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Start Free TrialSpecial 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).
View Complete Act List Judgments citing this sectionHindu 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.
View Complete Act List Judgments citing this sectionHindu Marriage Act, 1955 Chapter 4
Title: Nullity of Marriage and Divorce
State: Central
Year: 1955
.....7, for the clause iii) (w.e.f. 27-5-1976). 3. Certain words omitted by Act 68 of 1976, section 7 (w.e.f. 27-5-1976). 4. The word "or" omitted by Act 44 of 1964, section 2 (w.e.f. 27-5-1976). 5. Inserted by Act 68 of 1976, section 7 (w.e.f. 27-5-1976). 6. Clause (viii) and (ix) omitted by Act 44 of 1964, section 2 (w.e.f. 20-12-1964). 7. Inserted by Act 44 of 1964, section 2 (w.e.f. 20-12-1964). 8. Substituted by Act 68 of 1976, section 7, for "two years" (w.e.f. 27-5-1976). 9. Substituted by Act 68 of 1976, section 7 for "bestiality" (w.e.f. 27-5-1976). 10. Inserted by Act 68 of 1976, section 7 (w.e.f. 27-5-1976). 11. 27th May, 1976. Section 13A - Alternate relief in divorce proceedings 1[13A. Alternate relief in divorce proceedings In any proceeding under this Act, on a petition for dissolution of marriage by a decree of divorce, except in so far as the petition is founded on the grounds mentioned in clauses (ii), (vi) and (vii) of sub-section (1) of section 13, the court may, if it considers it just so to do having regard to the circumstances of the case, pass instead a decree for judicial separation. ___________________________ 1. Inserted by Act 68.....
View Complete Act List Judgments citing this sectionSpecial Marriage Act, 1954 Chapter VI
Title: Nullity of Marriage and Divorce
State: Central
Year: 1954
.....other than the petitioner; or (iii) the consent of either party to the marriage was obtained by coercion or fraud, as defined in the Indian Contract Act, 1872 (9 of 1872): Provided that, in the case specified in 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.....
View Complete Act List Judgments citing this sectionFamily Courts Act, 1984 Complete Act
State: Central
Year: 1984
.....relating to maintenance allowance to wives, children and parents are heard underSection 125 of the Code of Criminal Procedure, 1973. After the enactment of the Family Courts Act, 1984. a proceeding for maintenance falls within the jurisdiction of the Family Courts at the places where such courts have been established. At other places, Magistrate of the area exercises the jurisdiction in such matters. There is provision for appeal under the Family Courts Act, 1984 against order made by a Family Court but, when the maintenance order is passed by a Magistrate, a revision lies under the Code of Criminal Procedure, 1973. 2. The Conference of Chief Justices had in December, 1989 has recommended that the provision existing in the Family Courts Act, 1984 regarding appeal against order made by a Family Court underSection 125 of the Code of Criminal Procedure, 1973may be deleted and, in its place, revision may be provided for in the said Act. 3. Clause 2 of the Bill, therefore, seeks to amendSection 19of the Family Courts Act, 1984. It, however, inlends to save the pending appeals and also the right to appeal from the orders passed before the commencement of the amending Act. 4. The.....
List Judgments citing this sectionBombay Court-fees Act, 1959, (Maharashtra) Section 6
Title: Computation of Fees Payable in Certain Suits for Money
State: Maharashtra
Year: 1959
.....period of the charge is less than one year; 7 (ha) for avoidance of sales contract for sale etc. --In suits for declaration that any sale, or contract for sale or termination of contract for sale, of any movable or immovable property is void--one-half of ad valorem fee leviable on the value of the property; 7 (hb) for avoidance of an acquisition proceeding --In suits for declaration that any proceedings for compulsory acquisition of any movable or immovable property are void--one-half of ad valorem fee leviable on the value of the property. (i) for accounts.--In suits for accounts-according to the amount at which the relief sought is valued in the plaint or memorandum of appeal, subject to the provisions of section 8 and subject to a minimum fee of 8 [one hundred rupees]. (j) for other declarations.--In suits where declaration is sought, with or without injunction or other consequential relief and the subject-matter in dispute is not susceptible of monetary evaluation and which are not otherwise provided for by this Act 9 [--ad valorem fee payable, as if the amount or value of the subject-matter was 10 [one thousand rupees]. In all suits under clauses (a)to (i) the.....
