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Amarthala Hemalatha Vs. Dasari Balu Rajendra Varaprasad

Court : Andhra Pradesh

Subject : Family

Acts : Divorce Act, 1869 - Sections 7, 10, 14, 17, 22, 24, 25 and 26; Hindu Marriage Act, 1955 - Sections 13(1) and 13(1)(A); Special Marriage Act, 1954 - Sections 27(1) and 28; Matrimonial Causes Act, 1857; Supreme Court of Judicature (Consolidation) Act, 1925; Matrimonial Causes (Amendment) Act, 1937; Divorce Reform Act, 1969; Nullity of Marriage Act, 1971; Matrimonial Causes (Amendment) Act, 1973 - Sections 1(2); Matrimonial Causes (Amendment) Act, 1950;

Reported in : AIR1990AP220; II(1991)DMC194

The reference is disposed of accordingly. Family - dissolution of marriage - Sections 7, 10 and 22 of Divorce Act, 1869, Section 13 (1) (a) of Hindu Marriage Act, 1955 and Section 27 (1) (a) of Special Marriage Act, 1954 … respondent.2. The petitioner before the learned District Judge was the wife and she filed the application under Sec. 14 of the Act for dissolution of the marriage between her and the respondent. It is averred in 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 … 19 of the Family Courts Act, 1984 against a judgment and decree of the Family Court passed under Section 14 or 19 of the Divorce Act, 1869?(iii) If the answer to point (ii) is in the negative, whether

Mrs. Pragati Varghese and Etc. Vs. Cyril George Varghese and Etc.

Court : Mumbai

Subject : Civil

Acts : 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

Reported in : 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 … to other communities. They are, therefore, denied equality before law and hence the provisions are violative of Article 14 of the Constitution. It is also contended that the aforesaid provisions force them to continue to live with

Mahendra Manilal Nanavati Vs. Sushila Mahendra Nanavati

Court : Supreme Court of India

Subject : Family

Acts : Hindu Marriage Act, 1955 - Sections 12 and 23; Evidence Act - Sections 112 and 114; Code of Civil Procedure (CPC) - Sections 107 - Order 41, Rules 20, 23 and 25; Constitution of India - Article 133(1)

Reported in : AIR1965SC364; (1964)66BOMLR681; 1965MhLJ365(SC); [1964]7SCR267

A.C. 391 should be followed by the Courts while dealing with case under s. 7 of the Indian Divorce Act, 1869, Section 23(1) of the Hindu marriage Act, 1955 which deals with the powers of the Court in a proceeding … appeal one a certificate granted by the High Court, under Art. 133(1)(c) of the Constitution, as already mentioned. 14. Before dealing in detail with the contentions of the parties, we may set down the relevant provisions of

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 … 10 are violative of the fundamental rights guaranteed to them and other similarly situated Christian women under Articles 14, 15 and 21 of the Constitution of India. 2. Mary Sonia Zachariah, petitioner in O. P. No. 5805

Beatrice Alice De Ste Croix Vs. Philip De Ste Croix

Court : Kolkata

Subject : Family

Reported in : 41Ind.Cas.447

which renders proof of conjugal cohabitation or the restitution of conjugal rights necessary. Section 14 of the Indian Divorce Act, 1869, provides that no adultery shall be deemed to have been condoned within the meaning of the Act unless

Maria Sera Pinto Vs. Milton Dias

Court : Mumbai

Subject : Family

Acts : 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

Reported in : 2001(1)BomCR585; (2001)1BOMLR56; I(2002)DMC554; 2000(4)MhLj633

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 … wife requiring her to plead and prove an additional ground of adultery, is unconstitutional and ultra vires Articles 14, 15 and 21 of the Constitution of India and these restrictive conditions were struck down. Thus, after the

Monika Sanctis Vs. Henry Joseph and anr.

Court : Karnataka

Subject : Family

Acts : Divorce Act, 1869 - Sections 10, 14, 16 and 17; Family Courts Act, 1984 - Sections 19

Reported in : ILR2004KAR2081; 2003(2)KarLJ588

between the parties had been dissolved. However, we had referred to the provisions of Section 16 of the Divorce Act, 1869 in the last para of the judgment and had indicated that the decree of nisi for divorce can … Court after such a petition has been dismissed by the District Court. Clause 7.--This clause seeks to amend Section 14 of the principal Act. The amendment is consequential to the amendments made in Sections 16 and 17 of

Kuruvilla Varghese Vs. Sapnam Elizabeth Joseph

Court : Kerala

Subject : Family

Acts : Divorce Act, 1869 - Sections 10, 10(1), 14 and 16; Indian Divorce (Amendment) Act, 2001; Hindu Marriage Act - Sections 23(1)

Reported in : AIR2007Ker240

The Indian Divorce (Amendment) Act, 2001, Act 51 of 2001 by the substitution of Section 10 of the Divorce Act, 1869) is liable to be dismissed on the ground that the petition was filed twelve years after the marrjage … marrjage and therefore the petitioner is guilty of unreasonable delay in presenting the petition within the meaning of Section 14 of the Act, when the petition was presented within reasonable time after the commencement of Act 51 of

Mrs. Neena Vs. John Pormer

Court : Madhya Pradesh

Subject : Family

Acts : Divorce Act, 1869 - Sections 10

Reported in : AIR1985MP85

Sohani, J.1. This is a reference under Section 17 of the Indian Divorce. Act, 1869 (hereinafter referred to as 'the Act'), made by the learned IVth Additional Judge to the Court of District … on the grounds specified in Section 10 of the Act, the Court should be satisfied, as required by Section 14 of the Act, on the basis of evidence on record, that the case of the petitioner has been