE ACT, 1869 - Section 32 -

Jul 09 1997

Armaity Jimmy Sukhia Vs. Victoria Robert Crasto

  • Decided on : 09-Jul-1997

Court : Mumbai

Reported in : (1997)99BOMLR1

... divorce on the ground as provided in Section 32(d). However, this will not negate all the rights of the plaintiff under the Act. The plaintiff will still have the right to claim divorce on the ground of dissertion. There is no limitation whatsoever provided under Section 32(g). This apart, even the bar under Section 32 ... has cited (i) Lard Hawke v. Corri, 2HAG Con. 280. (ii) Du Boulay v. Du Boulay, ILR 1869 PC 430 (iii) Cowley v. Cowley, 1900 P 118 and (iv) Cowley v. Cowley. 1900 AC ... Section 32(d). However, this will not negate all the rights of the plaintiff under the Act. The plaintiff will still have the right to claim divorce on the ground of dissertion. There is no limitation whatsoever provided under Section 32(g). This apart, even the bar under Section 32(d) cannot be held to be a total bar for the grant of divorce ... Section 32(d) is no bar to the plaintiff claiming that a third person ought not to describe herself as the legally wedded wife of her husband. The bar under proviso to Section 32(d) may well operate against the plaintiff if she were to sue for divorce on the ground provided under Section 32(d) of the Act ... Section 32(d) of the Act disentitles the plaintiff from any relief. By virtue of proviso to Section 32(d) the plaintiff would not he entitled to divorce on that ground as she knew about the purported second marriage for more than two years. She knew not only about the purported second marriage but also about the birth of the child in 1994. Proviso to Section 32 ...

Apr 11 1930

Nina Dalal Vs. Merwanji Pheeozshaw Dalal

  • Decided on : 11-Apr-1930

Court : Mumbai

Reported in : (1930)32BOMLR1046

... Section 4 of the Indian Divorce Act, 1869, in the case of Nusserwanji Wadia v. Eleonora Wadia : AIR1914Bom211(2) with regard to the jurisdiction of this Court in cases relating to restitution of conjugal rights is not correct. The contention that Section 4 only confirms the jurisdiction which the High Court already exercised at the date of the enactment of the Indian Divorce Act ... of this High Court.3. Now the petition, as I have already said, is one for the restitution of conjugal rights. That is based on Section 32 of the Indian Divorce Act of 1869 which runs :--When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, either wife or husband may ... Divorce Act, 1869, in the case of Nusserwanji Wadia v. Eleonora Wadia : AIR1914Bom211(2) with regard to the jurisdiction of this Court in cases relating to restitution of conjugal rights is not correct. The contention that Section 4 only confirms the jurisdiction which the High Court already exercised at the date of the enactment of the Indian Divorce Act seems to overlook the fact that the section ... Divorce Act of 1869... by Sections 10-17 conferred on the Indian Courts jurisdiction to grant decrees for divorce, that is dissolution, subject however to the limitations stated in Section 2. It would not apparently be necessary that both parties to a divorce petition should profess the Christian religion. Nor is this a necessity in the case of petitions for nullity provided for by Sections ...

Sep 19 1929

Peter Philip Saldanha and Ors. Vs. Anne Grace Saldanha

  • Decided on : 19-Sep-1929

Court : Mumbai

Reported in : 124Ind.Cas.776

... of the parties, and by reason of Section 88 of the Act of 1872 the personal law applies. As there has been no sacramental marriage, the parties are not married at all.(4) The learned Judge had no jurisdiction in this suit to pass a decree for restitution of conjugal rights. Section 32 of the Indian Divorce Act of ,1869 requires an application for restitution of conjugal ... Side by a petition under Section 32 of the Indian Divorce Act. That was an Act to amend the law relating to divorce and matrimonial causes in India, the preamble of which recites that it is expedient to amend the law relating to the divorce of persons professing Christian religion, and to confer upon certain Courts jurisdiction in matters matrimonial. Section 4 of the Act lays down that the ... an ordinary orginal side suit. That plaint bears a Court-fee stamp of Es. 20. The jurisdiction to grant a decree for restitution of conjugal rights is contained in Section 32 of the Indian Divorce Act, which is as follows:When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other', either wife or husband may apply ... . held that, in view of Section 4 of the Indian Divorce Act, he had no jurisdiction to entertain the suit. But the reason of the decision was not that the application ought to have been made by a petition under the Indian Divorce Act, but that the facts were not such as would entitle the plaintiff under the Indian Divorce Act to a declaration of nullity. To ...

