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

Dec 13 2001

Elizabeth Skariah Vs. Aby Skariah and Ors.

  • Decided on : 13-Dec-2001

Court : Delhi

Reported in : AIR2002Delhi307; 95(2002)DLT343; I(2002)DMC273

... the plaintiff showing indifference and even becoming violent towards the plaintiff. On on about 18.12.1999, the plaintiff received summons from the Family Court in Ernakulam with petition Section 32 of the Indian Divorce Act filed by defendant No. 1 for restitution of conjugal rights. She made inquiries with friends and local acquaintances and has come to know that defendant No. 1 in ... has filed affidavit by way of evidence and has proved the following documents:-(i) Exhibit PW 1/1 is the copy of petition for Restitution of Conjugal rights under Section 32 of the Indian Divorce Act filed by defendant No. 1 against the plaintiff in the Family Court in Ernakulam; (ii) Exhibit PW 1/2 to 1/7 are the photographs of marriage between ... the petition under Section 32 of the Indian Marriage Act on 31.12.1999 before the Family Court in Ernakulam coupled with the letter received by the plaintiff through her local Advocate in Kerala, entitle the plaintiff the relief claimed against defendant No. 1.11. As a consequence, defendant No. 1 is permanently restrained from contracting the second marriage without obtaining divorce from plaintiff ... her to seek divorce. Unless and until both consent to part ways, the aggrieved or the victim as the case may be, has to prove the allegations sufficient to dissolve the marriage. Marriage cannot be allowed to be rocked on the drop of hat.10. In the light of allegations, withdrawal of the petition under Section 32 of the Indian Marriage Act on 31 ...

Sep 06 1995

Smt. Hafijabi Suleman Darwajkar Vs. Suleman Mohammad Darwajkar and ano ...

  • Decided on : 06-Sep-1995

Court : Mumbai

Reported in : AIR1996Bom79; 1996(3)BomCR281; (1995)97BOMLR458

... Divorce) Act, 1986 is not retrospective in operation and the same will not apply to the present case. According to the counsel the application was disposed of by the counsel the learned Judicial Magistrate on 1-10-1984 long before the Act now in question came into force. 2. Section 7 of the said Act referees to 'every application by divorced woman under section 125 or under Section ... various grounds. The first respondent contended that the petitioner's father had given agricultural lands to him for cultivation on tenancy basis which he has purchased under Section 32(g) under Bombay Tenancy and Agricultural Lands Act because of it the petitioner has started picking up quarrels with him. It is the counter case the first respondent that the present application has been ... on Divorce) Act, 1986 (for short the Act), the present application for maintenance is not maintainable and it was further contended that the provision of Section 125 of the Cr. P.C. are not applicable to a divorced muslim wife and the case should be decided as per the provisions of the said came to the conclusion that considering Section 3 and 7 of said Act it ... The Act viz., Muslim women (protection of rights on Divorce) Act, 1986 is not retrospective in operation and the same will not apply to the present case. According to the counsel the application was disposed of by the counsel the learned Judicial Magistrate on 1-10-1984 long before the Act now in question came into force. 2. Section 7 of the said Act referees to ...

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 ...

Mar 10 2005

Minoo Rustomji Shroff and Ors. Vs. Union of India (UOI) and Ors.

  • Decided on : 10-Mar-2005

Court : Mumbai

Reported in : 2005(3)ALLMR404; 2005(4)BomCR147; 2005(2)MhLj1124

... effect seeks quashing judicial orders.5. Section 32-B of the said Act reads as under :--'32B Divorce by mutual consent.-- (1) Subject to the provisions of this Act, a suit for divorce may be filed by both the parties to a marriage together whether such marriage was solemnized before or after the commencement of the Parsi Marriage and Divorce (Amendment) Act, 1988, on the ground that they ... falls for our consideration. Section 32-B was inserted in the said Act by the Parsi Marriage and Divorce (Amendment) Act, 1988. Prior thereto divorce by consent was not permitted among Parsis.9. The fact that prior to the impugned orders and judgments the aid and assistance of the delegates had always been taken is not material for the purpose of interpreting Section 32-B. On the other ... the delegates appointed under the Act. It is necessary to note that the decrees were passed in suits filed by respondent Nos. 3 to 28 under Section 32-B which provides for 'Divorce by mutual consent'.3. The question of law that arises for consideration in this petition is whether in a suit filed under Section 32B of the Act for divorce by mutual consent the Presiding ... had always been taken is not material for the purpose of interpreting Section 32-B. On the other hand, it is well known that the Parsi Matrimonial Court sits only once or twice in the year. Therefore, if the aid and assistance of the delegates is mandatory even in cases of divorce by mutual consent, parties will have to wait for an extremely ...

