Bare Act Search Results

Parsi Marriage and Divorce Act, 1936 Part IV

Title: Matrimonial Suits

State: Central

Year: 1936

.....habitually so up to the date of the suit: Provided that divorce shall not be granted on this ground, unless the plaintiff (1) was ignorant of the fact at the time of the marriage, and (2) has filed the suit within three years from the date of the marriage; 1[(bb) that the defendant has been incurably of unsound mind for a period of two years or upwards immediately preceding the filling of the suit or has been suffering continuously or intermittently from mental disorder of such kind and to such an extent that the plaintiff cannot reasonably be expected to live with the different. Explanation.-- In this clause, -- (a) the expression "mental disorder" means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrenia; (b) the expression "psychopathic disorder' means a persistent disorder or disability of mind (whether or not including subnormality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the defendant, and whether or not it requires or is susceptible to medical treatment;] (c) that the defendant was at the time of.....

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

.....Contents and verification of petitions (1) Every petition presented under this Act shall state as distinctly as the nature of the case permits the facts on which the claim to relief is founded1[and, except in a petition under section 11, shall also state] that there is no collusion between the petitioner and the other party to the marriage. (2) The statements contained in every petition under this Act shall be verified by the petitioner or some other competent person in the manner required by law for the verification of plaints, and may, at the hearing, be referred to as evidence. __________________________ 1. Substituted by Act 68 of 1976, section 13, for "and shall also state" (w.e.f. 27-5-1976). Section 21 - Application of Act 5 of 1908 Subject to the other provisions contained in this Act and to such rules as the High Court may make in this behalf, all proceedings under this Act shall be regulated, as far as may be, by the Code of Civil Procedure, 1908. Section 21A - Power to transfer petitions in certain cases 1[21A. Power to transfer petitions in certain cases (1) Where- (a) a petition under this Act has been presented to a district court having.....

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

.....and verification of petitions (1) Every petition under Chapter V or Chapter VI shall state, as distinctly as the nature of the case permits the facts on which the claim to relief is founded, and shall also state that there is no collusion between, the petitioner and the other party to the marriage. (2) The statements contained in every such petition shall be verified by the petitioner or some other competent person in the manner required by law for the verification of plaints, and may, at the hearing, be referred to as evidence. Section 33 - Proceedings to be in camera and may not be printed or published 16 1 [33. Proceedings to be in camera and may not be printed or published (1) Every proceeding under this Act shall be conducted in camera and it shall not be lawful for any person to print or publish any matter in relation to any such proceeding except a judgment of the High Court or of the Supreme Court printed or published with the previous permission of the Court. (2) If any person prints or publishes any matter in contravention of the provisions contained in sub-section (1), he shall be punishable with fine which may extend to one thousand rupees.] .....

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

.....Act, 1978 (2 of 1978)], the consent of such guardian was obtained by force12 [or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent;] or (d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner. (2) Notwithstanding anything contained in sub-section (1), no petition for annulling a marriage- (a) on the ground specified in clause (c) of sub-section ( 1 ) shall be entertained if- (i) the petition is presented more than one year after the force had ceased to operate or, as the case may be, the fraud had been discovered; or (ii) the petitioner had, with his or her full consent, lived with the other party to the marriage as husband or wife after the force had ceased to operate or, as the case may be, the fraud had been discovered; (b) on the ground specified in clause (d) of sub-section (1) shall been entertained unless the court is satisfied- (i) that the petitioner was at the time of the marriage ignorant of the facts alleged; (ii) that proceedings have been instituted in the case of a marriage solemnized before the commencement of this Act within one year of such.....

Parsi Marriage and Divorce Act, 1936 Complete Act

State: Central

Year: 1936

.....17: FORMAL IRREGULARITY NOT TO INVALIDATE MARRIAGE No marriage contracted under this Act shall be deemed to be invalid solely by reason of the fact that it was not certified under section 6, or that the certificate was not sent to the Registrar, or that the 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.....