Bare Act Search Results

Parsi Marriage and Divorce Act, 1936 Part IV

Title: Matrimonial Suits

State: Central

Year: 1936

.....Section 2.] [(3) Where an order for alimony or maintenance in favour of awife has been made either under the provisions of the [Repealed by this Act.] Parsi Marriage and Divorce Act, 1865, (15 of 1865) or under the provisions of this Act, the Court, if satisfied that the wife has remarried or has not remained chaste, shall vary or rescind the order.]" by the Parsi Marriage and Divorce Act, 1988, w.e.f. 15-04-1988. 2. Inserted by The Marriage Laws (Amendment) Act 2001 w.e.f. 24.09.2001 Section 40 - Permanent alimony and maintenance 1 [40. Permanent alimony and maintenance.- (1) Any Court exercising jurisdiction under this Act may at the time of passing any decree or at any time subsequent thereto, on an application made to it or the purpose by either the wife or the husband, order that the defendant shall pay to the plaintiff for her or his maintenance and support, such gross sum or such monthly or periodical sum, for a term not exceeding the life of the plaintiff as having regard to the defendant's own income and other property, if any, the income and other property of the plaintiff, the conduct of the parties and other circumstances of the case, it may seem to the.....

Parsi Marriage and Divorce Act, 1936 Section 40

Title: Permanent Alimony and Maintenance

State: Central

Year: 1936

.....for the purpose, order that the husband shall [Ins by Act 14 of 1940, Section 2.] [while the wife remains chaste and unmarried], (a) to the satisfaction of the Court, secure to the wife [The words " while she remains chaste and unmarried " omitted by Act 14 of 1940, Section 2.] such gross sum or such monthly or periodical payment of money for a term not exceeding her life as, having regard to her own property, if any, her husband's ability and the conduct of the parties, shall be deemed just, and for that purpose may require a proper instrument to be executed by all necessary parties and suspend the pronouncing of its decree until such instruments shall have been duly executed, or (b) make such monthly payments to the wife for her maintenance and support as the Court may think reasonable. (2) In case any such order shall not be obeyed by her husband it may be enforced in the manner provided for the execution of decrees and orders under the Code of Civil Procedure, 1908, (5 of 1908) and further the husband may be sued by any person supplying the wife with necessaries during the time of such disobedience for the price of such necessaries. (3) The Court, if satisfied that.....

Parsi Marriage and Divorce Act, 1936 Section 39

Title: Alimony Pendente Lite

State: Central

Year: 1936

.....for the purpose, order that the husband shall [Ins by Act 14 of 1940, Section 2.] [while the wife remains chaste and unmarried], (a) to the satisfaction of the Court, secure to the wife [The words " while she remains chaste and unmarried " omitted by Act 14 of 1940, Section 2.] such gross sum or such monthly or periodical payment of money for a term not exceeding her life as, having regard to her own property, if any, her husband's ability and the conduct of the parties, shall be deemed just, and for that purpose may require a proper instrument to be executed by all necessary parties and suspend the pronouncing of its decree until such instruments shall have been duly executed, or (b) make such monthly payments to the wife for her maintenance and support as the Court may think reasonable. (2) In case any such order shall not be obeyed by her husband it may be enforced in the manner provided for the execution of decrees and orders under the Code of Civil Procedure, 1908, (5 of 1908) and further the husband may be sued by any person supplying the wife with necessaries during the time of such disobedience for the price of such necessaries. (3) The Court, if satisfied that.....

Hindu Marriage Act, 1955 Chapter 5

Title: Jurisdiction and Procedure

State: Central

Year: 1955

.....* *] in clause (i) of sub-section (1) of section 13, the petitioner has not in any manner been accessory to or connived at or condoned the act or acts complained of, or where the ground of the petition is cruelty the petitioner has not in any manner condoned the cruelty, and 1[(bb) when a divorce is sought on the ground of mutual consent, such consent has not been obtained by force, fraud or undue influence, and] (c)3[the petition (not being a petition presented under section 11)] is not presented or prosecuted in collusion with the respondent, and (d) there has not been any unnecessary or improper delay in instituting the proceeding, and (e) there is no other legal ground why relief should not be granted, then, and in such a case, but not otherwise, the court shall decree such relief accordingly. (2) Before proceeding to grant any relief under this Act, it shall be the duty of the court in the first instance, in every case where it is possible so to do consistently with the nature and circumstances of the case, to make every endeavour to bring about a reconciliation between the parties: 1[Pr ovided that nothing contained in this sub-section shall apply to.....