Mar 30 1937

Phiroze BomanShaw Pothiwalla Vs. Shirinbai Phiroze Pothiwalla

  • Decided on : 30-Mar-1937

Court : Mumbai

Reported in : AIR1938Bom65; (1937)39BOMLR1146; 173Ind.Cas.395

... the ground of the marriage being an infant marriage. There was no time-limit for a suit under Section 27 of the old Act. It was provided under Section 32 of the old Act that in a suit for divorce or judicial separation the Court has to be satisfied that there has been no unnecessary or improper ... only for divorce on the ground of his wife's unsoundness of mind under the new Act of 1936, and I do not understand how it can be argued that only the first part of Section 32(b) applies, and that the proviso does not apply, in this case. Under Section 27 of the old Act the ... Act. It was provided under Section 32 of the old Act that in a suit for divorce or judicial separation the Court has to be satisfied that there has been no unnecessary or improper delay in the institution of the suit. That provision did not apply to a suit for a declaration of nullity of marriage on the ground of unsoundness of mind under Section ... provision in the Act of 1936 is Section 32(b), under which it is provided that the plaintiff may sue the defendant for divorce on the ground that the defendant at the time of the marriage was of unsound mind and has been habitually so upto the date of the suit: provided that divorce shall not ... , or in the alternative to have the marriage declared null and void on the same ground, but under the provisions of Section 27 of the old Parsi Marriage and Divorce Act of 1865. In the body of the plaint it is stated that the plaintiff will in the further alternative ask for a decree ...

Mar 10 1937

Dhunbai Sorabji Palkhiwalla Vs. Sorabji Ardeshir Palkhiwalla

  • Decided on : 10-Mar-1937

Court : Mumbai

Reported in : AIR1938Bom68; (1937)39BOMLR1143; 173Ind.Cas.373

... Section 32(j) are, in my opinion, sufficiently wide to cover the case of a Parsi Zoroastrian who has ceased to be such without having been converted to any other religion. I may point out to you, gentlemen-delegates, in this connection that under Section 10 of the Indian Divorce Act, IV of 1869 ... Divorce Act, IV of 1869, a wife may present a petition to the Court praying that her marriage may be dissolved inter alia on the ground that since the solemnization thereof her husband has exchanged his profession of Christianity for the profession of some other religion and gone through a form of marriage with another woman. Such or similar words are wanting in Section 32 ... Divorce Act of 1936, namely, that her husband had ceased to be a Parsi. The term 'Parsi' is described in Section 2(7) as meaning a Parsi Zoroastrian. In order, therefore, for the plaintiff to succeed she must show that her husband had ceased to be a Parsi Zoroastrian, and she must have also under the proviso to Section 32 filed her suit for divorce ... be dissolved on the ground set out in Section 32(j) of the Parsi Marriage and Divorce Act of 1936, namely, that her husband had ceased to be a Parsi. The term 'Parsi' is described in Section 2(7) as meaning a Parsi Zoroastrian. In order ... in Section 32(j), All that is required is that the defendant should, after the solemnization of his or her marriage with the plaintiff, have ceased to be a Parsi Zoroastrian, and that the aggrieved party has brought the suit for divorce not ...

Feb 20 1936

Manekbai Nadirshaw Vachha Vs. Nadirshaw Jamshedji Vachha

  • Decided on : 20-Feb-1936

Court : Mumbai

Reported in : (1936)38BOMLR836; 165Ind.Cas.977

... true construction of the section corresponding to Section 34 of the Parsi Marriage and Divorce Act (viz., Section 37 of the Divorce Act, 1869). Lord Russell in dealing with orders for alimony after judicial separation pointed out that such orders differed from orders for maintenance after divorce in that orders ... Divorce Act (IV of 1869) which itself is derived from the Matrimonial Causes Act of 1866 (29 & 30 Vic. c. 32, Section 1). The earlier part of Section 37 of the Indian Divorce Act corresponds with Section 34 of the Parsi Marriage and Divorce Act. But the clause, which formulates the authority to order such periodical payments as Davar J. ordered, does not form part of Section 34 of the Parsi Marriage and Divorce Act ... Section 37 of the Indian Divorce Act (IV of 1869) which itself is derived from the Matrimonial Causes Act of 1866 (29 & 30 Vic. c. 32, Section 1). The earlier part of Section 37 of the Indian Divorce Act corresponds with Section 34 of the Parsi Marriage and Divorce Act. But the clause, which formulates the authority to order such periodical payments as Davar J. ordered, does not form part of Section ... Section 32 of the Act of 1857, but only in respect of the personal order for monthly or weekly payments, power to make which, in the case of decrees for dissolution of marriage, was conferred for the first time by the Act of 1866. These new provisions were incorporated in the Indian Divorce Act of 1869, but there has been no corresponding amendment of the Parsi Act ...

Sep 08 1958

Kamalakshi Amma Saraswati Amma Vs. K. Bhaskara Menon

  • Decided on : 08-Sep-1958

Court : Kerala

Reported in : AIR1961Ker154

... applying under Section 7) the subsequent divorce cannot affect it since he would still remain the lawful guardian of the wards under Section 6(a) of Central Act 32 of 1956.His application cannot be summarily dismissed but will have to be decided having regard to the considerations in Section 25 of the Guardians and Wards Act, as also the provision in Section 6(a) of Central Act 32 of ... is to be regarded as one solely under Section 25 of the Guardians and Wards Act (as it well might be if Section 19 of that Act is read as precluding & father from applying under Section 7) the subsequent divorce cannot affect it since he would still remain the lawful guardian of the wards under Section 6(a) of Central Act 32 of 1956.His application cannot be ... of wards whose parents are divorced. Section 6(a) of the Central Act is therefore applicable whether or not the father is divorced from the mother, and it therefore follows that Section 10(2) of Travancore Act II of 1100 is inconsistent with tin's provision.In the absence of anything express Or implied restricting the application of Section 6(a) of Central Act 32 of 1956 to ... the children).But under Section 6(a) of Central Act 32 of 1956 the father is the guardian. No exception or other special provision is made for the ease of wards whose parents are divorced. Section 6(a) of the Central Act is therefore applicable whether or not the father is divorced from the mother, and it therefore follows that Section 10(2) of Travancore Act II of ...

