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Indian Matrimonial Causes (War Marriages) Act, 1948 Preamble 1

Title: Indian Matrimonial Causes (War Marriages) Act, 1948

State: Central

Year: 1948

INDIAN MATRIMONIAL CAUSES (WAR MARRIAGES) ACT, 1948 [Act, No. 40 Of 1948] [3rd September, 1948] PREAMBLE An Act to confer upon Courts temporary jurisdiction in certain matrimonial causes. WHEREAS it is expedient to confer upon Courts1[******] temporary jurisdiction in certain matrimonial causes; It is hereby enacted as follows :- _____________________________ 1. Words "in the Provinces of India" were omitted by A.L.O., 1950.

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Indian Matrimonial Causes (War Marriages) Act, 1948 Complete Act

Title: Indian Matrimonial Causes (War Marriages) Act, 1948

State: Central

Year: 1948

Preamble1 - INDIAN MATRIMONIAL CAUSES (WAR MARRIAGES) ACT, 1948 Section1 - Short title and extent Section2 - Definitions Section3 - Application of Act Section4 - Temporary extension of jurisdiction of High Courts Section5 - Saving Section6 - Certain decrees and orders to be recognised Section7 - Power to make rules

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Parsi Marriage and Divorce Act, 1936 Part III

Title: Parsi Matrimonial

State: Central

Year: 1936

.....practitioners entitled to practice in a District Court shall be entitled to practice in any Parsi District Matrimonial Court constituted under this Act. Section 29 - Court in which suits to be brought (1) All suits instituted under this Act shall be brought in the Court within the limits of whose jurisdiction the defendant resides at the time of the institution of the suit. (2) When the defendant shall at such time have left [Subs.by Act 3 of 1951, Section 3 and Schedule, for "Part A States and Part C States".] [the territories to which this Act extends] such suit shall be brought in the Court at the place where the plaintiff and defendant last resided together1[or where the marriage under this Act was solemnized] (3) In any case, whether the defendant resides in [Subs. by Act 3 of 1951, Section 3 and Schedule, for "Part A States and Part C States".] [the territories to which this Act extends] or not, such suit may be brought in the Court at the place where the plaintiff resides or at the place where the plaintiff and the defendant last resided together, if such Court, after recording its reasons in writing, grants leave so to do. ________________________ 1. Inserted.....

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Matrimonial Causes (War Marriages) Act, 1948 Complete Act

State: Central

Year: 1948

.....to any proceedings for divorce or for nullity of marriage unless- (a) the petitioner of the respondent professes the Christian religion, and (b) the proceedings for divorce or for nullity of marriage are commenced not later than three years from the commencement of this Act. SECTION 05: SAVING Nothing in this Act shall be deemed to extend or alter the jurisdiction of the High Court in, or inspiration to, any proceedings for divorce or for nullity of marriage, where at the commencement of those proceedings the parties are .domiciled anywhere in India. SECTION 06: CERTAIN DECREES, AND ORDERS TO BE RECOGNISED The validity of any decree or order made in the United Kingdom by virtue of the Matrimonial Causes (War Marriages) Act, 1944shall, by virtue of this Act, be recognised in all Courts in the States of India. SECTION 07: POWER TO MAKE RULES The High Court may make such rules as may be necessary for the purpose of carrying out the objects of this Act. Footnotes: 2. Substituted for "Part B States", by 3 A.L.O., 1956. Central Bare Acts

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Parsi Marriage and Divorce Act, 1936 Section 19

Title: Parsi Chief Matrimonial Courts

State: Central

Year: 1936

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 bethe Judge of such Matrimonial Court, and, in the trial of cases under this Act, he shall be aided 1[by five delegates, except in regard to -- (a) interlocutory applications and proceedings; (b) alimony and maintenance, both permanent as well as pendente lite; (c) custody, maintenance and education of children; and (d) all matters and proceedings other than the regular hearing of cases.] ________________________ 1. Substituted for "by seven delegates" by the Parsi Marriage and Divorce (Amendment) Act, 1988, w.e.f. 15-04-1988.

