Bare Act Search Results

Hindu Marriage Act, 1955 Section 16

Title: Legitimacy of Children of Void and Voidable Marriages

State: Central

Year: 1955

.....being annulled, shall be deemed to be their legitimate child notwithstanding the decree of nullity. (3) Nothing contained in sub-section (1) or sub-section (2) shall be construed as conferring upon any child of a marriage which is null and void or which is annulled by a decree of nullity under section 12, any rights in or to the property of any person, other than the parents, in any case where, but for the passing of this Act, such child would have been incapable of possessing or acquiring any such rights by reason of his not being the legitimate child of his parents.] _________________________ 1. Substituted by Act 68 of 1976, section 11, for section 16 (w.e.f. 27-5-1976) 2. 27th May, 1976.

Special Marriage Act, 1954 Section 26

Title: Legitimacy of Children of Void and Voidable Marriages

State: Central

Year: 1954

.....of being annulled, shall be deemed to be their legitimate child notwithstanding the decree of nullity. (3) Nothing contained in sub-section (1) or sub-section (2) shall be construed as conferring upon any child of a marriage which is null and void or which is annulled by a decree of nullity under section 25, any rights in or to the property of any person, other than the parents, in any case where, but for the passing of this Act, such child would have been incapable of possessing or acquiring any such rights by reason of not his being the legitimate child of his parents.] ________________________ 1. Substituted by Act 68 of 1976, Section 26 for section 26 (w.e.f. 27-5-1976).

Hindu Marriage Act, 1955 Chapter 4

Title: Nullity of Marriage and Divorce

State: Central

Year: 1955

.....Act, the 1978 (2 of 1978)], the consent of such guardian was obtained by force3[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 has, 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 be 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 solemnised before the commencement of this Act within one year of.....

Special Marriage Act, 1954 Chapter VI

Title: Nullity of Marriage and Divorce

State: Central

Year: 1954

.....clause (ii), the court shall not grant a decree unless it is satisfied,-- (a) that the petitioner was at the time of the marriage ignorant of the facts alleged; (b) that proceedings were instituted within a year from the date of the marriage; and (c) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the grounds for a decree: Provided further that in the case specified in clause (iii), the court shall not grant a decree if,-- (a) proceedings have not been instituted within one year after the coercion had ceased or, as the case may be, the fraud had been discovered; or (b) the petitioner has with his or her free consent lived with the other party to the marriage as husband and wife after the coercion had ceased or, as the case may be, the fraud had been discovered. Section 26 - Legitimacy of children of void and voidable marriages 1[26. Legitimacy of children of void and voidable marriages (1) Notwithstanding that a marriage is null and void under section 24, any child of such marriage who would have been legitimate if the marriage had been valid, shall be legitimate, whether.....

Family Courts Act, 1984 Complete Act

State: Central

Year: 1984

.....down its own procedure with a view to arrive at a settlement in respect of the subject-matter of the suit or proceedings or at the truth of the facts alleged by the one Party and denied by the other. SECTION 11: PROCEEDINGS TO BE HELD IN CAMERA " In every suit or proceedings to which this Act applies, the proceedings may be held in camera if the Family Court so desires and shall be so held if either party so desires. SECTION 12: ASSISTANCE OF MEDICAL AND WELFARE EXPERTS In every suit or proceedings, it shall be open to a Family Court to secure the services of a medical expert or such person (preferably a woman where available), whether related to the parties or not, including a person professionally engaged in promoting the welfare of the family as the Court may think fit. for the purposes of assisting the Family Court in discharging the functions imposed by this Act. SECTION 13: RIGHT TO LEGAL REPRESENTATION " Notwithstanding anything contained in any law. no party to a suit or proceeding before a Family Court shall be entitled, as of right, to be represented by a legal practitioner: Provided that if the Family Court considers it necessary in the interest of justice, it may.....