Feb 20 1990

Kalapala Babu Rao Vs. Kalapala Ammaji

  • Decided on : 20-Feb-1990

Court : Andhra Pradesh

Reported in : I(1991)DMC632

... is unemployed, is the husband of the respondent. Both belong to Christian religion. The husband tiled a petition in the District Court, Krishna at Machilipatnam, under Section 32 of the Indian Divorce Act (hereinafter referred to as 'the Act') for restitution of conjugal rights and the same was dismissed. Aggrieved against the said order, the husband filed the present appeal. It is convenient to refer ... the wife to stay away from the matrimonial home and the husband is not entitled to claim restitution of conjugal bliss under Section 32 of the Indian Divorce Act as it is a reasonable excuse for the wife to defend herself as the act committed by the husband amounts to mental cruelty.13. The request if any made by the husband in writing for resumption ... close relationship with petitioner and the respondent, it can be said that the arrangement as pleaded by him is correct.10. It is relevant to notice the provisions of Section 32 of the Act which reads as follows :'When either the husband or wife was without reasonable excuse, withdrawn from the society of the other, either wife or husband may apply, by petition ... the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.' 11. Section 33 of the Act is also relevant in this connection which reads as follows :'Nothing shall be pleaded in answer to a petition for restitution of conjugal rights, which would not be ground ...

Mar 16 2001

Sujatha Christiana Vs. C. Thomas

  • Decided on : 16-Mar-2001

Court : Chennai

Reported in : AIR2002Mad6

... her husband without reasonable cause. Section 32 of the Indian Divorce Act states that the Court on being satisfied of the truth of the statement made in the petition, may decree the restitution of conjugal rights when either the husband or wife has without reasonable excuse withdrawn from the society of other. It is manifestly clear from the above Section that before ordering for ... for Rs. 50,000/-. Thereafter, the respondent complained the matter to the police. The police registered a case under Section 498-A, 406 IPC and under Sections 4 of the Dowry Prohibition Act. Thus, the petitioner continuously gave harassment to the respondent. The cruel acts of the petitioner towards the respondent are unbearable and hence, the respondent is unable to live with the ... made unwarranted allegations against the petitioner and complained to the police that the petitioner has been insisting on dowry and caused a prosecution to be launched under the Dowry Prohibition Act against the petitioner and his brother. The petitioner was arrested by the police and he obtained bail from the Court. The petitioner issued notice dated 12-8-1988 to ... a Hindu wife's first duty to her husband is to submit herself obediently and to remain under his roof and protection. But then legislative enactments like the Hindu Marriage Act have made considerable inroads upon the unqualified rights that the Hindu husband generously enjoyed over the wife. The Court cannot in every case when the wife withdraws from the ...

Feb 18 1974

Fazal Masih Vs. Smt. Patience

  • Decided on : 18-Feb-1974

Court : Rajasthan

Reported in : 1974(7)WLN74

... . Then under Section 10 of the Act on a petition by the wronged party a divorce should be granted if the Court finds that the alleged misconduct is proved and there is no impediment to its grant. Divorce by consent is not obtainable under the Indian Divorce Act, 1869. Much less a petition for restitution of conjugal rights under Section 32 of the Act filed by ... . Divorce by consent is not obtainable under the Indian Divorce Act, 1869. Much less a petition for restitution of conjugal rights under Section 32 of the Act filed by the husband could be converted into one for divorce and then the decree for divorce granted on consent.4. In these circumstances, we regret, we cannot confirm the decree and set aside the decree for divorce passed ... divorce should be granted if the Court finds that the alleged misconduct is proved and there is no impediment to its grant. Divorce by consent is not obtainable under the Indian Divorce Act, 1869. Much less a petition for restitution of conjugal rights under Section 32 of the Act filed by the husband could be converted into one for divorce and then the decree for divorce ... divorce is the only remedy for the wrong. Then under Section 10 of the Act on a petition by the wronged party a divorce should be granted if the Court finds that the alleged misconduct is proved and there is no impediment to its grant. Divorce by consent is not obtainable under the Indian Divorce Act, 1869. Much less a petition for restitution of conjugal rights under Section 32 ...

