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Start Free TrialParsi 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 [(3) Where an order for alimony or maintenance in favour of awife has been made either under the provisions of the [Repealed by this Act.]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 sectionParsi Marriage and Divorce Act, 1936 Complete Act
State: Central
Year: 1936
.....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 Chief Justice of the High Court or such other Judge of the same Court, as the Chief Justice shall from time to time appoint, shall be the Judge of such Matrimonial Court, and, in the trial of cases under this Act, he shall be aided14[by five delegates, except in.....
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 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 sectionMARRIED WOMEN'S PROPERTY ACT, 1874 Chapter IV
Title: LEGAL PROCEEDINGS BY AND AGAINST MARRIED WOMEN
State: Central
Year: 1874
.....all persons, for the protection and security of such property, as is she were unmarried, and she shall be liable to such suits, processes and orders in respect of such property as she would be liable to if she were unmarried. Section 8 - Wife's liability for post-nuptial debts If a married woman (whether married before or after the first day of January, 1866) possesses separate property, and if any person enters into a contract with her with reference to such property, or on the faith that her obligation arising out of such contract will be satisfied out of her separate property, such person shall be entitled to sue her, and to the extent of her separate property, to recover against her whatever he might have recovered in such suit had she been unmarried at the date of the contract and continued unmarried at the execution of the decree : 1 [Provided that nothing herein contained shall-- (a) entitle such person to recover anything by attachment and sale or otherwise out of any property which has been transferred to a woman or for her benefit on condition that she shall have no power during her marriage to transfer or charge the same or her beneficial interest.....
View Complete Act List Judgments citing this sectionMARRIED WOMEN'S PROPERTY ACT, 1874 Complete Act
Title: MARRIED WOMEN'S PROPERTY ACT, 1874
State: Central
Year: 1874
Preamble1 - MARRIED WOMEN'S PROPERTY ACT, 1874 Chapter I Section1 - Short title Section2 - Extent and application Section3 - Commencement [Repealed] Chapter II Section4 - Married women's earnings to be their separate property Chapter III Section5 - Married women may effect policy of insurance Section6 - Insurance by husband for benefit of wife Chapter IV Section7 - Married women may take legal proceedings Section8 - Wife's liability for post-nuptial debts Chapter V Section9 - Husband not liable for wife's ante-nuptial debts ChapterVI - HUSBAND'S LIABILITY FOR BREACH OF TRUST OF DEVASTATION Section10 - Extent of husband's liability for wife's breach of trust or devastation
List Judgments citing this sectionMARRIED WOMEN'S PROPERTY ACT, 1874 Section 4
Title: Married women's earnings to be their separate property
State: Central
Year: 1874
The wages and earnings of any married woman acquired or gained by her after the passing of this Act, in any employment, occupation or trade carried on by her and not by her husband, and also any money or other property so acquired by her through the exercise of any literary, artistic or scientific skill, and all savings from and investments of such wages, earnings and property, shall be deemed to be her separate property, and her receipts alone shall be good discharges for such wages, earnings and property.
View Complete Act List Judgments citing this sectionParsi Marriage and Divorce Act, 1936 Section 48
Title: Liberty to Parties to Marry Again
State: Central
Year: 1936
When the time1[***] limited for appealing against any decree granting a divorce or annulling or dissolving a marriage shall have expired, and no appeal shall have been presented against such decree, or when any such appeal shall have been dismissed, or when in the result of any appeal a divorce has been granted or a marriage has been declared to be annulled or dissolved, but not sooner, it shall be lawful for the respective parties thereto to marry again.2[***] ________________________ 1. Words "hereby" omitted by the Parsi Marriage and Divorce (Amendment) Act, 1988, w.e.f. 15-04-1988. 2. Words "as if the prior marriage had been terminated by death" omitted by the Parsi Marriage (Amendment) Act, 1988, w.e.f. 15-04-1988.
View Complete Act List Judgments citing this sectionDivorce Act, 1869 Section 57
Title: Liberty to Parties to Marry Again
State: Central
Year: 1869
1 [57. Liberty to parties to marry again Where a decree for dissolution or nullity of marriage has been passed and either the time for appeal has expired without an appeal having been presented to any court including the Supreme Court or an appeal has been presented but has been dismissed and the decree or dismissal has become final, it shall be lawful for either party to the marriage to marry again.".] STATE AMENDMENT 2 Uttar Pradesh: For the existing section, the following section shall be substituted: "57. Liberties to parties to marry again.--When six months after the date of any decree absolute dissolving a marriage have expired, and no appeal has been presented against such decree, or when any such appeal has been dismissed, or when in the result of any such appeal any marriage is declared to be dissolved, but not sooner, it shall be lawful for the respective parties to the marriage to marry again, as if the prior marriage had been dissolved by death." ______________________ 1. Substituted by Act 51 of 2001, section 30, for section 57 (w.e.f. 3-10-2001). 2. Vide U.P. Act XXX of 1957, section 2 and schedule (w.e.f. 21-10-1959).
View Complete Act List Judgments citing this sectionDivorce Act, 1869 Complete Act
Title: Divorce Act, 1869
State: Central
Year: 1869
Preamble1 - DIVORCE ACT, 1869 Chapter 1 Section1 - Short title, commencement of the Act Section2 - Extent of Act Section3 - Interpretation-clause Chapter 2 Section4 - Matrimonial jurisdiction of High Courts to be exercised subject to Act-Exception Section5 - Enforcement of decrees or orders made heretofore by Supreme Court or High Court Section6 - Pending suits Section7 - Court to act on principles of English Divorce Court(Repealed) Section8 - Extraordinary jurisdiction of High Court Section9 - Reference to High Court Chapter 3 Section10 - Grounds for dissolution of marriage Section10A - Dissolution of marriage by mutual consent Section11 - Adulterer or adulteress to be co-respondent Section12 - Court to be satisfied of absence of collusion Section13 - Dismissal of petition Section14 - Power to court to pronounce decree for dissolving marriage Section15 - Relief in case of opposition on certain grounds Section16 - Decrees for dissolution to be nisi Section17 - Power of High Court to remove certain suits Section17A - Appointment of officer to exercise duties of King's Proctor (Repealed) Chapter 4 Section18 - Petition for decree of nullity Section19 - Grounds of.....
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