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Home Bare Acts Phrase: judicial separationDivorce Act, 1869 Chapter 5
Title: Judicial Separation
State: Central
Year: 1869
.....of contract, and wrongs and injuries, and suing and being sued in any civil proceedings; and her husband shall not be liable in respect of any contact, act or costs entered into, done, omitted or incurred by her during the separation: Provided that where, upon any such judicial separation, alimony has been decreed or ordered to be paid to the wife, and the same is not duly paid by the husband, he shall be liable for necessaries supplied for her use: Provided also that nothing shall prevent the wife from joining, at any time during such separation, in the exercise of any joint power given to herself and her husband. Section 26 - Reversal of Decree of Separation: Decree of separation obtained during absence of husband or wife may be reversed Any husband or wife, upon the application of whose wife or husband, as the case may be, a decree of judicial separation has been pronounced, may, at any lime thereafter, present a petition to the Court by which the decree was pronounced, praying for a reversal of such decree, on the ground that it was obtained in his or her absence, and that there was reasonable excuse for the alleged desertion, where desertion was the ground of such.....
View Complete Act List Judgments citing this sectionParsi Marriage and Divorce Act, 1936 Section 34
Title: Suits for Judicial Separation
State: Central
Year: 1936
Any married person may sue for judicial separation on any of the grounds for which such person could have filed a suit for divorce,1[***] ________________________ 1. The words "or on the ground that the defendant has been guilty of such cruelty to him or her or their children, or has used such personal violence, or has behaved in such a way as to render it in the judgment of the Court improper to compel him or her to live with the defendant." Omitted by the Parsi Marriage and Divorce (Amendment) Act, 1988, w.e.f. 15-04-1988.
View Complete Act List Judgments citing this sectionDivorce Act, 1869 Section 22
Title: Bar to Decree for Divorce a Mensa Et Toro; but Judicial Separation Obtainable by Husband or Wife
State: Central
Year: 1869
No decree shall hereafter be made for a orce a mensa et toro, but the husband or wife may obtain a decree of judicial separation, on the ground of adultery, or cruelty, or desertion 1 [***] for two years or upwards, and such decree shall have the effect of a divorce a mensa et toro under the existing law, and such other legal effect as here in after mentioned. ____________________ 1. The words "without reasonable excuse" omitted by Act 51 of 2001. section 17 (w.e.f. 3-10-2001).
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 sectionSpecial Marriage Act, 1954 Chapter V
Title: Restitution of Conjugal Rights and Judicial Separation
State: Central
Year: 1954
.....on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree judicial separation accordingly. (2) Where the court grants a decree for judicial separation, it shall be no longer obligatory for the petitioner to cohabit with the respondent, but the court may, on the application by petition of either party and on being satisfied of the truth of the statements made in such petition, rescind the decree if it considers it just and reasonable to do so. ________________________ 1. Substituted by Act 29 of 1970, Section 2, for certain words (w.e.f. 12-8-1970). 2. Substituted by Act 68 of 1976, Section 24 (w.e.f. 27-5-1976).
View Complete Act List Judgments citing this sectionHindu Marriage Act, 1955 Chapter 3
Title: Restitution of Conjugal Rights and Judicial Separation
State: Central
Year: 1955
.....(w.e.f. 27-5-1976) 3. Sub-section (2) omitted by Act 68 of 1976, section 3 (w.e.f. 27-5-1976) Section 10 - Judicial separation 1[(1) Either party to a marriage, whether solemnised before or after the commencement of this Act, may present a petition praying for a decree for judicial separation on any of the grounds specified in sub-section (1) of section 13, and in the case of a wife also on any of the grounds specified in sub-section (2) thereof, as grounds on which a petition for divorce might have been presented.] (2) Where a decree for judicial separation has been passed, it shall no longer be obligatory for the petitioner to cohabit with the respondent, but the court may, on the application by petition of either party and on being satisfied of the truth of the statements made in such petition, rescind the decree if it considers it just and reasonable to do so. _________________________ 1. Substituted by Act 68 of 1976, section 4, for sub-section (1) (w.e.f. 27-5-1976)
View Complete Act List Judgments citing this sectionSpecial Marriage Act, 1954 Section 23
Title: Judicial Separation
State: Central
Year: 1954
(1) A petition for judicial separation may be presented to the district court either by the husband or the wife,-- (a) on any of the grounds specified1[in sub-section (1)]2[and sub-section (1-A)] of section 27 on which a petition for divorce might have been presented; or (b) on the ground of failure to comply with a decree for restitution of conjugal rights, and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree judicial separation accordingly. (2) Where the court grants a decree for judicial separation, it shall be no longer obligatory for the petitioner to cohabit with the respondent, but the court may, on the application by petition of either party and on being satisfied of the truth of the statements made in such petition, rescind the decree if it considers it just and reasonable to do so. ________________________ 1. Substituted by Act 29 of 1970, Section 2, for certain words (w.e.f. 12-8-1970). 2. Substituted by Act 68 of 1976, Section 24 (w.e.f. 27-5-1976).
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 sectionHindu Marriage Act, 1955 Section 10
Title: Judicial Separation
State: Central
Year: 1955
1[(1) Either party to a marriage, whether solemnised before or after the commencement of this Act, may present a petition praying for a decree for judicial separation on any of the grounds specified in sub-section (1) of section 13, and in the case of a wife also on any of the grounds specified in sub-section (2) thereof, as grounds on which a petition for divorce might have been presented.] (2) Where a decree for judicial separation has been passed, it shall no longer be obligatory for the petitioner to cohabit with the respondent, but the court may, on the application by petition of either party and on being satisfied of the truth of the statements made in such petition, rescind the decree if it considers it just and reasonable to do so. _________________________ 1. Substituted by Act 68 of 1976, section 4, for sub-section (1) (w.e.f. 27-5-1976)
View Complete Act List Judgments citing this sectionDivorce Act, 1869 Section 25
Title: Separated Wife Deemed Spinster for Purposes of Contract and Suing
State: Central
Year: 1869
In every case of a judicial separation under this Act, the wife shall, whilst so separated, be considered as an unmarried woman for the purposes of contract, and wrongs and injuries, and suing and being sued in any civil proceedings; and her husband shall not be liable in respect of any contact, act or costs entered into, done, omitted or incurred by her during the separation: Provided that where, upon any such judicial separation, alimony has been decreed or ordered to be paid to the wife, and the same is not duly paid by the husband, he shall be liable for necessaries supplied for her use: Provided also that nothing shall prevent the wife from joining, at any time during such separation, in the exercise of any joint power given to herself and her husband.
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