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Home Bare Acts Phrase: administrative dissolutionBombay Hindu Divorce (Decrees Validation) Act, 1958, (Maharashtra) Preamble
Title: the Bombay Hindu Divorce (Decrees Validation) Act, 1958
State: Maharashtra
Year: 1958
.....for a continuous period of 4 years before the commencement of the Hindu Marriage Act, 1955, filed suits for divorce under one or other of those Acts, read with sections 29 and 30 of the Central Hindu Marriage Act; and it appears that divorces in certain cases were actually granted. Subsequently in Sitabai Ramchandra v. Ramchandra Raghunath Todankar, Appeal No. 94/1956, a Full Bench of the Bombay High Court decided that any right which may have accrued to obtain a divorce for desertion under the Bombay Hindu Divorce Act, 1947, could not be prosecuted after the repeal of the Act by the Hindu Marriage Act, 1955, as such desertion must be continuous until the filing of the suit. After the commencement of the Central Act a suit for divorce could be filed only under that Act. Consequently, divorces granted were illegal. The High Court suggested that as a considerable number of such divorces may have been granted by the Courts erroneously, the State Government should take action to validate them by legislation. This Act gives effect to this suggestion of the High Court. As the Saurashtra Hindu Divorce Act, 1952, follows subsequently the Bombay Act, divorces granted in similar.....
View Complete Act List Judgments citing this sectionParsi Marriage and Divorce Act, 1936 Section 32
Title: Grounds for Divorce
State: Central
Year: 1936
.....the plaintiff: Provided that divorce shall not be granted on this ground, unless (1) the plaintiff was at the time of the marriage ignorant of the fact alleged, (2) the suit has been filed within two years of the date of marriage, and (3) marital intercourse has not taken place after the plaintiff came to know of the fact; (d) that the defendant has since the marriage committed adultery or fornication or bigamy or rape or an unnatural offence: Provided that divorce shall not be granted on this ground if the suit has been filed more than two years after the plaintiff came to know of the fact; 1[(dd) that the different has since the solemnization of the marriage treated the plaintiff with cruelty or has behaved in such a way as to render it in the judgement of the Court improper to compel the plaintiff to live with the different: Provided that in every suit for divorce on this ground it shall be in the discretion of the Court whether it should grant a decree for divorce or for judicial separation only;] (e) that the defendant has since the marriage voluntarily caused grievous hurt to the plaintiff or has infected the plaintiff with venereal disease or, where the.....
View Complete Act List Judgments citing this sectionParsi Marriage and Divorce Act, 1936 Amending Act 1
Title: Parsi Marriage and Divorce (Amendment) Act, 1988
State: Central
Year: 1936
.....Gazette, appoint. 2. Amendment of section 3- In the Parsi Marriage and Divorce Act, 1936 (3 of 1936) (hereinafter referred to as the principal Act), section 3 shall be re-numbered as sub-section (1) thereof, and -- (a) in sub-section (1) as so re-numbered, for clause (c), the following clause shall be substituted, namely :-- "(c) in the case of any Parsi (whether such Parsi has changed his or her religion or domicile or not) who, if a male, has not completed twenty-one years of age, fund if a female, has not completed eighteen years of age."; (b) after sub-section (1) as so re-numbered, the following sub-section shall be inserted, namely :-- "(2) Notwithstanding that a marriage is invalid under any of the provisions of sub-section (1), any child of such marriage who would have been legitimate if the marriage had been valid, shall be legitimate.". 3. Amendment of section 6- In section 6 of the principal Act, the words ", or their fathers or guardians when they shall not have completed the age of twenty-one years," shall be omitted. 4. Amendment of sections 19 and 20- In sections 19 and 20 of the principal Act, for the words "by seven delegates", the following.....
View Complete Act List Judgments citing this sectionDivorce Act, 1869 Chapter 3
Title: Dissolution of Marriage
State: Central
Year: 1869
..... Upon any such petition for the dissolution of a marriage, the Court shall satisfy itself, so far as it reasonably can, not only as to the facts alleged, but also whether or not the petitioner has been in any manner accessory to, or conniving at, the going through of the said form of marriage, or the adultery, or has condoned the same, and shall also enquire into any countercharge which may be made against the petitioner. Section 13 - Dismissal of petition In case the Court, on the evidence in relation to any such petition, is satisfied that the petitioner's case has not been proved, or is not satisfied that the alleged adultery has been committed, or finds that the petitioner has, during the marriage, been accessory to, or conniving at, the going through of the said form of marriage, or the adultery of the other party to the marriage, or has condoned the adultery complained of, or that the petition is presented or proseculed in collusion wilh either of the respondents, then, and in any of the said cases the Court shall dismiss the petition. 1 [***] ______________________ 1. Last paragraph omitted by Act 51 of 2001, section 8 (w.e.f. 3-10-2001). .....
