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Start Free TrialCONVERTS' MARRIAGE DISSOLUTION ACT, 1866 Section 23
Title: Dismissal of suit if either party under age required by Act, or if parties cohabiting, or respondent willing to cohabit
State: Central
Year: 1866
If at any stage of the suit it be proved that the male party to suit is or was at the institution thereof under the age of sixteen years, or that the female party to the suit is or was at the same time under the age of thirteen years, or that the petitioner and the respondent are cohabiting as man and wife, or if the Court is satisfied by the evidence adduced that the respondent is ready and willing so to cohabit with the petitioner, the Court shall pass a decree dismissing the suit and stating the ground of such dismissal.
View Complete Act List Judgments citing this sectionCONVERTS' MARRIAGE DISSOLUTION ACT, 1866 Section 17
Title: Decree in case of male respondent refusing to cohabit on grounds of petitioners change of religion
State: Central
Year: 1866
If the respondent be a male, and in answer to the interrogatories of the Judge or Commissioners, as the case may be, shall refuse to cohabit with the petitioner, the Judge, if upon consideration of the respondent's answers and of the facts which may have been proved by the petitioner he shall be of opinion that the ground of such refusal is the petitioner's change of religion, shall adjourn the case for a year. At the expiration of such adjournment, the petitioner shall again appear in Court; and if the respondent on being interrogated by the Judge or Commissioners, as the case may be, again refuse to cohabit with the petitioner, the Judge shall thereupon pass such a decree as last aforesaid : Proviso.-- Provided that if the petitioner shall so desire (but not otherwise), the proceedings in the suit shall, mutatis mutandis, be the same as in the case of a female respondent.
View Complete Act List Judgments citing this sectionCONVERTS' MARRIAGE DISSOLUTION ACT, 1866 Section 26
Title: Male petitioners cohabitation with one of several wives to bar suit
State: Central
Year: 1866
If the petitioner, being a male, has at the time of the institution of the suit two or more wives, he shall make them all respondents; and if at any stage of the suit it be proved that he is cohabiting with one of such wives as man and wife, or that any one of such wives is ready and willing so to cohabit with him, the Court shall pass a decree dismissing the suit and stating the ground of such dismissal. The provisions as to revival contained in section 24 of this Act shall apply, mutatis mutandis, to a suit dismissed under this section.
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 sectionCONVERTS' MARRIAGE DISSOLUTION ACT, 1866 Section 15
Title: Procedure when female respondent refuses to cohabit with petitioner
State: Central
Year: 1866
If the respondent be a female, and in answer to the interrogatories of the Judge or Commissioners, as the case may be, shall refuse to cohabit with the petitioner, the Judge, if upon consideration of the respondent's answers and of the facts which may have been proved by the petitioner he shall be of opinion that the ground for: such refusal is the petitioner's change of religion, shall make an order adjourning the case for a year, and directing that, in the interring, the parties shall, at such place and time as he shall deem convenient, have an interview of such length as the Judge shall direct, and in the presence of such person or persons (who may be a female or females) as the Judge shall select, with the view of ascertaining whether or not the respondent freely and voluntarily persists in such refusal.(Adjournment for a year.Interview.)
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Section 493
Title: Cohabitation Caused by a Man Deceitfully Inducing a Belief of Lawful Marriage
State: Central
Year: 1860
Every man who by deceit causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit or have sexual intercourse with him in that belief, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine,
View Complete Act List Judgments citing this sectionTHE CONVERTS' MARRIAGE DISSOLUTION ACT, 1866 Complete Act
State: Central
Year: 1866
.....if celebrated in accordance with the rules, rites, ceremonies and customs of the Roman Catholic Church 9[***]. 10[ SECTION 35: EXTENT OF ACT This Act extends to 11[the whole of India 12[except the State of Jammu and Kashmir and the Union territory of Manipur]].] THE FIRST SCHEDULE: FORM OF PETITION (See section 7) Stamp 13[***] To the Judge of the Civil Court of The day of . 18 The petition of A. B. of . Sheathe :- 1. That your petitioner was born on or about the day of 18 . 2. That your petitioner was on the ..day of in the year 18 lawfully married to C. D.. at 3. That the said C. D. is now of the age of .years or thereabouts. 4. That after his said marriage, your petitioner lived and cohabited with his said wife at ..aforesaid until the .day of .18 5. That previous to the day of 18 your petitioner changed his religion for Christianity, and that on such day he was baptized and became a member of the Church of . 6. That on the day of ..18 [At least six months prior to the date of the petition], the said C. D. deserted your petitioner, and has not since resumed cohabitation with him. 7. That such desertion was in consequence of your petitioner's said.....
List Judgments citing this sectionParsi 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.....
View Complete Act List Judgments citing this sectionDivorce Act, 1869 Schedule 1
Title: Schedule of Forms
State: Central
Year: 1869
.....of........................, ........................ your petitioner, then a spinster, eighteen years of age, was married in fact, though not in law, to C.D., then a bachelor of about thirty years of age, at [some place in India]. 2. That from the said .................................... day of...................................., ...................................., until the month of .................................... your petitioner lived and cohabited with the said C.D., at diverse places, and particularly at aforesaid. 3. That the said C.D. has never consummated the said pretended marriage by carnal copulation. 4. That at the time of the celebration of your petitioner's pretended marriage, the said C.D. was, by reason of his impotency or malformation, legally incompetent to enter into the contract of marriage. 5. That there is no collusion or connivance between her and the said C.D. with respect to the subject of this suit. Your petitioner therefore prays that this (Hon'ble) Court will declare that the said marriage is null and void. (Signed) A.B. Form of Verification: See No. 1 STATE AMENDMENT 1 Uttar Pradesh: In Form No. 4,.....
View Complete Act List Judgments citing this sectionCONVERTS' MARRIAGE DISSOLUTION ACT, 1866 Complete Act
Title: CONVERTS' MARRIAGE DISSOLUTION ACT, 1866
State: Central
Year: 1866
.....- Revival of suit after such dismissal Section25 - Petitioners cruelty or adultery to bar suit Section26 - Male petitioners cohabitation with one of several wives to bar suit Section27 - Dissolution of marriage not to affect status or right of children Section28 - Power to Court to award alimony Section29 - No appeal under Act; but Judge may state case raising question whether conversion has dissolved marriage Section30 - Case to state necessary facts and documents, and suit to be stayed Section31 - Case to be decided by three Judge Section32 - High Court may refer case to Judge for additions or alterations Section33 - High Court may decide question raised, and Judge shall dispose of case accordingly Section34 - Saving of Roman Catholic marriages Section35 - Extent of Act Schedule1 - FIRST SCHEDULE Schedule2 - SECOND SCHEDULE Schedule3 - THIRD SCHEDULE
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