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Parsi Marriage and Divorce Act, 1936 Part IV

Title: Matrimonial Suits

State: Central

Year: 1936

.....habitually so up to the date of the suit: Provided that divorce shall not be granted on this ground, unless the plaintiff (1) was ignorant of the fact at the time of the marriage, and (2) has filed the suit within three years from the date of the marriage; 1[(bb) that the defendant has been incurably of unsound mind for a period of two years or upwards immediately preceding the filling of the suit or has been suffering continuously or intermittently from mental disorder of such kind and to such an extent that the plaintiff cannot reasonably be expected to live with the different. Explanation.-- In this clause, -- (a) the expression "mental disorder" means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrenia; (b) the expression "psychopathic disorder' means a persistent disorder or disability of mind (whether or not including subnormality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the defendant, and whether or not it requires or is susceptible to medical treatment;] (c) that the defendant was at the time of.....

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Parsi Marriage and Divorce Act, 1936 Section 20

Title: Parsi District Matrimonial Courts

State: Central

Year: 1936

Every Court so constituted at a place other than a Presidency town shall be entitled the Parsi District Matrimonial Court of such place.Subject to the provisions contained in section 21, the local limits of the jurisdiction of such Court shall be conterminous with the limits of the district in which it is held.The Judge of the principal Court of original civil jurisdiction at such place shall be the Judge of such Matrimonial Court, and in the trial of cases under this Act he shall be aided. 1[by five delegates, except in regard to -- (a) interlocutory applications and proceedings; (b) alimony and maintenance, both permanent as well as pendente lite; (c) custody, maintenance and education of children; and (d) all matters and proceedings other than the regular hearing of cases.] ________________________ 1. Substituted for "by seven delegates" by the Parsi Marriage and Divorce (Amendment) Act, 1988, w.e.f. 15-04-1988.

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Parsi Marriage and Divorce Act, 1936 Section 22

Title: Certain Districts to Be Within Jurisdiction of the Chief Matrimonial Court

State: Central

Year: 1936

Any district which the State Government, on account of the fewness of its Parsi inhabitants, shall deem it inexpedient to include within the jurisdiction of any District Matrimonial Court, shall be included within the jurisdiction of the Parsi Chief Matrimonial Court for the territories under such State Government where there is such a Court.

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Bombay City Civil Court Act, 1948, (Maharashtra) Section 4A

Title: Power of High Court to Transfer Matrimonial Cases to City Court

State: Maharashtra

Year: 1948

1[4A. Power of High Court to transfer matrimonial cases to City Court. (1) Notwithstanding anything contained in any law for the time being in force, the High Court may at any stage transfer to the City Court any suit or proceeding which is cognizable by it as a Court having matrimonial jurisdiction and instituted in such court. (2) Any suit or proceeding so transferred shall be heard and disposed of by the City Court and the City Court shall have all the powers and jurisdiction in respect thereof as if it had been originally instituted in that Court. (3) In any such suit or proceeding institution fees shall be paid, credit being given to any court fee levied in the High Court and cost incurred in the High Court till the date of transfer shall be assessed by the City Court in such manner as the2[State] Government may, after consultation with the High Court, determine by rules.] _____________________ 1. This section was inserted, by Bom. 26 of 1950, s. 3. 2. The word "State" was substituted for the word "Provincial" by Bom. 9 of 1951, s. 3, Second Schedule.

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Indian Matrimonial Causes (War Marriages) Act, 1948 Section 1

Title: Short Title and Extent

State: Central

Year: 1948

(1) This Act may be called the Indian Matrimonial Causes (War Marriages) Act, 1948. (2) It extends to the whole of India, except1[the territories which, immediately before the 1st November, 1956, were comprised in Part B States.] _____________________________ 1. Substituted for "Part B States", by 3 A.L.O., 1956.

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