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Judgment Search Results Home > Cases Phrase: divorce act Page 1 of about 64,580 results (0.137 seconds)

Apr 01 2002 (HC)

Suo Motu Reference in the Matter of Divorce Act

Court : Kerala

Reported in : II(2002)DMC753

..... absolute at the first instance itself while the high court can only pronounce a decree nisi at the first instance under section 16 of the divorce act, which has to be made absolute after the expiry of sixmonths from the date of decree, will it be appropriate to relegate the ..... should be transferred to the concerned family courts/district courts for being dealt with in accordance with law?' all original petitions under the indian divorce act pending in the high court on 3.10.2001, at stages prior to decree nisi should forthwith be transferred to the appropriate family court/district ..... are in existence, and in other areas with the district courts.point no. 3: 'if there is exclusion, how the petitions under the indian divorce act in which decree nisis have been passed by the high court should be dealt with'? in matters where decrees nisi have been passed by the ..... for this purpose and brought into force from 3rd october, 2001.3. the amending act of 2001 has changed the title of the act from 'indian divorce act' to 'divorce act'. prior to the coming into force of this amending act, the high court and the district court had concurrent jurisdiction to entertain petitions for dissolution ..... regard to the matters pending for confirmation by the high court in which decrees were passed prior to 3.10.2001 ?'2. the indian divorce act, 1869 was enacted to amend the law relating to persons professing the christian religion and confer upon certain courts the jurisdiction on matrimonial matters. .....

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Feb 05 2001 (HC)

Shahanazbegum Kadarbasha Shaikh and anr. Vs. Kadarbasha Usman Shaikh a ...

Court : Mumbai

Reported in : 2001(5)BomCR401; 2001CriLJ1215; I(2002)DMC375

..... be six permutations and combinations possible of the chain of these three events as under :------------------------------------------------------------------------------------------'o' order'a' the muslim women (protection of rights on divorce)act 1986, coming into force.'d' divorce.----------------------------------------------------------------------------------------(1) o a d(2) o d a(3) d o a(4) d a o(5) a d o(6) a o d----------------------------------------------------------------------------------------- ..... on 5-2-1990. the talaknama was reduced into writing. therefore, after commencement of the muslim women (protection of rights on divorce) act, 1986 (for the sake of brevity, hereinafter, referred to as the 'act of 1986') he was not liable to pay the maintenance to the wife and the son. therefore, he had prayed for cancellation ..... powers under section 482 of the code of criminal procedure. it is contended that the courts below erred in holding that the husband has divorced the wife and that provisions of the act of 1986 are not properly appreciated. in fact, it is also contended that the court below ought not to have ignored the provisions of ..... the wife in this category has obtained order of maintenance in the capacity of wife while marriage is subsisting. the act of 1986 has come into force thereafter. the divorce having followed coming into existence of the act of 1986 and the husband having applied under section 127 of the code by criminal application no. 242 of 1990 .....

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Jul 09 1981 (HC)

Ka Dymmiew Silty Giri Vs. U. Moonly Passah

Court : Guwahati

..... by the house of lords should provide the principle of rule which indian court should apply to cases governed by the indian divorce act and the standard of proof in divorce cases would, therefore, be such that if the judge is satisfied beyond reasonable doubt as to the commission of the matrimonial ..... noticed certain shortfalls in the proceedings which cannot be overlooked. to obtain relief under the divorce act, 1869, for short, 'the act', the conditions set out in the provisions of 'the act' must be strictly complied by the parties. the act is applicable to the partie? who profess christian religion. however, if one of the ..... with approval the observations of lord mac dermott in preston jones v. preston jones, (1951) ac 391 at page 417, 'the jurisdiction in divorce involves the status of the parties and the public interest requires that the marriage bond shall not be set aside lightly or without strict enquiry. the ..... a valid marriage, vide halsbury's laws of england 3rd ed. vol. 12 pp. 235, 236. 2. what is the standard of proof in a divorce proceeding? the expression 'satisfied on the evidence' came up for consideration before the supreme court in e.j. tahite v. mrs. k.o white air ..... offences. it has been ruled that matrimonial jurisdiction and criminal jurisdiction are distinct and separate; but the terms of section 14 of 'the act' make it .....

