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Search Results Judgments > Act: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 ...

Sep 04 1908

Meherbai Vs. Hormasji N. Motivala

  • Decided on : 04-Sep-1908

Court : Mumbai

Reported in : (1908)10BOMLR1019

... separation is not mentioned in Section 32 of the Parsi Marriage and Divorce Act (XV of 1865) among the legal grounds which are specified as disentitling the petitioner to a decree. It is argued that as Section 31 of the English Matrimonial Causes Act (20 & 21 Vic. c. 85), from which the language of Section 32 of the Parsi Marriage and Divorce Act appears to have been ... that a petitioner suing for divorce under the latter Act should not be nonsuited merely on the ground of his or her adultery during the marriage. But Section 32 of the Parsi Act is not, whereas the corresponding sections of the English Act are, exhaustive. The latter specifies all the legal grounds on which a petitioner suing for divorce shall or may be nonsuited. ... the Parsi Act studiously omits to include such adultery among those grounds, the plain inference is that the Indian Legislature intended that a petitioner suing for divorce under the latter Act should not be nonsuited merely on the ground of his or her adultery during the marriage. But Section 32 of the Parsi Act is not, whereas the corresponding sections of the English Act are, exhaustive ... 's suit for divorce, because the adultery of a petitioner suing for dissolution of marriage or judicial separation is not mentioned in Section 32 of the Parsi Marriage and Divorce Act (XV of 1865) among the legal grounds which are specified as disentitling the petitioner to a decree. It is argued that as Section 31 of the English Matrimonial Causes Act (20 & 21 Vic ...

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 ...

Sep 21 1998

Mr 'X' Vs. Hospital 'Z'

  • Decided on : 21-Sep-1998

Court : Supreme Court of India

Reported in : AIR1999SC495; JT1998(7)SC626; 1998(6)SCALE230; 1999(1)LC232(SC)

... her marriage. 33. Under the Parsi Marriage and Divorce Act, 1936, one of the grounds for divorce set out in Section 32 is that the defendant has, since the marriage, infected the plaintiff with venereal disease. 34. Under the Indian Divorce Act, 1869, the grounds for dissolution of a marriage have been set out in Section 10 which provides that a wife may petition ... Section 32 is that the defendant has, since the marriage, infected the plaintiff with venereal disease. 34. Under the Indian Divorce Act, 1869, the grounds for dissolution of a marriage have been set out in Section 10 which provides that a wife may petition for dissolution if her husband was guilty of incestuous adultery, bigamy with adultery or of rape, sodomy or bestiality. 35. Under Section ... Divorce Act, 1869, the grounds for dissolution of a marriage have been set out in Section 10 which provides that a wife may petition for dissolution if her husband was guilty of incestuous adultery, bigamy with adultery or of rape, sodomy or bestiality. 35. Under Section 27 of the Special Marriage Act, the party to a marriage has been given the right to obtain divorce ... 32. So also Section 2 of the Dissolution of Muslim Marriage Act, 1939 sets out that if the husband is suffering from a virulent venereal disease, a woman married under Muslim Law to such person shall be entitled to obtain a decree for dissolution of her marriage. 33. Under the Parsi Marriage and Divorce Act, 1936, one of the grounds for divorce set out in Section 32 ...

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 ...

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. ...

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 ...

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 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 ...

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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