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Start Free TrialParsi Marriage and Divorce Act, 1936 Section 39
Title: Alimony Pendente Lite
State: Central
Year: 1936
.....for the purpose, order that the husband shall [Ins by Act 14 of 1940, Section 2.] [while the wife remains chaste and unmarried], (a) to the satisfaction of the Court, secure to the wife [The words " while she remains chaste and unmarried " omitted by Act 14 of 1940, Section 2.] such gross sum or such monthly or periodical payment of money for a term not exceeding her life as, having regard to her own property, if any, her husband's ability and the conduct of the parties, shall be deemed just, and for that purpose may require a proper instrument to be executed by all necessary parties and suspend the pronouncing of its decree until such instruments shall have been duly executed, or (b) make such monthly payments to the wife for her maintenance and support as the Court may think reasonable. (2) In case any such order shall not be obeyed by her husband it may be enforced in the manner provided for the execution of decrees and orders under the Code of Civil Procedure, 1908, (5 of 1908) and further the husband may be sued by any person supplying the wife with necessaries during the time of such disobedience for the price of such necessaries. (3) The Court, if satisfied that.....
View Complete Act List Judgments citing this sectionParsi 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 [(3) Where an order for alimony or maintenance in favour of awife has been made either under the provisions of the [Repealed by this Act.]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 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.....
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 sectionDelhi Administration Act, 1966 Complete Act
State: Delhi
Year: 1966
.....of, or regulating the asking of questions on, any matter which affects the discharge of his functions in so far as he is required by or under this Act to act in his discretion, or by or under any law to exercise judicial or quasi-judicial functions and, if and in so far as any rule so made by the Administrator is inconsistent with any rule made by the Metropolitan Council, the rule made by the Administrator shall prevail. (2) Until rules are made under sub-section (1), the procedure and conduct of business of the Metropolitan Council shall be regulated by such rules as the Administrator may make in this behalf. Section25 Restriction on discussion in Metropolitan Council No discussion shall take place in the Metropolitan Council with respect to the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties. Section26 Courts not to enquire into proceedings of Metropolitan Council (1) The validity of any proceedings in the Metropolitan Council shall not be called in question on the ground of any alleged irregularity of procedure. (2) No officer or member of the Metropolitan Council in whom powers are vested by or under this.....
List Judgments citing this sectionHindu Marriage Act, 1955 Chapter 5
Title: Jurisdiction and Procedure
State: Central
Year: 1955
.....* *] in clause (i) of sub-section (1) of section 13, the petitioner has not in any manner been accessory to or connived at or condoned the act or acts complained of, or where the ground of the petition is cruelty the petitioner has not in any manner condoned the cruelty, and 1[(bb) when a divorce is sought on the ground of mutual consent, such consent has not been obtained by force, fraud or undue influence, and] (c)3[the petition (not being a petition presented under section 11)] is not presented or prosecuted in collusion with the respondent, and (d) there has not been any unnecessary or improper delay in instituting the proceeding, and (e) there is no other legal ground why relief should not be granted, then, and in such a case, but not otherwise, the court shall decree such relief accordingly. (2) Before proceeding to grant any relief under this Act, it shall be the duty of the court in the first instance, in every case where it is possible so to do consistently with the nature and circumstances of the case, to make every endeavour to bring about a reconciliation between the parties: 1[Pr ovided that nothing contained in this sub-section shall apply to.....
View Complete Act List Judgments citing this sectionHindu Marriage Act, 1955 Section 24
Title: Maintenance Pendente Lite and Expenses of Proceedings
State: Central
Year: 1955
Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable. 1 ["Provided that the application for the payment of the expenses of the proceeding and such monthly sum during the proceeding, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the wife or the husband, as the case may be.".] ___________________________ 1. Inserted by Act 49 of 2001, Section 8 (w.e.f. 24-09-2001).
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 97 to 106
Title: Resistance of Delivery of Possession to Decree-holder or Purchaser
State: Central
Year: 1908
.....(including questions relating to right, title or interest in the property) arising between the parties to a proceeding on an application under rule 97 or rule 99 or their representatives, and relevant to the adjudication of the application, shall be determined by the Court dealing with the application, and not by a separate suit and for this purpose, the Court shall, notwithstanding anything to the contrary contained in any other law for the time being in force, be deemed to have jurisdiction to decide such questions.] 2[102. Rules not applicable to transferee pendente lite Nothing in rules 98 and 100 shall apply to resistance or obstruction in execution of a decree for the possession of immovable property by a person to whom the judgment-debtor has transferred the property after the institution of the suit in which the decree was passed or to the dispossession of any such person. Explanation.--In this rule, "transfer" includes a transfer by operation of law.] 2[103. Orders to be treated as decrees Where any application has been adjudicated upon under rule 98 or rule 100, the order made thereon shall have the same force and be subject to the same conditions as.....
View Complete Act List Judgments citing this sectionAdministrators-general Act, 1963 Chapter III
Title: Rights, Powers and Duties of the Administrator-general
State: Central
Year: 1963
.....for the protection of the assets. ____________________________ 1. Substituted for "fifty thousand" by The Administrators-General (Amendment) Act, 1999 (Act 34 of 1999) w.e.f. 16.12.1999. Section 10 - Power of Administrator-General to collect and hold assets where immediate action is required (1) Whenever any person has died leaving assets within any State exceeding rupees 1[two lakhs] in value, and the High Court for that State is satisfied that there is imminent danger of misappropriation, deterioration or waste of such assets, requiring immediate action, the High Court may, upon the application of the Administrator-General or of any person interested in such assets or in the due administration thereof, forthwith direct the Administrator-General (a) to collect and take possession of such assets, and (b) to hold, deposit, realise, sell or invest the same according to the directions of the High Court, and, in default of any such directions, according to the provisions of this Act so far as the same are applicable to such assets. (2) Any order of the High Court under sub-section (1) shall entitle the Administrator-General (a) to maintain any suit or proceeding for the.....
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