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Oct 05 1994 (HC)

Banu and anr. Vs. KutubuddIn Sulemanji Vimanwala

Court : Mumbai

Reported in : II(1995)DMC390

..... under any such law.' the learned counsel for the defendant mr. muchala argued that this subsection applies only to those matrimonial disputes which are filed under special acts like, hindu marriage act, indian divorce act, parsi marriage act. in my view on the bare reading of the above provision, it is not possible to accept the argument urged on behalf of the defendant. the above ..... mohd. ahmed khan v. shah bano, case reported in : 1985crilj875 . in order to get over the effect of that judgment, the parliament passed the muslim women (protection of rights on divorce) act, 1986. in order to see the intention of the legislature one of the principles is to find out the object for which the law was enacted and the statement of ..... , 15.7.1984. then after talaq, she is entitled for maintenance only for three months iddat period as per the new law namely, the muslim women (protection of rights on divorce) act, 1986 and even then the claim for maintenance of those three months will have to be recovered by filing an application before the magistrate. hence this court is not concerned ..... ) has similar provision but limited to only cases under the indian divorce act. section 29(3) of the indian limitation act, 1908 reads as follows :'nothing in this act shall apply to the suit under the indian divorce act.' therefore, the only exception made in the 1908 act was only regarding cases filed under the indian divorce act. it did not apply to any other matrimonial disputes. therefore, all .....

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Oct 09 1996 (HC)

Youth Welfare Federation Rep. by Its Chairman, K.J. Prasad Vs. Union o ...

Court : Andhra Pradesh

Reported in : 1996(4)ALT1138

..... with the backdrop of the concept and the legal implications supra, we are to test in the first instance what kind of law the indian divorce act (the act) is. that it is a 'law' of any category cannot be but beyond the pale of doubt whether to bring it within the ..... such law is altered by common usage or custom or is modified or abrogated by the statute. the validity of madras hindu (bigamy prevention and divorce) act, 1949 (act 6 of 1949) was discussed by the madras high court in srinivasa aiyar v. saraswathi ammal, : air1952mad193 in the context of its being ultra ..... .'justice s.k. mookherjee felt that the in-depth consideration by the parliament or appropriate state legislature of the procedural provisions of the indian divorce act for introduction of amending provisions is necessary though he did not want to express any opinion on the other questions. justice ajit kumar nayak ..... its counter affidavit had stated that the law commission had made recommendation in its 90th report for making changes in section 10 of the indian divorce act, but that the government had not taken any decision about the recommendation. the court directed the union of india to take decision, within six ..... by a division bench as 'this case raises very important questions touching the personal law of the christians as contained in 1 he indian divorce act.' the learned judge also felt that it is appropriate for the court to hear representations of organisations of the christian community including of women .....

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Jul 19 2002 (HC)

Khatunbai @ Mehraj Bi Vs. Gani Khan

Court : Madhya Pradesh

Reported in : 2002(4)MPHT180

..... the facts and circumstances of the case. in this judgment the supreme court has considered whether provisions of sections 3 and 4 of the muslim women (protection of rights on divorce) act are constitutionally valid under articles 14, 15 and 12 of the constitution of india. counsel for the applicant and non-applicant have also relied on number of decisions as mentioned ..... 1-5-1998 and thereafter, for 3 months iddat period at the rate of rs. 2000/- per month, as per the provisions under muslim women (protection of rights on divorce) act, 1986. this order impugned before this court is under challenge.6. learned counsel mr. c.l. yadav, for the applicant has submitted that the non-applicant/husband failed to ..... husband. section 2(a) of (the) muslim women (protection of rights on divorce) act, 1986 is defined as under:--'2, definition.-- in this act, unless the context otherwise requires-- (a) 'divorced woman' means a muslim woman who married according to muslim law, and has been divorced by or has obtained divorce from her husband in accordance with muslim law.' 8. in the present case applicant ..... applicant/wife in accordance with the muslim law. the learned counsel relied on definition of 'divorced woman' in section 2 of (the) muslim women (protection of rights on divorce) act, 1986 (hereinafter referred to as 'muslim woman act') as well as decisions reported in mumtazben jasabbhai sipahi v. mahebubkhan usmankhan pathan (1999 cr.lj 888); and judgments rendered by the supreme court in .....

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Aug 10 1965 (HC)

Mrs. Hazel Arnone Vs. George Thomas Robert Arnone and anr.

Court : Kerala

Reported in : AIR1966Ker34

..... 'should be applied no less strictly in matrimonial cases'. 1 wonder if alfidavit evidence is undesirable in matrimonial cases wherelse can the enunciation in section 51 of the indian divorce act be operative at all. their lordships think 'the state is vitally concerned in the institution of marriage and insists on strict proof and a close investigation before it will ..... most emphatically that ......it is altogether undesirable..... .to acceptevidence as affidavit especially evidence of the petitioner. as the expression 'parties' in the proviso to section 51 of the indian divorce act must necessarily include the petitioner, the above direction of the learned judge is nothing hut a condemnation of the wisdom in the enacted law. in england, the judges could impose ..... respective cases in whole bv affidavit. it is unfortunate that this aspect had been overlooked by many of the english judges who came lo exercise jurisdiction under the indiant divorce act in the high courts in india --probably on account of their earlier training under the english rules of practice. that appears to be evident from the following observation of ..... . a special bench of that court consisting of pollock, vivian bose and digby, jj. said:'in our opinion, an important question of principle is involved here. section 17, divorce act, provides that statements in the petition which have been duly verified may be referred to as evidence at the bearing, and theproviso to section 51 stales that 'the parties shall .....

