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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 … Act. At the time of filing the O, P. she was aged 36 and was working as an Asst. Warden at Corpus Christi School, Kottayam.

N. Sarada Mani Vs. G. Alexander and anr.

Court : Andhra Pradesh

Subject : Family

Acts : Divorce Act, 1869 - Sections 10; Constitution of India - Article 14

Reported in : AIR1998AP157; 1997(6)ALT270

fill-in the void by suitable legislation. A pre-constitution discrimination by the provision in Section 10 of the Indian Divorce Act, 1869, it is rightly held by the Full Bench in Youth Welfare Federation case (supra), cannot survive the test … possible to harmonise and synthesise the provisions of a Pre-constitutional enactment in conformity with the provisions of the Chapter III, it is always desirable.14. As already stated, reference to the circumstances existing at the time of the … avoid striking down the Pre-constiiutional statute being in conflict with the Part III of the Constitution. If the language of Act is such as to

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, … also given. Subsequently, she had sent cheques for a total of Rs. 35,757.81 ps. to him for being kept in fixed deposit. The defendant had

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 … by a three Judges Bench. The reference was numbered as C.R.C. No. 31 of 1999. However, the respondent-husband preferred an appeal under Section 19(1) of

Kanku D/O Dhulabhai Dahyabhai Vs. Khristi Shanabhai Fulabhai

Court : Gujarat

Subject : Family

Reported in : (1968)9GLR511

Shanabhai null and void, subject to the declaration being confirmed by this Court under Section 20 of the Divorce Act, 1869 (hereafter called 'the Act'). The learned District Judge by his letter, dated 1st March 1962, has sent the … The Act contains a number of sections dealing with the question of the jurisdiction. These sections are in Chapter II of the Act and run from Sections 4 to 9. The important sections which require to be … shall grant and direct. Under the authority thus conferred by Parliament, the 35th section of the Letters Patent, provided as follows:And we do further ordain

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

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 … 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

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 … the respondent, according to the petitioner, had gone over to Goa on 31.12.2002 to give the joint declaration in the office of the Sub-Registrar, Margao

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 … - three daughters, Rose, June and Esther, respectively aged 20, 18 and 3 years when this petition was filed, and a son named Joseph aged

BenzmIn Vs. Rundbhai

Court : Madhya Pradesh

Subject : FamilyCivil

Acts : Divorce Act, 1869 - Sections 22, 23. 24 and 25

Reported in : AIR1989MP25; 1988MPLJ500

the learned District Judge, Hoshangabad for confirmation of decree of judicial separation under Section 17 of the Indian Divorce Act, 1869 (hereinafter referred to as 'the Act') passed in Matrimonial Civil Suit No. 38-A of 1986.2. The petitioner and … first examine whether the law requires a decree for judicial separation to be confirmed by the High Court.5. Chapter III of the Divorce Act contains Sections 10 to 17 which deal with dissolution of marriage. Section 10 … (hereinafter referred to as 'the Act') passed in Matrimonial Civil Suit No. 38-A of 1986.2. The petitioner and respondent were married according to the Christian

Youth Welfare Federation Rep. by Its Chairman, K.J. Prasad Vs. Union o ...

Court : Andhra Pradesh

Subject : Constitution

Acts : Indian Divorce Act, 1869 - Sections 2, 10, 22 and 26; Constitution of India - Articles 13, 13(1), 13(2), 13(3), 14, 15 , 19(2) to 19(6), 21, 44, 141, 366, 366(10), 372, 372(1), 372(2), 372(3) and 395; Personal Law; Government of India Act, 1935 - Sections 292 and 293; Administrative Law; Constitutional Law; Indian Divorce (Amendment) Act, 1927; Indian Divorce (Amendment) Act, 1948; Indian Divorce (Amendment) Act, 1950; Indian Divorce (Amendment) Act, 1912; Indian Divorce (Amendment) Act, 1926; Indian Divorce (Amendment) Act, 1951; Indian Independence Act, 1947 - Schedule - Article 395; International Law; National Law

Reported in : 1996(4)ALT1138

under the Matrimonial Causes Act, 1965 are listed in Latey on Divorce, 15th Edition in Para 2.90 in Chapter 3 of which the first is 'adultery of the other spouse during the marriage'. After the Matrimonial Causes Act, … this Bench in the context of consideration of the vires of Sections 10 and 22 of the Indian Divorce Act, 1869 (hereinafter referred to as 'the Act.').2. W.P. No. 9717 of 1983 was filed as public interest litigation raising