View Complete Act List Judgments citing this sectionDivorce Act, 1869 Complete Act
Title: Divorce Act, 1869
State: Central
Year: 1869
Preamble1 - DIVORCE ACT, 1869 Chapter 1 Section1 - Short title, commencement of the Act Section2 - Extent of Act Section3 - Interpretation-clause Chapter 2 Section4 - Matrimonial jurisdiction of High Courts to be exercised subject to Act-Exception Section5 - Enforcement of decrees or orders made heretofore by Supreme Court or High Court Section6 - Pending suits Section7 - Court to act on principles of English Divorce Court(Repealed) Section8 - Extraordinary jurisdiction of High Court Section9 - Reference to High Court Chapter 3 Section10 - Grounds for dissolution of marriage Section10A - Dissolution of marriage by mutual consent Section11 - Adulterer or adulteress to be co-respondent Section12 - Court to be satisfied of absence of collusion Section13 - Dismissal of petition Section14 - Power to court to pronounce decree for dissolving marriage Section15 - Relief in case of opposition on certain grounds Section16 - Decrees for dissolution to be nisi Section17 - Power of High Court to remove certain suits Section17A - Appointment of officer to exercise duties of King's Proctor (Repealed) Chapter 4 Section18 - Petition for decree of nullity Section19 - Grounds of.....
List Judgments citing this sectionParsi Marriage and Divorce Act, 1936 Complete Act
Title: Parsi Marriage and Divorce Act, 1936
State: Central
Year: 1936
..... Section39 - Alimony pendente lite Section40 - Permanent alimony and maintenance Section41 - Payment of alimony to wife or to her trustee Section42 - Disposal of joint property Section43 - Suits to heard in camera and may not be printed or published Section44 - Validity of trial Section45 - Provisions of civil procedure code to apply to suits under the Act Section46 - Determination of questions of law and procedure and of fact Section47 - Appeal to High court Section48 - Liberty to parties to marry again Part V Section49 - Custody of children Section50 - Settlement of wifes property for benefit of children Part VI Section51 - Superintendence of High court Section52 - Applicability of provisions of the Act Section53 - Repeal ScheduleI - SCHEDULE ScheduleII - SCHEDULE Amending Act1 - PARSI MARRIAGE AND DIVORCE (AMENDMENT) ACT, 1988 Amending Act2 - MARRIAGE LAWS (AMENDMENT) ACT, 2001
List Judgments citing this sectionParsi Marriage and Divorce Act, 1936 Section 32A
Title: Non-resumption of Cohabitation or Restitution of Conjugal Rights Within One Year in Pursuance of a Decree to Be Ground for Divorce
State: Central
Year: 1936
.....upwards after the passing of a decree for judicial separation in a proceeding to which they were parties; or (ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties. (2) No decree for divorce shall be granted under sub-section (1) if the plaintiff has failed or neglected to comply with an order for maintenance passed against him under section 40 of this Act or section 488 of the Code of Criminal Procedure, 1898 (5of 1898) or section 125 of the Code of Criminal Procedure, 1973 (2 of 1974). ________________________ 1. Inserted by the Marriage and Divorce (Amendment) Act, 1988, w.e.f. 15-04-1988.
View Complete Act List Judgments citing this sectionCONVERTS' MARRIAGE DISSOLUTION ACT, 1866 Preamble 1
Title: CONVERTS MARRIAGE DISSOLUTION ACT, 1866
State: Central
Year: 1866
THE CONVERTS MARRIAGE DISSOLUTION ACT, 1866 [Act, No. 21 of 1866] {The Act has not been extended to the State of Manipur, vice Act, 30 of 1950, section 3(2) and Schedule} [2nd April, 1866] PREAMBLE An Act to legalize, under certain circumstances, the dissolution of marriages {The word native omitted by the A.O.1950.} of Converts to Christianity. WHEREAS it is expedient to legalize, under certain circumstances, the dissolution of marriages of { The word " Native" omitted by the A.O.1950.} Converts to Christianity deserted or repudiated on religious grounds by their wives or husbands; It is enacted as follows:--
View Complete Act List Judgments citing this sectionParsi Marriage and Divorce Act, 1936 Preamble 1
Title: Parsi Marriage and Divorce Act, 1936
State: Central
Year: 1936
THE PARSI MARRIAGE AND DIVORCE ACT, 1936 [Act, No. 3 of 1936] [23rd April, 1936] PREAMBLE An Act to amend the law relating to marriage and divorce among Parsis. WHEREAS it is expedient to amend the law relating to marriage and divorce among Parsis; It is hereby enacted as follows:
View Complete Act List Judgments citing this sectionDissolution of Muslim Marriages Act, 1939 Preamble 1
Title: Dissolution of Muslim Marriages Act, 1939
State: Central
Year: 1939
THE DISSOLUTION OF MUSLIM MARRIAGES ACT, 1939 [Act, No. 8 of 1939] 1 PREAMBLE An Act to consolidate and clarify the provisions of Muslim law relating to suits for dissolution of marriage by women married under Muslim law and to remove doubts as to the effect of the renunciation of Islam by a married Muslim woman on her marriage tie Whereas it is expedient to consolidate and clarify the provisions of Muslim law relating to suits for dissolution of marriage by women married under Muslim law and to remove doubts as to the effect of the renunciation of Islam by a married Muslim woman on her marriage tie. It is hereby enacted as follows: Interpretation of statutes It is settled rule of interpretation that where two provisions operate on one field, both have to be allowed to have their play, unless such operation would result in patent inconsistency or absurdity.2 ____________________________ 1. Received assent of the Governor-General on the 17th March, 1939. 2. Director Genera, C.S.I.R. v. Dr. K. Narayanaswami, A.I.R. 1995 S.C. 2318 at p. 2320.
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