View Complete Act List Judgments citing this sectionBombay Court Fees Act, 1959 Complete Act
State: Maharashtra
Year: 1959
.....would have occasioned a less court-fee to be paid on the probate or letters of administration granted in respect of such estate than has been actually paid thereon under this Act, such Authority may return the difference, provided the same be claimed within three years after the date of such probate or letters. But when, by reason of any legal proceeding, the debts due from the deceased have not been ascertained and paid, or his effects have not been recovered and made available, and in consequence thereof the executor or administrator is prevented from claiming the return of such difference within the said term of three years, the said Authority may allow such further time for making the claim as may appear to be reasonable under the circumstances. SECTION 23: RELIEF IN CASE OF SEVERAL GRANTS Whenever a grant of probate or letters of administration has been or is made in respect of the whole of the property belonging to an estate, and the full fee chargeable under this Act has been or is paid thereon, no fee shall be chargeable under the same Act when a like grant is made in respect of the whole or any part of the same property belonging to the same estate. Whenever.....
List Judgments citing this sectionSpecial Marriage Act, 1954 Complete Act
State: Central
Year: 1954
.....being entered in the Marriage Certificate Book by the Marriage Officer, the Certificate shall be deemed to be conclusive evidence of the fact that a marriage under this Act has been solemnized and that all formalities respecting the signatures of witnesses have been complied with. SECTION 14: NEW NOTICE WHEN MARRIAGE NOT SOLEMNIZED WITHIN THREE MONTHS Whenever a marriage is not solemnized within three calendar months from the date on which notice thereof has been given to the Marriage Officer as required by section 5-, or where an appeal has been filed under sub-section (2) of section 8-, within three months from the date of the decision of the district court on such appeal or, where the record of a case has been transmitted to the Central Government under section 10-, within three months from the date of decision of the Central Government the notice and all other proceedings arising there from shall be deemed to have lapsed, and no Marriage Officer shall solemnize the marriage until a new notice has been given in the manner laid down in this Act. CHAPTER 03 REGISTRATION OF MARRIAGES CELEBRATED IN OTHER FORMS OBJECTS AND REASONS Section 15(e). Proviso.- "In the.....
List Judgments citing this sectionProhibition of Child Marriage Act, 2006 Complete Act
State: Central
Year: 2006
.....Act, 1955, in (S.18) , for clause (a), the following clause shall be substituted, namely:-- "(a) in the case of contravention of the condition specified in clause (iii) of (S.5) , with rigorous imprisonment which may extend to two years or with fine which may extend to one lakh rupees, or with both". SECTION 21 : Repeal and savings (1) The Child Marriage Restraint Act, 1929(19 of 1929) is hereby repealed. (2) Notwithstanding such repeal, all cases and other proceedings pending or continued under the said Act at the commencement of this Act shall be continued and disposed of in accordance with the provisions of the repealed Act, as if this Act had not been passed. Central Bare Acts
List Judgments citing this sectionIndian Evidence Act, 1872 Complete Act
State: Central
Year: 1872
.....to another when the one is connected with the other in any of the ways referred to in the provisions of this Act relating to the relevancy of facts. "Facts in issue" " The expression "facts in issue" means and includes " any fact from which, either by itself or in connection with other facts, the existence, non-existence, nature or extent of any right, liability, or disability, asserted or denied on any suit or proceeding, necessarily follows. Explanation - Whenever, under the provisions of the law for the time being in force relating to Civil Procedure, any Court records an issue of fact, the fact to be asserted or denied in the answer to such issue is a fact in issue. Illustrations A is accused of the murder of B. At his trial the following facts may be in issue:- That caused A B's death; That A intended to cause Bs' death; That A had received grave and sudden provocation from B; That A, at the time of doing the act which caused B's death, was, by reason of unsoundness of mind, incapable of knowing its nature. "Documents" " "Documents" means any matter expressed of described upon any substance by means of letters, figures or marks, or by more than one of those means,.....
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