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Home Bare Acts Phrase: separation Page 1 of about 2,987 results (0.015 seconds)Parsi 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 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 sectionBombay Hindu Divorce (Decrees Validation) Act, 1958, (Maharashtra) Preamble
Title: the Bombay Hindu Divorce (Decrees Validation) Act, 1958
State: Maharashtra
Year: 1958
.....for a continuous period of 4 years before the commencement of the Hindu Marriage Act, 1955, filed suits for divorce under one or other of those Acts, read with sections 29 and 30 of the Central Hindu Marriage Act; and it appears that divorces in certain cases were actually granted. Subsequently in Sitabai Ramchandra v. Ramchandra Raghunath Todankar, Appeal No. 94/1956, a Full Bench of the Bombay High Court decided that any right which may have accrued to obtain a divorce for desertion under the Bombay Hindu Divorce Act, 1947, could not be prosecuted after the repeal of the Act by the Hindu Marriage Act, 1955, as such desertion must be continuous until the filing of the suit. After the commencement of the Central Act a suit for divorce could be filed only under that Act. Consequently, divorces granted were illegal. The High Court suggested that as a considerable number of such divorces may have been granted by the Courts erroneously, the State Government should take action to validate them by legislation. This Act gives effect to this suggestion of the High Court. As the Saurashtra Hindu Divorce Act, 1952, follows subsequently the Bombay Act, divorces granted in similar.....
View Complete Act List Judgments citing this sectionDivorce Act, 1869 Chapter 5
Title: Judicial Separation
State: Central
Year: 1869
.....of contract, and wrongs and injuries, and suing and being sued in any civil proceedings; and her husband shall not be liable in respect of any contact, act or costs entered into, done, omitted or incurred by her during the separation: Provided that where, upon any such judicial separation, alimony has been decreed or ordered to be paid to the wife, and the same is not duly paid by the husband, he shall be liable for necessaries supplied for her use: Provided also that nothing shall prevent the wife from joining, at any time during such separation, in the exercise of any joint power given to herself and her husband. Section 26 - Reversal of Decree of Separation: Decree of separation obtained during absence of husband or wife may be reversed Any husband or wife, upon the application of whose wife or husband, as the case may be, a decree of judicial separation has been pronounced, may, at any lime thereafter, present a petition to the Court by which the decree was pronounced, praying for a reversal of such decree, on the ground that it was obtained in his or her absence, and that there was reasonable excuse for the alleged desertion, where desertion was the ground of such.....
View Complete Act List Judgments citing this sectionEvacuee Interest Separation Act 1951 [Repealed] Chapter II
Title: Separation of Evacuee Interest in Composite Property
State: Central
Year: 1951
.....or the claimant the amount payable under the mortgage debt and redeem the mortgaged property; or (ii) sell the mortgaged property for satisfaction of the mortgage debt and distribute the sale proceeds thereof; or (iii) partition the property between the mortgagor and the mortgagee having regard to the share to which the mortgagee would be entitled in lieu of his claim; (c) adopt a combination of all or some of the aforesaid measures: Provided that before taking any measure under this section, the competent officer shall take into account the order of preference filed by the claimant under clause (f) of sub-section (2) of section 7; and in any case where the claimant is a mortgagor and tenders the amount due, the competent officer shall accept the same in full satisfaction of the mortgage debt. Section 11 - Vesting of evacuee interest in the Custodian free from encumberances and payments, etc., to be valid discharge from all claims (1) Where in respect of any property, notice under section 6 is issued but no claim is filed or found to exist or where any claim in respect of such property is found to exist and the competent officer separates the evacuee interest.....
View Complete Act List Judgments citing this sectionParsi Marriage and Divorce Act, 1936 Section 32A
Title: Non-resumption of Cohabitation or Restitution of Conjugal Rights Within One Year in Pursuance of a Decree to Be Ground for Divorce
State: Central
Year: 1936
.....upwards after the passing of a decree for judicial separation in a proceeding to which they were parties; or (ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties. (2) No decree for divorce shall be granted under sub-section (1) if the plaintiff has failed or neglected to comply with an order for maintenance passed against him under section 40 of this Act or section 488 of the Code of Criminal Procedure, 1898 (5of 1898) or section 125 of the Code of Criminal Procedure, 1973 (2 of 1974). ________________________ 1. Inserted by the Marriage and Divorce (Amendment) Act, 1988, w.e.f. 15-04-1988.
