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Kallu Daniel Vs. G.D. Hemalatha

Court : Karnataka

Subject : Family

Acts : Indian Divorce Act, 1869 - Sections 10 and 12; Karnataka Civil Courts Act, 1964 - Sections 23; Lunacy Act, 1912; Special Marriage Act, 1954

Reported in : II(2005)DMC264; ILR2005KAR2708; 2006(3)KarLJ132

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

Pasumpon Gandhi Vs. Shirely Gandhi E/O Pasumpon Gandhi and anr.

Court : Chennai

Subject : Family

Acts : Evidence Act, 1872 - Sections 3 and 104; Divorce Act, 1869 - Sections 10, 12 and 13; Hindu Marriages Act, 1955 - Sections 23

Reported in : (2003)1MLJ62

preponderance of probabilities and not 'satisfied beyond a reasonable doubt'. In our case, similar provision is there in Section 12 of the Indian Divorce Act, 1869. Here again, on a petition being filed under Section 10 of the … 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

Ajitrai Shivprasad Mehta Vs. Bai Vasumati

Court : Gujarat

Subject : Family

Acts : Hindu Marriage Act, 1955 - Sections 5, 10, 10(1), 11, 12, 12(1), 13 and 13(1); Evidence Act, 1872 - Sections 45; Indian Divorce Act, 1869 - Sections 19(3); Indian Penal Code (IPC), 1860 - Sections 84; Indian Contract Act - Sections 12; Lunacy Act, 1890 - Sections 90

Reported in : AIR1969Guj48; (1969)GLR253

and legal definitions of insanity in the context of a similar legislation viz., Section 19(3) of the Indian Divorce Act, 1869, which provided for a decree of nullity of marriage on the ground of the other spouse being 'an … unsound mind for a period of not less than two years immediately preceding the presentation of the petition. Section 12(1)(b), however, provides that any marriage solemnized, whether before or after the commencement of the Act, shall be voidable

Mrs. Nisha Ribero Vs. Mr. George Mario Ribeiro

Court : Delhi

Subject : Family

Acts : Indian Divorce Act, 1869 - Sections 10 and 17; Indian Divorce (Amendment) Act, 2001 - Sections 12; Indian Christian Marriage Act, 1872

Reported in : 2004IAD(Delhi)70; 108(2003)DLT48; II(2003)DMC807; 2003(71)DRJ763

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 … which received the assent of the President on 24.9.2001 and came into force on 3.10.2001. By virtue of Section 12 of the said Amendment Act of 2001, Section 17 was substituted by the following Section 17:-'17. Power of

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 … Pravin R. Geglani v.Beharilal Beniprasad Pvt. Ltd., . : AIR1978Bom255 , Naik J. held that having regard to Section 12 of the Bombay City Civil Court Act and the notification dated 20th January, 1950 issued under Section 4

Reeta Bharat Arora Vs. Bharat Yasodanandan Arora @ Dhingra and ors.

Court : Mumbai

Subject : Family

Acts : Hindu Marriage Act, 1955 - Sections 5, 11, 13, 15, 21 and 28; Hindu Marriage Laws (Amendment) Act, 1976 - Sections 9; Constitution of India - Articles 123, 126, 133(1) and 227; Indian Divorce Act, 1869 - Sections 57; Limitation Act, 1963 - Sections 5 and 12(2); Code of Civil Procedure (CPC), 1908 - Order 9, Rule 13; Hindu Adoptions and Maintenance Act, 1956 - Sections 18 and 20; Contempt of Courts Act - Sections 12; Mohammedan Law

Reported in : 2001(3)ALLMR649

meaning of Cl. (i), sub-section (1) of section 5.....'.The Supreme Court also examined section 57 of the Indian Divorce Act, 1869 which provides for divorce professing Christian religion, which has identical provision and which has been consistently interpreted to … Court, we are of the opinion that the learned Single Judge was right in holding Bharat guilty under section 12 of the Contempt of Courts Act. The Roznama of all these proceedings is very revealing and telling. It

Chander Dev Chad Vs. Rani Bala

Court : Delhi

Subject : FamilyLimitation

Acts : Hindu Marriage Act, 1955 - Sections 28(1); Limitation Act, 1963 - Sections 5

Reported in : AIR1979Delhi22; ILR1978Delhi331

Act shall apply to any suit or other proceeding under any such law. (4) (7) Under the Indian Divorce Act. 1869, the remedy to obtain relief in matrimonial causes is by way of suit. Under the Hindu Marriage Act, … that the appeals are within time. Hindu Marriage Act (1955) - Sections 28(1), (3) & (4) and 29--Whether Section 12 of the Limitation Act can be invoked for proceedings under Section 28(4) of the Hindu Marriage Act--time spent

David Alias Balasaheb Sunderrao Takalkar Vs. Kalpana Alias Mai Alias V ...

Court : Mumbai

Subject : Family

Reported in : (1976)78BOMLR85

It is mainly the case of the petitioner that the petition is under Section 18 of the Indian Divorce Act, 1869 for marriage being declared null and void and it is urged that Section 19 provides the grounds on … the ground that the consent of the petitioner for the marriage is obtained by force or fraud (See Section 12(1)(c) and (4) of the Hindu Marriage Act.)It was urged by Mrs. Manohar that in that case, Mr. Krishnamurthy

Supriyo @ Supriya Chakraborty Vs. Union Of India

Court : Supreme Court of India

Subject : Land Acquisition

in law, etc; Section 3 (1) (a) of the Parsi Marriage and Divorce Act, 1936; Section 19, Indian Divorce Act, 1869; Section 88, Indian Christian Marriages Act, 1872. Among Muslims, the concept of consanguinity is known as qurabat, i.e. blood … not create any distinction between children of married and unmarried couples so long as they are validly adopted. Section 12 of the Hindu Adoptions and Maintenance Act 1956 states that an adopted child shall be deemed to be

Smt. Reeta Bharat Arora Vs. Bharat Yasodanandan Arora @ Dhingra and or ...

Court : Mumbai

Subject : Family

Acts : Code of Civil Procedure (CPC), 1908 - Order 9, Rule 13; Hindu Marriage Act, 1955 - Sections 5, 11, 12, 13, 15, 21 and 28; Hindu Adoptions and Maintenance Act, 1956 - Sections 18 and 20; Contempt of Courts Act, 1971 - Sections 2, 10 and 12; Marriage Laws (Amendment) Act, 1976 - Sections 9; Constitution of India - Articles 126, 133(1) and 227; Indian Divorce Act, 1869 - Sections 57; Limitation Act, 1963 - Sections 5 and 12(2) - Schedule - Article 123

Reported in : 2001(4)BomCR1; (2001)3BOMLR636; I(2002)DMC136; 2002(1)MhLj7

meaning of Clause (i), sub-section (1) of Section 5....'The Supreme Court also examined Section 57 of the Indian Divorce Act. 1869 which provides for divorce professing Christian religion, which has identical provision and which has been consistently interpreted to … Court, we are of the opinion that the learned Single Judge was right in holding Bharat guilty under Section 12 of the Contempt of Courts Act. The Roznama of all these proceedings is very revealing and telling. It