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Home Bare Acts Phrase: petitionerCONVERTS' MARRIAGE DISSOLUTION ACT, 1866 Section 17
Title: Decree in case of male respondent refusing to cohabit on grounds of petitioners change of religion
State: Central
Year: 1866
If the respondent be a male, and in answer to the interrogatories of the Judge or Commissioners, as the case may be, shall refuse to cohabit with the petitioner, the Judge, if upon consideration of the respondent's answers and of the facts which may have been proved by the petitioner he shall be of opinion that the ground of such refusal is the petitioner's change of religion, shall adjourn the case for a year. At the expiration of such adjournment, the petitioner shall again appear in Court; and if the respondent on being interrogated by the Judge or Commissioners, as the case may be, again refuse to cohabit with the petitioner, the Judge shall thereupon pass such a decree as last aforesaid : Proviso.-- Provided that if the petitioner shall so desire (but not otherwise), the proceedings in the suit shall, mutatis mutandis, be the same as in the case of a female respondent.
View Complete Act List Judgments citing this sectionLimitation Act, 1963 (36 of 1963) Section 21
Title: Effect of Substituting or Adding New Plaintiff or Defendant
State: Central
Year: 1963
(1) Where after the institution of a suit, a new plaintiff or, defendant is substituted or added, the suit shall, as regards him, be deemed to have been instituted when he was so made a party: Provided that where the court is satisfied that the omission to include a new plaintiff or defendant was due to a mistake made in good faith it may direct that the suit as regards such plaintiff or defendant shall be deemed to have been instituted on any earlier date. (2) Nothing in sub-section (1) shall apply to a case where a party is added or substituted owing to assignment or devolution of any interest during the pendency of a suit or where a plaintiff is made a defendant or a defendant is made a plaintiff.
View Complete Act List Judgments citing this sectionCONVERTS' MARRIAGE DISSOLUTION ACT, 1866 Section 12
Title: Points to be proved on appearance of petitioner
State: Central
Year: 1866
On the day fixed in the citation the petitioner shall appear in Court, and the following points shall be proved:-- (1) the identity of the parties . (2) the marriage between the petitioner and the respondent . (3) that the male party to the suit has completed the age of sixteen years, and that the female party to the suit has completed the age of thirteen years . (4) the desertion or repudiation of the petitioner by the respondent . (5) that such desertion or repudiation was in consequence of the petitioner's change of religion . (6) and that such desertion or repudiation had continued for the six months immediately before the commencement of the suit.
View Complete Act List Judgments citing this sectionCONVERTS' MARRIAGE DISSOLUTION ACT, 1866 Section 15
Title: Procedure when female respondent refuses to cohabit with petitioner
State: Central
Year: 1866
If the respondent be a female, and in answer to the interrogatories of the Judge or Commissioners, as the case may be, shall refuse to cohabit with the petitioner, the Judge, if upon consideration of the respondent's answers and of the facts which may have been proved by the petitioner he shall be of opinion that the ground for: such refusal is the petitioner's change of religion, shall make an order adjourning the case for a year, and directing that, in the interring, the parties shall, at such place and time as he shall deem convenient, have an interview of such length as the Judge shall direct, and in the presence of such person or persons (who may be a female or females) as the Judge shall select, with the view of ascertaining whether or not the respondent freely and voluntarily persists in such refusal.(Adjournment for a year.Interview.)
View Complete Act List Judgments citing this sectionCONVERTS' MARRIAGE DISSOLUTION ACT, 1866 Section 21
Title: Proof of marriage and desertion of petitioner in consequence of conversion
State: Central
Year: 1866
At any stage of a suit instituted under this Act, cohabitation as man and wife shall be sufficient presumptive evidence of the marriage of the parties, and proof of the respondent's refusal or voluntary neglect to cohabit with the petitioner, after his or her change of religion and after knowledge thereof by the respondent, shall be sufficient evidence of the respondent's desertion or repudiation of the petitioner, and shall also be sufficient evidence that such desertion or repudiation was in consequence of the petitioner's change of religion, unless some other sufficient cause for such desertion or repudiation be proved by the respondent.