View Complete Act List Judgments citing this sectionDivorce Act, 1869 Section 25
Title: Separated Wife Deemed Spinster for Purposes of Contract and Suing
State: Central
Year: 1869
In every case of a judicial separation under this Act, the wife shall, whilst so separated, be considered as an unmarried woman for the purposes of contract, and wrongs and injuries, and suing and being sued in any civil proceedings; and her husband shall not be liable in respect of any contact, act or costs entered into, done, omitted or incurred by her during the separation: Provided that where, upon any such judicial separation, alimony has been decreed or ordered to be paid to the wife, and the same is not duly paid by the husband, he shall be liable for necessaries supplied for her use: Provided also that nothing shall prevent the wife from joining, at any time during such separation, in the exercise of any joint power given to herself and her husband.
View Complete Act List Judgments citing this sectionEvacuee Interest Separation Act 1951 [Repealed] Amending Act I
Title: Evacuee Interest (Separation) Amendment Act 1960
State: Central
Year: 1951
THE EVACUEE INTEREST (SEPARATION) AMENDMENT ACT, 1960 [Act, No. 27 of 1960] [3rd September, 1960] PREAMBLE An Act to amend the Evacuee Interest (Separation) Act.1951. BE it enacted by Parliament in the Eleventh Year of the Republic of India as follows:- 1.Short title and commencement (1) This Act may be called the Evacuee Interest (Separation) Act, 1960. (2).It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 2. Amendment of section 6 After sub-section (2) of section 6 of the Evacuee Interest (Separation) Act, 1951 (64 of 1951) (hereinafter referred to as the principal Act), the following sub-section shall be inserted, namely:- (3) No application under this section shall be entertained if filed after the expiry of one year from the commencement of the Evacuee Interest (Separation) Amendment Act.1960''. 3. Amendment of section 7 In sub-section (1) of section 7 of the principal Act, the proviso shall be omitted.
View Complete Act List Judgments citing this sectionDivorce Act, 1869 Section 24
Title: Separated Wife Deemed Spinster with Respect to After-acuqired Property
State: Central
Year: 1869
In every case of a judicial separation under this Act, the wife shall from the date of the sentence, and whilst the separation conlinues, be considered as unmarried with respect to property of every description which she may acquire, or which may come to or devolve upon her. Such property may be disposed of by her in all respects as an unmarried woman, and on her decease the same shall, in case she dies intestate, go as the same would have gone if her husband had been then dead: Provided that, if any such wife again cohabits with her husband, all such property as she may be entitled to when such cohabitation takes place shall be held to her separate use, subject, however, to any agreement in writing made between herself and her husband whilst separate.
View Complete Act List Judgments citing this sectionDivorce Act, 1869 Section 60
Title: Decree for Separation or Protection-order Valid as to Persons Dealing with Wife Before Reversal
State: Central
Year: 1869
.....discharge or variation of such decree or order shall affect any rights or remedies which any person would otherwise have had in respect of any contracts or acts of the wife entered into or done between the dates of such decree or order, and of the reversal, discharge or variation thereof. Indemnity of persons making payment to wife without notice of reversal of decree or protection order. All persons who in reliance on any such decree or order make any payment to, or permit any transfer or act to be made or done by, the wife who has obtained the same shall, notwithstanding such decree or order may then have been reversed, discharged or varied, or the separation of the wife from her husband may have ceased, or at some time since the making of the decree or order been discontinued, be protected and indemnified as if, at the time of such payment, transfer or other act, such decree or order were valid and still subsisting without variation, and the separation had not ceased or been discontinued. unless, at the lime of payment, transfer or other act, such persons had notice of the reversal, discharge or variation of the decree or order or of the cessation or discontinuance.....
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