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Start Free TrialBombay 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 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 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 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 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 sectionDivorce Act, 1869 Preamble 1
Title: Divorce Act, 1869
State: Central
Year: 1869
THE INDIAN DIVORCE ACT, 18691 [Act, No. 4 of 1869] [26th February, 1869] PREAMBLE An Act to amend the law relating to Divorce and Matrimonial Causes 2 [* * *] Whereas it is expedient to amend the law relating to the divorce of persons professing the Cristian religion, and to confer upon certain Courts jurisdiction in matters matrimonial; it is hereby enacted as follows:- ______________________ 1. For Statement of Objects and Reasons, see Calcutta Gazette, 1863, Page 173; for Report of Select Committee, see Gazette of India, 1869, Page 192; for Proceedings in Council, see Calcutta Gazette 1862, Supplement, Page 463, Calcutta Gazette, 1863, Supplement, Page 43, and Gazette of India, 1869, Supplement, Page 291. 2. The words "in India " Omitted by Act 3 of 1951, section 3 and Schedule.
View Complete Act List Judgments citing this sectionParsi Marriage and Divorce Act, 1936 Section 32B
Title: Divorce by Mutual Consent
State: Central
Year: 1936
(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 have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved: Provided that no suit under this sub-section shall be filed unless at the date of the filing of the suit one year has lapsed since the date of the marriage. (2) The Court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized under this Act and the averments in the plaint are true and that the consent of either party to the suit was not obtained by force or fraud, pass a decree declaring the marriage to be dissolved with effect from the date of the decree.]
View Complete Act List Judgments citing this sectionMuslim Women (Protection of Rights on Divorce) Act, 1986 Preamble 1
Title: Muslim Women (Protection of Rights on Divorce) Act, 1986
State: Central
Year: 1986
THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON DIVORCE) ACT, 19861 [Act, No. 25 of 1986] PREAMBLE An Act to protect the rights of Muslim women who have been divorced by, or have obtained divorce from their husbands and to provide for matters connected therewith, or incidental thereto. BE it enacted by Parliament in the Thirty-seventh year of the Republic of India as follows:-- ________________________ 1. The Act received the assent of the President of India on May 19, 1986 and was published in the Gazette of India Extra-Ord., Part II, Sec. 1.
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