Hindu Marriage Act, 1955 Section 25

Title: Permanent Alimony and Maintenance

State: Central

Year: 1955

.....is satisfied that there is a change in the circumstances of either party at any time after it has made an order under sub-section (1), it may, at the instance of either party, vary, modify or rescind any such order in such manner as the court may deem just. (3) If the court is satisfied that the party in whose favour an order has been made under this section has re-married or, if such party is the wife, that she has not remained chaste, or, if such party is the husband, that he has had sexual intercourse with any woman outside wedlock, 3 [it may at the instance of the other party vary, modify or rescind any such order in such manner as the court may deem just]. __________________________ 1. The words "while the applicant remains unmarried" omitted by Act 68 of 1976, section 18 (w.e.f. 27-5-1976). 2. Substituted by Act 68 of 1976, section 18, for "and the conduct of the parties" (w.e.f. 27-5-1976). 3. Substituted by Act 68 of 1976, section 18, for "it shall rescind the order" (w.e.f. 27-5-1976).

Parsi 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.....

Special Marriage Act, 1954 Chapter VII

Title: Jurisdiction and Procedure

State: Central

Year: 1954

.....Court to make rules regulating procedure (1) The High Court shall, by notification in the Official Gazette, make such rules consistent with the provisions contained in this Act and the Code of Civil Procedure, 1908 (5 of 1908), as it may consider expedient for the purpose of carrying into effect the provisions of Chapters V, VI and VII. (2) In particular, and without prejudice to the generality of the foregoing provision, such rules shall provide for,-- (a) the impleading by the petitioner of the adulterer as a co-respondent on a petition for divorce on the ground of adultery, and the circumstances in which the petitioner may be execused from doing so; (b) the awarding of damages against any such co-espondent; (c) the intervention in any proceeding under Chapter V or Chapter VI by any person not already a party thereto; (d) the form and contents of petitions for nullity of marriage or for divorce and the payment of costs incurred by parties to such petitions; and (e) any other matter for which no provision or no sufficient provision is made in this Act, and for which provision is made in the Indian Divorce Act, 1869 (4 of 1869).

Special Marriage Act, 1954 Section 37

Title: Permanent Alimony and Maintenance

State: Central

Year: 1954

.....and other circumstances of the case], it may seem to the court to be just. (2) If the district court is satisfied that there is a change in the circumstances of either party at any time after it has made an order under sub-section (1), it may, at the instance of either party, vary, modify or rescind any such order in such manner as it may seem to the court to be just. (3) If the district court is satisfied that the wife in whose favour an order has been made under this section has re-married or is not leading a chaste life,2 [it may, at the instance of the husband vary, modify or rescind any such order and in such manner as the court may deem just.] ________________________ 1.Substituted by Act 68 of 1976,Section 36, for "and the conduct of the parties"(w.e.f. 27-5-1976). 2.Substituted by Act 68 of 1976,Section 36, for "it shall rescind the order"(w.e.f. 27-5-1976).

Hindu Marriage Act, 1955 Complete Act

State: Central

Year: 1955

.....and applies also to Hindus domiciled in the territories to which this Act extends who are outside the said territories. SECTION 02: APPLICATION OF ACT (1) This Act applies- (a) to any person who is a Hindu by religion in any of its forms or developments, including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj, (b) to any person who is a Buddhist, Jaina or Sikh by religion, and (c) to any other person domiciled in the territories to which this Act extends who is not a Muslim, Christian, Parsi or Jew by religion, unless it is proved that any such person would not have been governed by the Hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this Act had not been passed. Explanation: The following persons are Hindus, Buddhists, Jainas or Sikhs by religion, as the case may be:- (a) any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jainas, or Sikhs by religion; (b) any child, legitimate or illegitimate, one of whose parents is a Hindu, Buddhist, Jaina or Sikh by religion and who is brought up as a member of the tribe, community, group or family to which such.....

Parsi Marriage and Divorce Act, 1936 Complete Act

State: Central

Year: 1936

.....certificate was defective, irregular or incorrect. "Clause 17.- This new clause lays down general principles on which most discreet Judges would act and have acted." CHAPTER III- PARSI MATRIMONIAL COURTS SECTION 18: CONSTITUTION OF SPECIAL COURTS UNDER THE ACT For the purpose of hearing suits under this Act, a special Court shall be constituted in each of the Presidency-towns of Calcutta, Madras and Bombay, and in such other places in the territories of the several[State Governments] as such Governments respectively shall think fit. SECTION 19: PARSI CHIEF MATRIMONIAL COURTS The Court so constituted in each of the Presidency towns shall be entitled the Parsi Chief Matrimonial Court of Calcutta, Madras or Bombay, as the case may be. The local limits of the jurisdiction of a Parsi Chief Matrimonial Court shall be conterminous with the local limits of the ordinary original civil jurisdiction of the High Court. The Chief Justice of the High Court or such other Judge of the same Court, as the Chief Justice shall from time to time appoint, shall be the Judge of such Matrimonial Court, and, in the trial of cases under this Act, he shall be aided14[by five delegates, except in.....