Jul 28 1998

Kakali Mukherjee Vs. Gautam Mukherjee

  • Decided on : 28-Jul-1998

Court : Kolkata

Reported in : (1999)1CALLT124(HC),II(1999)DMC115

... contained in the Act and to such Rule as the High Court may make in this behalf. Mr. Banerjee could not draw my attention to any provision contained in the act or in any rule prescribing application of Order 32 Rule 15 of the Code to a proceeding for divorce under section 13 of the Act. The law ... respondent in a suit for divorce under the provision of section 13(1)(iii) of the Hindu Marriage Act, 1955 ('Act') and is directed against Order No. 42 dated June 4, 1998 passed by the learned trial Judge in Matrimonial Suit No. 38 of 1997 thereby allowing an application under Order 32 Rule 15 of the Code ... contained in Order 32 Rule 15 of the Code applies squarely to a proceeding for divorce under section 13 of the Hindu Marriage Act. As regards the second contention raised by Mr. Banerjee I find that on the basis of allegations made in the pleading as well as in the application under Order 32 Rule 15 of ... Order 32 rule 15 of the Code if any decree Is passed on the ground of mental infirmity, the said decree wilt be a nullity.11. Thus, in my opinion, the provision contained in Order 32 Rule 15 of the Code applies squarely to a proceeding for divorce under section 13 of the Hindu Marriage Act. As ... made two fold submissions.6. The first submission of Mr. Banerjee Is that the provision contained in Order 32 Rule 15 of the Code has no application to a proceeding for divorce under section 13(1) of the Act.7. The second contention of Mr. Banerjee is that in this case the wife having competently ...

Feb 25 1955

Hormusji M. Kalapesi Vs. Dinbai H. Kalapesi

  • Decided on : 25-Feb-1955

Court : Mumbai

Reported in : AIR1955Bom413; (1955)57BOMLR791; ILR1955Bom856

... the period of desertion satisfied the statutory requirement of Section 32, Sub-section (h), of the Act. It had spread over three years and more. Section 37 of the Act allows a counter-claim to be made and, as I have already indicated, whilst the suit was first filed by the wife claiming divorce, the husband counter-claimed for divorce in the same suit and it is the ... alimony has been divorced on the ground that she had deserted her husband, which means that she had left her husband without reasonable cause and without his consent or against his will and that the period of desertion satisfied the statutory requirement of Section 32, Sub-section (h), of the Act. It had spread over three years and more. Section 37 of the Act allows a counter ... in the Divorce Court is right or wrong is to be considered as left an open question.'On the merits, however, the learned Judge was not prepared to dissent from the conclusion of the President in that particular case. Therefore, according to this judgment, it would be safe to conclude that under the corresponding provision of the English Act, i.e. Section 32, it ... principle Section 40, Sub-section (1), applies to all decrees that may be passed under this Act. 8. It may be relevant to refer to a corresponding provision in tbe Bombay Hindu Divorce Act 22 of 1947. Section 8 of this Act has been enacted in substantially similar terms as those which have been employed by the Legislature in enacting Section 47 of the Parsi Marriage and Divorce Act. So ...

Apr 16 1980

Inderjit Kaur Vs. Rajinder Singh

  • Decided on : 16-Apr-1980

Court : Delhi

Reported in : 18(1980)DLT197; 1980RLR666

... . It was transported to this country by section 32 of the Indian Divorce Act 1869. In due course, that became the progenitor of similar provision in subsequent Indian statutes dealing with marriage and divorce. One such, is section 9 of the Hindu Marriage Act which is practically a verbatim reproducction of section 32 of the Indian Divorce Act.(36) From the history of the action ... for judicial separation (section 185), the provision in the 1884 Act that such failure was deemed to constitute desertion, was not re-enacted.'(35) It thus emerges that the action for restitution of conjugal rights is a relief of finish Ecclesiastical law. It was transported to this country by section 32 of the Indian Divorce Act 1869. In due ... Act that such failure was deemed to constitute desertion, was not re-enacted.'(35) It thus emerges that the action for restitution of conjugal rights is a relief of finish Ecclesiastical law. It was transported to this country by section 32 of the Indian Divorce Act 1869. In due course, that became the progenitor of similar provision in subsequent Indian statutes dealing with marriage and divorce ... Act which is practically a verbatim reproducction of section 32 of the Indian Divorce Act.(36) From the history of the action, which I have quoted above, it transpires, that in English law the purpose served by a decree for restitution was to establish desertion and. also, to enable ancillary orders for maintenance to be made. Its function under the- Indian Divorce Act ...

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