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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 … are not changed by the legislature, such laws are protected by Article 13 of the Constitution of India. While changing a personal law like the

P.V. Josheph Christian Vs. Deenamma Josheph Christian

Court : Gujarat

Subject : FamilyCivil

Acts : Divorce Act, 1869 - Sections 10 and 17; Divorce (Amendment) Act, 2001; Gujarat High Court Rules, 1993 - Rule 197

Reported in : II(2004)DMC592; (2003)1GLR196

Rules Nos. 13 and 16 of the Divorce (District Court) Rules, 1929 and also Rule 197 incorporated in Chapter 18 of the Gujarat High Court Rules, 1993 relating to the procedure for confirmation of a decree under … has been put in focus, for our consideration and adjudication in this reference, under Section 17 of the Divorce Act, 1869 (the Act) by the District Court, Ahmedabad Rural at Mirzapur Court, arising out of Civil Suit No. 3

Usborn Lewis Vs. Phylis Jordan

Court : Delhi

Subject : Family

Acts : Indian Divorce Act - Sections 10

Reported in : AIR1986Delhi72; 1986RLR175

back to the Adj for a fresh decision and refused to exercise power u/s 8 of the Indian Divorce Act, 1869 as (the'Act') and also without disposing of the main appeal on merits. (2) The facts of the case … nisi or any order under the Act made either by a High Court either in appeal or otherwise. Chapter Xiii relates to provisions regarding re-marriage after a decree for dissolution of marriage is granted. (9) It will, … may be dissolved on the ground specified in the said section. S. 13 empowers the District Judge to dismiss the petition in case he is

Akshat Commercial Pvt. Ltd. and anr. Vs. Kalpana Chakraborty and ors.

Court : Kolkata

Subject : BankingLimitation

Acts : Limitation Act, 1963 - Sections 2, 2(1), 4 to 29 and 31 - Schedule - Articles 118 to 137; ;Limitation Act, 1908 - Schedule - Articles 97 and 182; ;Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 - Sections 13(1), 13(4), 13(5), 17, 17(1), 17(4), 17(5), 17(6), 17(7), 24, 34, 35, 36 and 37; ;Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Section 24; ;Companies Act, 1956; ;Securities Contracts (Regulation) Act, 1956; ;Securities and Exchange Board of India Act 1992; ;Indian Contract Act, 1872 - Section 25; ;Indian Easements Act, 1882 - Section 2; ;West Bengal Land Reforms (Amendent) Act, 1972 - Sections 6, 7, 8 and 9; ;Arbitration Act, 1940 - Section 20 and 20(2); ;Indian Divorce Act, 1869; ;Uttar Pradesh Ag

a suit and the parties are described as plaintiff and defendant respectively. Similarly, matrimonial suits under the Indian Divorce Act, 1869 are originated by filing a petition (Vide Chapter XXXVA of the Original Side Rules of this Court). A … up thus:The property involved in the writ-application was sold by the Allahabad Bank by taking recourse to Section 13(4) of the SARFAESI Act and was purchased by the present appellants. Disputing the legality of the notice under

Serish Maji Vs. Nishit Kumar Dolui

Court : Kolkata

Subject : Property Limitation

Acts : Limitation Act, 1963 - Sections 2, 2(1), 4, 5, 5(5), 6, 7, 8, 9, 11, 14, 14(2), 15, 16, 17, 21, 29, 29(2) and 31 - Schedule - Articles 97;; West Bengal Land Reforms Act, 1955 - Sections 3, 4, 5 to 7, 8, 9 to 13, 14M, H, O, 15 to 24, 25 and 140;; Constitution of India - Articles 118 to 137 and 226;; Arbitration Act, 1940 - Section 20(2);; Calcutta High Court Original Side Rules - Rules 4 and 28;; Code of Civil Procedure (CPC), 1908 - Sections 11 and 26;; West Bengal Land Reforms Rules, 1965 - Rule 26;; Indian Divorce Act, 1869;; Administrative Tribunals Act, 1985 - Section 29;; West Bengal Land Reforms (Amendment) Act, 1972 - Section 7;; Kerala Building (Leasing and Rent Control) Act, 1965 - Section 18;; Rent Act, 1959;; Indian Limitation (Amendment) Act, 1908 - Sections 5 and