Feb 10 1969

Samraj Nadar Vs. Abraham Nadachi

  • Decided on : 10-Feb-1969

Court : Chennai

Reported in : AIR1970Mad434

... 1964 filed under Section 32 of the Indian Divorce Act, 1869, for restitution of conjugal rights. The appellant and the respondent Abraham Nadachi were married according to the Christian rites in 5956. The petition itself starts by saying that there was an estrangement between the parties. As a result thereof, the wifefiled M. C. No. 31 of 1961 before a Magistrate under Section 488 of the ... though as we have seen, under Section 497, I. P.C. the wife will not be guilty of the offence of adultery under Section 497, I. P.C. This itself shows that the narrow definition of adultery in Section 497, I. P.C. cannot be applied to the interpretation of the terms of Section 22 of the Indian 'Divorce Act, 1869. Further, the principle underlying the ... dissolution of her marriage with her husband (under Section 10 of the Indian Divorce Act, 1869) on the ground that he was guilty of adultery coupled with cruelty, and adultery coupled with desertion, without reasonable excuse, for two years or more. The trial Court accepted her case, passed a decree and made a reference under Section 17 to the High Court for confirmation of ... the interpretation of the terms of Section 22 of the Indian 'Divorce Act, 1869. Further, the principle underlying the relief of judicial separation on the ground of adultery of the spouse, namely, violation of the marriage bed, makes it immaterial whether the woman with whom the husband has sexual relationship is a married woman or not. The offence under Section 497, I. P.C. ...

Mar 06 1969

Dina Dinshaw Merchant Vs. Dinshaw Ardeshir Merchant

  • Decided on : 06-Mar-1969

Court : Mumbai

Reported in : AIR1970Bom341; (1970)72BOMLR41; ILR1969Bom1043; 1970MhLJ286

... in connection with this submission it first requires to be noticed that the Parsi Marriage and Divorce Act is special law and enacts procedure for decision of matrimonial disputes. Including the question of divorce amongst the Parsis. Admittedly the Act clearly provides by Section 46 that in suits under this Act all questions of law and procedure shall be determined by the presiding Judge; but ... Banaji has submitted that under Section 47 of the Parsi Marriage and Divorce Act, we have jurisdiction to substitute our own findings to the above effect in the place of the findings of the Delegates. That section runs as follows:'Section 47. An appeal shall lie to the High Court from-- (a) the decision of any Court established under this Act, whether a Chief Matrimonial ... , J.1. This is the defendant's appeal against the decree for divorce made against her on January 20, 1968, in Parsi Matrimonial Suit No. 33 of 1963. The suit was tried by Mr. Justice Kanta Wala with the assistance of Delegates under the Parsi Marriage and Divorce Act, 1936. The Delegates found that the defendant was guilty of constructive desertion ... Divorce Act, 1936. The Delegates found that the defendant was guilty of constructive desertion of the plaintiff without lawful cause and against his wishes for a period of over three years. The learned Judge accordingly passed the above decree. In view of the decree, he dismissed the counterclaim made by the defendant for judicial separation. In view of the decree for divorce ...

Sep 09 2005

Sayeed Khan Faujdar Khan Vs. Zaheba Begum

  • Decided on : 09-Sep-2005

Court : Mumbai

Reported in : AIR2006Bom39; II(2006)DMC294

... Section 3 of the Muslim Women (Protection of Rights on Divorce) Act (25 of 1986). The Courts below committed an error in entertaining and allowing the application of the respondent under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act (25 of 1986). In the circumstances of the case, the respondent's application under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act ... petitions under Article 32 and 226 of Constitution of India.10. In my humble view those cases would have no application to the present case because in the present case, there was no Judgment on merits. The matter was settled between and Joint Pursis (Exh. 20) was filed on the basis of which the application under Section 125 of the ... application under Section 125 of the Code of Criminal Procedure created an estoppel against the respondent to move application under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act (25 of 1986). The Courts below committed an error in entertaining and allowing the application of the respondent under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act (25 of ... under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act (25 of 1986). In the circumstances of the case, the respondent's application under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act (25 of 1986) is nothing but an abuse of the process of the Court which necessitates invoking the inherent powers of this Court under Section 482 ...

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