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Henry Fernandes and Etc. Vs. Succorinha Fernandes and Etc.

Court : Mumbai

Subject : Family

Acts : Divorce Act, 1869 - Sections 10

Reported in : AIR2001Bom208; 2001(2)ALLMR93; 2001(3)BomCR360; II(2001)DMC536; 2001(2)MhLj806

The petitioner brought M.J. Suit No. 318 of 1998 before this Court under Section 10 of the Indian Divorce Act, 1869 praying for a decree of divorce between himself and respondent on the ground that the respondent is guilty … then there could be no reason for such a power not to be specified under the provisions of Chapter XII of the Code. In terms of Section 41, a police officer may arrest a person without a … such a power not to be specified under the provisions of Chapter XII of the Code. In terms of Section 41, a police officer may

Mathew Varghese Vs. Rosamma Varghese

Court : Kerala

Subject : Family

Acts : Christian Law

Reported in : AIR2003Ker312; 2003(4)CTC193; (2004)186CTR(Ker)172; I(2004)DMC148; 2003(3)KLT6

under Section 9 and Order 32-A of theCode of Civil Procedure. Sections 41 to 44 of the Indian Divorce Act, 1869 recognize andregulate the right to maintenance. He further submitted that Section 23(2) of the HinduAdoptions and Maintenance Act, … his children, so the God pities those who fear him'. Epistle of St. Paul to Thimothios (First Timothy. Chapter 5. Verse 8V'If anyone does not take care of his relatives especially the members of his own family, … plaintiff?4. Whether 1st plaintiff is not entitled to get interest claimed at 12% per annum?5. Is suit barred by limitation?6. Relief and Costs.7. Issue Nos.

Suja Ani G., Vs. George Skariah P

Court : Kerala

Subject : Education

of the Code of Civil Procedure, which was invoked by the respondent, can apply to proceedings under the Divorce Act, 1869 only, in so far as the procedural matters are concerned and nothing else. Therefore, according to the learned … of Civil Procedure has been made applicable to proceedings under the Divorce Act by Section 35, occurring in Chapter XII. Chapter XII of the Divorce Act lays down the procedure to be followed and Section 45 says … to proceedings under the Divorce Act by Section 35, occurring in Chapter XII. Chapter XII of the Divorce Act lays down the procedure to be

Ammini E.J. and Etc. Vs. Union of India (Uoi) and ors.

Court : Kerala

Subject : Family

Acts : Divorce Act, 1869 - Sections 10 and 22; Constitution of India - Articles 13, 14, 15 and 21; Code of Criminal Procedure (CrPC) - Sections 488; Evidence Act, 1872 - Sections 112 and 115; Hindu Marriage Act, 1955; Parsi Marriage and Divorce Act, 1936; Muslim Marriage Act, 1939; Special Marriage Act, 1934; Foreign Marriage Act, 1969

Reported in : AIR1995Ker252

Ramakrishnan, J. 1. The constitutional validity of Section 10 of the Indian Divorce Act, 1869 (for short 'the Act') which regulated divorce among Christians in India for a century and a quarter is … based on the biblical principle that 'What God, then has joined, let not man put as under (Mathew, Chapter XIX, Verse 6) and how a Christian priest and a Christian institute for the study of Religion and … de facto dead is not so declared de jure without any fuss. 12. The Act is evidently pre-constitution legislation passed by the British Parliament adopting

Mary Sonia Zachariah Vs. Union of India (Uoi) and ors.

Court : Kerala

Subject : Family

Acts : Indian Divorce Act, 1869 - Sections 10 and 22; Constitution of India - Articles 13, 14, 15, 19 and 21; Hindu Marriage Act, 1955; The Dissolution of Muslim Marriage Act, 1939; The Parsi Marriage and Divorce Act, 1936; The Special Marriage Act, 1954; The Foreign Marriage Act, 1969

Reported in : II(1995)DMC27

T.V. Ramakrishnan, J.1. The constitutional validity of Section 10 of the Indian Divorce Act, 1869 (for short 'the Act') which regulated divorce among Christians in India for a century and a quarter is … Pleader based on the biblical principle that 'What God, then has joined, let not man put asunder (Mathew, Chapter XIX, Verse 6) and how a Christian Priest and a Christian Institute for the Study of Religion and … Special Marriage Act. In T.M. Bashiam v. M. Victor (AIR 1970 Madras 12) a Special Bench of the same Court after referring to the observations