View Complete Act List Judgments citing this sectionPresidency Small Cause Courts Act, 1882 Section 22
Title: Costs when Plaintiff Sues in High Court in Other Cases Cognizable by Small Cause Court
State: Central
Year: 1882
If any suit cognizable by the Small Cause Court, other than a suit to which section 21 applies, is instituted in the High Court, and if in such suit the plaintiff obtains, in the case of a suit founded on contract, a decree for any matter of an amount or value less than {Substituted by section 11, ibid., for "two thousand"} [one thousand] rupees, and in the case of any other suit a decree for any matter of an amount or value of less than three hundred rupees, no cost shall be allowed to the plaintiff; and if in any such suit the plaintiff does not obtain a decree, the defendant shall be entitled to his costs {In the application of the Act to Madras, these words have been substituted by certain other words: see Mad.Act 1 of 1945, section 3} [as between attorney and client]. The foregoing rules shall not apply to any suit in which the Judge who tries the same certifies that it was one fit to be brought in the High Court.
View Complete Act List Judgments citing this sectionWaste Lands (Claims) Act, 1863 Section 10
Title: Plaintiff and Defendant in Suit Under Section 5
State: Central
Year: 1863
In every suit instituted under section 5 of this Act, the claimant of the waste land, or objector to the sale or other disposition of such land, shall appear as plaintiff; and the Collector, or other officer aforesaid, shall appear as defendant on the part of {Subs.by the A.O.1937 for " Govt."}[the State Government]. Appearance.- Either party may appear by pleader or by agent: Proviso.- Provided that if such other officer as aforesaid be the presiding officer of the principal Civil Court of original jurisdiction in the district, the State Government shall appoint some other officer to appear as defendant in the case on its behalf. Plaintiff and defendant in suits under section 6.- In any suit ordered to be instituted {The words " by the L.G." rep.by Act 4 of 1914, Sch., Pt.I.} under section 6 of this Act, {Subs.by the A.O.1937 for " Govt."}[the State Government] by any officer, to be appointed for the purpose, shall appear as plaintiff; and the claimant or objector as aforesaid shall appear as defendant.
View Complete Act List Judgments citing this sectionBombay City Civil Court Act, 1948, (Maharashtra) Section 13
Title: Costs to Be Disallowed when Plaintiff Sues in High Court Instead of in City Court
State: Maharashtra
Year: 1948
If in any suit instituted in the High Court the Judge who tries it is of the opinion that it ought to have been instituted in the City Court and in such suit-- (a) if the plaintiff does not obtain a decree, the defendant shall be entitled to his costs as between attorney and client; or (b) if the plaintiff obtains a decree for any matter of an amount or value less than the maximum amount of the pecuniary jurisdiction of the City Court, no costs shall be allowed to the plaintiff.
View Complete Act List Judgments citing this sectionRepresentation of the People Act, 1951 Section 84
Title: Relief That May Be Claimed by the Petitioner
State: Central
Year: 1951
1[84. Relief that may be claimed by the petitioner.- A petitioner may, in addition to claiming a declaration that the election of all or any of the returned candidates is void, claim a further declaration that he himself or any other candidate has been duly elected.] ______________________ 1. Substituted by Act 27 of 1956, Section 47, for section 84.
View Complete Act List Judgments citing this sectionCONVERTS' MARRIAGE DISSOLUTION ACT, 1866 Section 25
Title: Petitioners cruelty or adultery to bar suit
State: Central
Year: 1866
If at any stage of the suit it be proved that the respondent has deserted or repudiated the petitioner solely or partly in consequence of the petitioner's cruelty or adultery, the Court shall pass a decree dismissing the suit and stating the ground of such dismissal. A suit dismissed under this section shall not be revived.
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