Prohibition of Child Marriage Act 2006 Section 6

Title: Legitimacy of Children Borm of Child Marriages

State: Central

Year: 2006

Notwithstanding that a child marriage has been annulled by a decree of nullity under section 3, every child begotten or conceived of such marriage before the decree is made, whether born before or after the commencement of this Act, shall be deemed to be a legitimate child for all purposes.

Family Courts Act 1984 Chapter III

Title: Jurisdiction

State: Central

Year: 1984

.....and parents) of the Code of Criminal Procedure, 1973 (2 of 1974); and (b) such other jurisdiction as may be conferred on it by any other enactment. Section 8 - Exclusion of jurisdiction and pending proceedings Where a Family Court has been established for any area,-- (a) no district court or any subordinate civil court referred to in sub-section (1) of section 7 shall, in relation to such area, have or exercise any jurisdiction in respect of any suit or proceeding of the nature referred to in the Explanation to that sub-section; (b) no magistrate shall, in relation to such area, have or exercise any jurisdiction or power under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974); (c) every suit or proceeding of the nature referred to in the Explanation to sub-section (1) of section 7 and every proceeding under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974),-- (i) which is pending immediately before the establishment of such Family Court before any district court or subordinate court referred to in that sub- section or, as the case may be, before any magistrate under the said Code; and (ii) which would have been required to be.....

Family Courts Act 1984 Section 7

Title: Jurisdiction

State: Central

Year: 1984

.....or of either of them; (d) a suit or proceeding for an order or injunction in circumstance arising out of a marital relationship; (e) a suit or proceeding for a declaration as to the legitimacy of any person; (f) a suit or proceeding for maintenance; (g) a suit or proceeding in relation to the guardianship of the person or the custody of, or access to, any minor. (2) Subject to the other provisions of this Act, a Family Court shall also have and exercise-- (a) the jurisdiction exercisable by a Magistrate of the First Class under Chapter IX (relating to order for maintenance of wife, children and parents) of the Code of Criminal Procedure, 1973 (2 of 1974); and (b) such other jurisdiction as may be conferred on it by any other enactment.

Code of Civil Procedure, 1908 Rule 1 to 6

Title: Suits Relating to Matters Concerning the Family

State: Central

Year: 1908

.....Court may think fit, for the purpose of assisting the Court in discharging the functions imposed by rule 3 of this Order. 5. Duty to inquire into facts In every suit or proceeding to which this Order applies, it shall be the duty of the Court to inquire, so far it reasonably can, into the facts alleged by the plaintiff and into any facts alleged by the defendant. 6. "Family"--Meaning of For the purposes of this Order, each of the following shall be treated as constituting a family, namely:-- (a) (i) a man and his wife living together, (ii) any child or children being issue of theirs; or of such man or such wife, (iii) any child or children being maintained by such man and wife; (b) a man not having a wife or not living together with his wife, any child or children, being issue of his, and any child or children being maintained by him; (c) a woman not having a husband or not living together with her husband, any child or children being issue of hers, and any child or children being maintained by her; (d) a man or woman and his or her brother, sister, ancestor or lineal descendant living with him or her; and (e) any combination of one or more of the groups.....

Indian Evidence Act 1872 Part 3

Title: Production and Effect of Evidence

State: Central

Year: 1872

.....PROOF Section 101 - Burden of proof Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts, must prove that those facts exist. When a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person. Illustrations (a) A desires a Court to give judgment that B shall be punished for a crime which A says B has committed. A must prove that B has committed the crime. (b) A desires a Court to give judgment that he is entitled to certain land in the possession of B, by reason of facts which he asserts, and which B denies, to be true. A must prove the existence of those facts. Section 102 - On whom burden of proof lies The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side. Illustrations (a) A sues B for land of which B is in possession, and which, as A asserts, was left to A by the will of C, B's father. If no evidence were given on either side, B would be entitled to retain his possession. Therefore the burden of proof is on A. (b) A sues B for money due on a bond. .....