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Mrs. Pragati Varghese and Etc. Vs. Cyril George Varghese and Etc.
Mumbai
May-06-1997
Civil
Divorce Act, 1869 - Sections 10, 16, 17 and 20; Constitution of India - Articles 2, 13, 14, 15, 21, 38(2) and 44; High Court Original Side Rules, 1980 - Rule 28; Hindu Marriage Act, 1955 - Sections 7 and 13(1A); Dissolution of Muslim Marriages Act, 1939; The Parsi Marriage and Divorce Act, 1936; The Special Marriage Act, 1954; The Foreign Marriage Act, 1959 - Sections 22; Matrimonial Causes Act, 1857; Matrimonial Causes Act, 1923; Matrimonial Causes Act, 1937; Divorce Reforms Act, 1969; Matrimonial Causes Act, 1973 - Sections 1 and 3; Code of Criminal Procedure (CrPC) , 1973 - Sections 125 and 488; Indian Penal Code (IPC), 1860 - Sections 377 and 498-A; Evidence Act, 1872 - Sections 112
AIR1997Bom349; 1997(3)ALLMR504; 1997(4)BomCR551; 1997BomCR(Cri)918; (1997)3BOMLR333; II(1997)DMC407; 1997(3)MhLj602
trial to the learned single Judge. Prayer, in this behalf, is accordingly rejected.59. Order accordingly. [A] The Indian Divorce Act, 1869 - Section 10 and Constitution of India, 1950: Article 19, 16,21 - Seeking a divorce on the ground of adultry - … wife - Discrimination based on sex and religion -Violative of provisions of Article 14, 16, 21.;[B] The Indian Divorce Act, 1869 Section 10 and Constitution of India - Article 14, 15, 21 - Severance of the offending portion of Section 10
Tag this Judgment! AI Brief & AskMrs. Nisha Ribero Vs. Mr. George Mario Ribeiro
Delhi
Sep-26-2003
Family
Indian Divorce Act, 1869 - Sections 10 and 17; Indian Divorce (Amendment) Act, 2001 - Sections 12; Indian Christian Marriage Act, 1872
2004IAD(Delhi)70; 108(2003)DLT48; II(2003)DMC807; 2003(71)DRJ763
25.9.2001, the learned Additional District Judge allowed the petition of the petitioner (wife) which had been filed under Section 10 of the Indian Divorce Act, 1869 for dissolution of marriage on the grounds of cruelty, adultery and desertion. … ORDER1. This Reference has been made by the Additional District Judge under Section 17 of the Indian Divorce Act, 1869 by his order dated 25.9.2001. By a judgment and order of the same date i.e., 25.9.2001, the learned
Tag this Judgment! AI Brief & AskSmt. Deepika Alizabeth Couto Vs. Gabriel Anthony Couto
Allahabad
Oct-03-1977
FamilyCivil
Divorce Act, 1869 - Sections 10 and 17; Uttar Pradesh Divorce Act, 1957; Constitution of India - Article 227; Constitution of India (42nd Amendment) Act, 1976
AIR1978All27
M.N. Shukla, J.1. This reference purporting to be one under Section 17 of the Indian Divorce Act. 1869 (hereinafter referred to as the Act) reveals a curious state of affairs. A petition was made under Section … 1869 (hereinafter referred to as the Act) reveals a curious state of affairs. A petition was made under Section 10 of the Act by the petitioner Smt. Deepika Alizabeth Couto in the court of the District Judge, Gorakhpur.
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Mini Mathew Vs. Thomas Mathew
Delhi
Apr-10-2003
Family
Indian Divorce Act, 1869 - Sections 10
2003IVAD(Delhi)370; 104(2003)DLT760; II(2003)DMC33; 2003(68)DRJ481
remains under the cloud of suspiciousness, it amounts to mental cruelty, a ground for dissolution of the marriage--Indian Divorce Act, 1869, Section 10.; Both the parties are poles apart as to their compatability and temperament and it is these factors that
Tag this Judgment! AI Brief & AskMaria Sera Pinto Vs. Milton Dias
Mumbai
Aug-25-2000
Family
Indian Divorce Act, 1869 - Sections 10, 16, 17 and 20 - Rules 818, 819 and 820; Family Courts Act, 1984 - Sections 7, 8, 19 and 20; Constitution of India - Articles 14, 15 and 21
2001(1)BomCR585; (2001)1BOMLR56; I(2002)DMC554; 2000(4)MhLj633
the coming into force of the Family Courts Act, 1984. The present petitions are all petitions filed under section 10 of the Indian Divorce Act, 1869 for dissolution of the marriage on different grounds. In each of these … Hon'ble Chief Justice for a decision as to whether the procedure contemplated under Section 16 of the Indian Divorce Act, 1869 of confirmation of a decree nisi made by the High Court on its original side is still required
Tag this Judgment! AI Brief & AskAmmini E.J. and Etc. Vs. Union of India (Uoi) and ors.
Kerala
Feb-24-1995
Family
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
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
Tag this Judgment! AI Brief & AskJyotsna W/O Suresh Jagtap Vs. Suresh John Jagtap
Mumbai
Feb-02-2001
Family
Divorce Act, 1869 - Sections 10 and 17; Family Courts Act, 1984 - Sections 7(1), 8, 19 and 20
2001(3)BomCR14; I(2001)DMC776
petition came to be filed before the Family Court at Nagpur on 31-8-1999 by the petitioner wife under section 10 of the Indian Divorce Act, 1869, seeking dissolution of the marriage on the grounds of cruelty coupled with … reference made to this Court by the Family Court at Nagpur, purportedly under section 17 of the Indian Divorce Act, 1869, for confirmation of a decree for dissolution of marriage made by the Family Court.2. The facts giving rise
Tag this Judgment! AI Brief & AskAsha Gomes Vs. Arthur Gomes
Mumbai
Feb-18-2002
Family
Indian Divorce Act, 1869 - Sections 10
2002(2)ALLMR687; 2002(3)BomCR485; I(2002)DMC794
had filed the above referred matrimonial petition, seeking divorce under the provisions of Section 10 of the Indian Divorce Act, 1869 on the ground of cruelty, as interpreted by the Full Bench of this Court in Pragati Varghese v.
Tag this Judgment! AI Brief & AskKallu Daniel Vs. G.D. Hemalatha
Karnataka
May-31-2005
Family
Indian Divorce Act, 1869 - Sections 10 and 12; Karnataka Civil Courts Act, 1964 - Sections 23; Lunacy Act, 1912; Special Marriage Act, 1954
II(2005)DMC264; ILR2005KAR2708; 2006(3)KarLJ132
petition was filed under Section 12 of the Divorce Act, 1869, whereas it should have been filed under Section 10 of the Divorce Act and secondly, that the Act prescribed that a petition for divorce under Section 10 … returning the petition of the appellant, seeking a decree of divorce filed under Section 12 of the Indian Divorce Act, 1869, to present it before the proper Court.2. The respondent has been served, she remains unrepresented. The only question
Tag this Judgment! AI Brief & AskPasumpon Gandhi Vs. Shirely Gandhi E/O Pasumpon Gandhi and anr.
Chennai
Nov-28-2002
Family
Evidence Act, 1872 - Sections 3 and 104; Divorce Act, 1869 - Sections 10, 12 and 13; Hindu Marriages Act, 1955 - Sections 23
(2003)1MLJ62
the Additional Principal Judge (Additional Family Court), Madras, dismissing his petition filed under Section 10 of the Indian Divorce Act, 1869 to dissolve the marriage performed between him and the first respondent herein, has filed the above appeal. He
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