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Feb 24 1995 (HC)

Ammini E.J. and Etc. Vs. Union of India (Uoi) and ors.

Court : Kerala

Reported in : AIR1995Ker252

..... be discriminatory on the ground of sex alone and thus to be ultra vires art. 15 of the constitution countermanding any discrimination on such ground..... then again, under the divorce act, christian spouses are not entitled to dissolution of marriage on the ground of cruelty or desertion, but are only entitled to judicial separation under section 22 which shall have ..... values.' and went on the make the following observations about the discriminatory nature of the provisions in the indian divorce act in the same tone: 'the indian divorce act, 1869 and the churistian marriage act, 1872 are dated survivals with an anti-woman slant. the divorce act directs free india's courts to apply english matrimonial law -- at once an affront to indian christian dignity ..... reasons stated by the law commission of india for recommending the acceptance of irretriveable break down of marriage as a ground fordivorce in hindu marriage and divorce act. in fact, the basis on which divorce has been allowed in the case of people belonging to all other religions in india as per the respective enactments applicable to them and even among ..... , amend and codify the law relating to marriage and matrimonial causes of persons professing the christian religion and to repeal the indian divorce act, 1869 and indian -christian marriage act, 1872, among other things. the grounds for divorce proposed in the aforesaid bill are more liberal in nature in tune with the changed social-economic conditions of the community and the .....

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Feb 24 1995 (HC)

Mary Sonia Zachariah Vs. Union of India (Uoi) and ors.

Court : Kerala

Reported in : II(1995)DMC27

..... be discriminatory on the ground of sex alone and thus to be ultra vires article 15 of the constitution countermanding any discrimination on such ground.................then again, under the divorce act, christian spouses are not entitled to dissolution of marriage on the ground of cruelty or desertion, but are only entitled to judicial separation under section 22 which shall have ..... and went on to make the following observations about the discriminatory nature of the provisions in the india divorce act in the same tone:'the indian divorce act, 1869 and the christian marriage act, 1872 are dated survivals with an anti-woman slant. the divorce act directs free india's courts to apply english matrimonial law at--once an affront to indian christian dignity and ..... of the reasons stated by the law commission of india for recommending the acceptance of irretrievable break down of marriage as a ground for divorce in hindu marriage and divorce act. in fact, the basis on which divorce has been allowed in the case of people belonging to all other religious in india as per the respective enactments applicable to them and ..... , amend and codifty the law relating to marriage and matrimonial causes of persons professing the christian religion and to repeal the indian divorce act, 1869 and indian christian marriage act, 1872, among other things. the grounds for divorce proposed in the aforesaid bill are more liberal in nature in tune with the changed social-economic conditions of the community and the .....

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Oct 03 1996 (HC)

Capt. Suprabha Joel Gaikwad Vs. Dr. Joel Soloman Gaikwad

Court : Mumbai

Reported in : AIR1997Bom171; 1997(2)BomCR403; I(1997)DMC306

..... in that petition, and the said decree passed by the district court has also come up before us for confirmation as required under section 20 of indian divorce act, 1869.5. we will first deal with first appeal no. 72 of 1992. in this case, it appears that the family court, while deciding the ..... the respondent was consummated and, therefore, held that the appellant is not entitled to get the decree of nullity under sections 18 and 19 of indian divorce act, 1869. it is this judgment and decree passed by the family court, which is the subject-matter of this first appeal before use.4. at ..... judgment and decree, the family court at pune dismissed the petition filed by the appellant-wife for dissolution of marriage under sections 18 and 19 of indian divorce act, 1869, more particularly, on the ground that the respondent-husband was impotent at the time of marriage and at the time of institution of the ..... appellant-wife and in view of the marriage being earlier in point of time, there is no need to confirm the decree of divorce under section 20 of the indian divorce act, 1869, as granted by the district court on the ground of adultery on the part of the appellant-wife. hence, taking an ..... husband also filed marriage petition no. 1 of 1992 before the district court, pune. the said petition was filed by the respondent-husband for divorce under section 10 of indian divorce act, 1869 i.e. on the ground that the appellant-wife was guilty of incestuous adultery with respondent no. 2 in that petition viz. .....

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