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Jul 09 2003

Mathew Varghese Vs. Rosamma Varghese

Court : Kerala

Decided on : Jul-09-2003

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,

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Apr 05 2002

Rosy Kurian Kannanaikal Vs. Joseph Verghese Cheeran

Court : Karnataka

Decided on : Apr-05-2002

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 consent of the parties or from an order passed under Chapter IX of the Code of Criminal Procedure, 1973 ( 2 of 1974): Provided

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Jun 15 2006

Josekutty Joseph Vs. Aniamma Thomas

Court : Kerala

Decided on : Jun-15-2006

Subject : Family

Acts : Family Courts Act, 1984 - Sections 7, 7(1), 8 and 18; Constitution of India - Articles 226 and 227; Code of Criminal Procedure (CrPC) , 1973 - Sections 127; Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 13, 17, 31 and 31A; Hindu Marriage Act, 1955; Indian Divorce Act, 1869; Special Marriage Act, 1954; Guardians and Wards Act, 1890; ; ;Code of Civil Procedure (CPC) , 1908 - Order 21, Rule 10 - Order 9, Rule 13(1)

Reported in : AIR2006Ker337; II(2006)DMC464; 2006(3)KLT114

claims for reliefs under the personal laws or special statutes such as the Hindu Marriage Act, 1955, Indian Divorce Act, 1869, the Special Marriage Act, 1954, the Guardians and Wards Act, 1890 etc. what is contemplated is not a … that sub-section;(b) no magistrate shall, in relation to such area, have or exercise any jurisdiction or powers under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974);(c) every suit or proceeding of the nature … been established for the area.3. Ali Haji v. Alima 1996 (2) KLT 997 (Single Judge)Eventhough civil court decree was after the establishment of the Family

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Oct 12 2007

Smt. Baby Deb Vs. Ajit Deb

Court : Guwahati

Decided on : Oct-12-2007

Subject : CivilFamily

xxx xxx xxx(iii) to obtain a declaratorydecree where no consequentialrelief is prayed Twenty rupees.20. Every petition under theIndian Divorce Act, 1869 (Act IVof 1869) except petitions underSection 44 of the same Act, andevery memorandum of appeal underSection 55 of … instituted before the Family Court will be by way of a petition. However, in respect of applications under Chapter IX of the Criminal Procedure Code the provisions of that Code shall apply.11. Appendix 14 of the Gauhati … proceedings under the Act shall be initiated by petition viz.-(i) Under Section 9 for restitution of conjugal rights.(ii) Under Section 10(1) and (2) for Judicial

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Mar 06 2008

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

Court : Karnataka

Decided on : Mar-06-2008

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 … was promulgated in Portugal by an enactment, on 1st July 1867. Article 9 of the said enactment empowered the Government to extend the Civil Code … 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

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Feb 24 1995

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

Court : Kerala

Decided on : Feb-24-1995

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 grounds for dissolution of marriage for a wife under the Act. 9. Union of India has filed a counter affidavit opposing the reliefs prayed

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Feb 24 1995

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

Court : Kerala

Decided on : Feb-24-1995

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 … Act, 1869 as suggested by the Law Commission of India in their 90th report.'In the circumstances, a strong appeal was made not to interfere with

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Oct 17 2023

Supriyo @ Supriya Chakraborty Vs. Union Of India

Court : Supreme Court of India

Decided on : Oct-17-2023

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 … India and the reasons for the re-assertion of the queer identity .................................................................. 91 d. Who is an Indian and what practices are Indian?. .................................. 95

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Apr 29 1994

Smt. Shahnaz Shaharyari Alias ShirIn Shaharyari, Nagpur Vs. Dr. Vijay ...

Court : Mumbai

Decided on : Apr-29-1994

Subject : Family

Acts : Guardians and Wards Act, 8 of 1890 - Sections 9; Family Courts Act, 66 of 1984 - Sections 7, 9 and 39; Code of Civil Procedure (CPC), 1908 - Sections 9, Order 21, Rule 22; Evidence Act, 1 of 1872 - Sections 114; Constitution of India - Articles 226 and 227; Hindu Minority and Guardianship Act - Sections 4(5), 6, 7, 8, 9, 17 and 25; Code of Criminal Procedure (CrPC) - Sections 125; Indian Divorce Act, 1869; Foreign Marriage Act, 1969 - Sections 18; Special Marriage Act, 1954 - Sections 24, and Sections 27(1)

Reported in : AIR1995Bom30; 1996(1)BomCR473; (1996)96BOMLR678

is the Indian citizen while the petitioner is a resident of Iran. 21. The provisions of the Indian Divorce Act, 1869, are not applicable to the instantcase, because S. 2 of the Indian Divorce Act, 1869, provides that the … submitted that the provisions of S. 19 of the Family Courts Act, 1984, which provide specific remedy under Chapter V by way of appeal from every judgment or order to the High Court, both on facts and … Court of the officer to whom such proceeding has been transferred.' Section 9 of the Guardians and Wards Act, 1890, deals with jurisdiction of the

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Mar 07 1990

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

Court : Mumbai

Decided on : Mar-07-1990

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 … or disposal to the Court of any other such District Judge. Section 9 provides that when any question of law or usage having the force

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