Reported in : (2000)2CALLT125(HC)

a suit and the parties are described as plaintiff and defendant respectively. Similarly, matrimonial suits under the Indian Divorce Act,1869 are originated by filing a petition (Vide Chapter XXXVA of the Original Side Rules of this Court). … within the first class of proceedings. Applications, according to the Limitation Act, are governed by Article 118 to 137. Characteristically they are in connection with or ancillary to a suit, its decree or execution. They are not,

Saeesh Subhash Hegde S/O Late Subhash Rayu Hegde Vs. Darshana Saeesh H ...

Court : Karnataka

Subject : Family

Acts : Hindu Marriage Act, 1955 - Sections 7, 13(1), 19 and 24; Special Marriage Act, 1954 - Sections 13 and 28; Goa, Daman and Diu Administration Act, 1962; Transfer of Property Act; Sale of Goods Act; Contract Act; Easements Act; Mysore High Court Act - Sections 6; Bombay Prevention of Hindu Bigamous Manages Act, 1946; Jammu and Kashmir Hindu Marriage Act, 1980 - Sections 13 and 21; Code of Civil Procedure (CPC) , 1908 - Sections 25; Constitution of India - Articles 226 and 227; Hindu Law

Reported in : AIR2008Kant142; ILR2008(3)Kar3881; 2008(3)KCCR1657; 2008(4)AIRKarR46; 2008AIHC2745.

Law. The Portuguese Family Law contains special provisions regarding dissolution of marriage with specific grounds under which a divorce can he granted which includes, adultery, conviction in a criminal case, ill-treatment or serious injuries, complete abandonment of … registered under the P.C. Code, Article 5 of the Law of Divorce, Chapter-II, on dissolution of marriage pertaining to Portuguese Family Laws, docs provide that … matrimonial case before the Family Court, Belgaum in M.C. No. 75/2006 under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (hereinafter referred to as the 'HM Act' for brevity) on the several allegations made therein. She had

M. Vijaya Vs. Chairman and Managing Director, Singareni Collieries Co. ...

Court : Andhra Pradesh

Subject : Constitution

Acts : Constitution of India - Articles 14, 19(1), 20, 21, 38, 39, 47 and 226; Bio-Medical Waste (Management and Handling) Rules, 1998; Epidemic Diseases Act, 1897; Epidemic Diseases (Amendment) Act, 1987; Andhra Pradesh Public Health Act, 1939 - Sections 52; Societies Registration Act; Drugs Control Act; Immoral Traffic (Prevention) Act, 1956 - Sections 10-A, 17(4) and 19(2); Prisons Act, 1894 - Sections 24, 37, 38 and 39; Andhra Pradesh Prisons Rules, 1979 - Rules 583 to 653 and 1007 to 1014; Dissolution of Muslim Marriage Act, 1939 - Sections 2; Parsi Marriage and Divorce Act, 1936 - Sections 32; Indian Divorce Act, 1869 - Sections 10; Hindu Marriage Act, 1956 - Sections 13; Special Marriage Act, 1955 - Sections 27; Indian Penal Code (IPC), 1860 - Sections 269 and 270

Reported in : I(2002)ACC32; 2002ACJ32; 2001(5)ALD522; 2001(5)ALT154

of Muslim Marriage Act, 1939, Section 32 of Parsi Marriage and Divorce Act, 1936, Section 10 of Indian Divorce Act, 1869, Section 13 of Hindu Marriage Act, 1956 and Section 27 of the Special Marriage Act, 1955 make incurable

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 … of the ‘intimate zone’ ................ 128 viii. The right to marry .............................................................................. 133 a. Have the courts recognised the right to marry?. ................................... 133 b.

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 … are not changed by the legislature, such laws are protected by Article 13 of the Constitution of India. While changing a personal law like 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 … The petitioner has in fact filed an application I.A. No. I on 13-1-2002 for this purpose. Learned Counsel for the parties submit that as these