Supriyo @ Supriya Chakraborty Vs. Union Of India

Court : Supreme Court of India

Subject : Land Acquisition

of the exercise of constitutional rights before they exercise them. VI. Divorce 120. Section 10 of the Indian Divorce Act 1869, which is applicable to Christians, previously permitted the husband to file a petition for divorce on the ground … similar family environment and naturally seeks out a family environment which is comparable to their birth family; b. Chapter II of the JJ Act which lays down the General Principles of Care and Protection of Children stresses … ................. 111 v. The nature of fundamental rights: positive and negative postulates 122 4 vi. Approaches to identifying unenumerated rights ............................... 126 vii. The scope

Mozelle RobIn Solomon Vs. Lt. Col. R.J. Solomon

Court : Mumbai

Subject : Family

Reported in : (1979)81BOMLR578

statute and is available only if a statute applicable to the parties so provides, for example, the Indian Divorce Act, 1869 the Parsi Marriage and Divorce Act, 1936; the Special Marriage Act, 1954 or the Hindu Marriage Act, 1955. … teacher to pupil and from generation to generation. This traditional view takes the twelfth verse of the twenty-fourth chapter of the Book of Exodus for its Scriptural basis : -And the Lord said unto Moses, Come up … is a suit brought with leave granted by the Court under Clause 12 of the Letters Patent by a wife against her husband and the

Rosy Kurian Kannanaikal Vs. Joseph Verghese Cheeran

Court : Karnataka

Subject : FamilyCivil

Acts : Divorce Act, 1869 - Sections 10, 10A, 14, 16, 17, 19 and 20; ;Family Courts Act, 1984 - Sections 19 and 19(1); Divorce (Amendment) Act, 2001- Sections 29 and 55

Reported in : II(2002)DMC79; ILR2002KAR1831; 2004(3)KarLJ75

of a decree for dissolution of marriage or nullity of marriage, under Sections 17 and 20 of the Divorce Act, 1869, is necessary where such decree is granted by a Family Court, under the Family Courts Act, 1984?(ii) Whether … order passed by the Family Court with the consent of the parties or from an order passed under Chapter IX of the Code of Criminal Procedure, 1973 ( 2 of 1974): Provided that nothing in this sub-section

Kamal V.M. AllaudIn and Etc. Etc. Vs. Raja Shaikh and Etc. Etc.

Court : Mumbai

Subject : Family

Acts : Family Court's Act, 1984 - Sections 2, 3, 7, 8, 9, 10, 19, 20 and 28; Code of Civil Procedure (CPC), 1908 - Sections 2(4) and 9; Maharashtra Family Rules, 1987 - Rule 35; Family Courts (Court) Rules, 1988 - Rule 50; Code of Criminal Procedure (CrPC) , 1973; Civil Court Act; Hindu Bigamous Marriages Act, 1946; Bombay Matrimonial (Transfer of Cases), Act, 1950 - Sections 4A, 19 and 35; Indian Divorce Act, 1945; Bombay City Civil Court Act, 1869 - Sections 3, 4, 5 and 12; Special Marriage Act, 1954; Foreign Marriage Act, 1969 - Sections 18(2); Hindu Marriage Act, 1956; Hindu Marriage Act, 1955 - Sections 29(2); Indian Divorce Act, 1869; Parsi Marriage and Divorce Act, 1936 - Sections 18; Muslim Marriage Act, 1939 - Sections 15; General Clauses Act, 1897;

Reported in : AIR1990Bom299

intact.19. There are two other principal statutes of which note is required to be taken. Under the Indian Divorce Act, 1869, the term 'High Court' has been explained in the Interpretation Clause. Under Section 3(1) 'High Court' means,--'With reference … in the Code of Civil Procedure, 1908, shall have the meanings respectively assigned to them in the Code.'6. Chapter III of the Act deals with jurisdiction.7. It is necessary to set out Ss. 7 and 8 of … matrimonial matters between Christians and the other jurisdiction was referable to Clause 12 of the Letters Patent, that distinction has been done away with when

Mr. Anil Kumar Vasant Lokhande Vs. Mr. Purushottam Vinayak Sansare and ...

Court : Mumbai

Subject : Family

Reported in : (1994)96BOMLR373

for dissolution of marriage is decree nisi and is subject to Sections 16 and 17 of the Indian Divorce Act, 1869. The question has become important in view of the clear ratio laid down by the Full Bench of … Virbala filed petition for divorce against her husband being Marriage Petition No, 12 of 1968 in the District Court, Pune. The petition was dismissed by … Court have original civil jurisdiction to try the petition for dissolution of marriage.20. Coming to the provisions in Chapter III about dissolution of marriage, it is pertinent to note that the wife can file a suit for