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A.V. Arockiam and Etc. Vs. Arul Mary Alias Latchumi Devi and anr.
Chennai
Mar-05-2002
Family
Divorce Act, 1869 - Sections 3, 3(1), 3(3), 3(4), 8, 10, 18, 23, 27 and 34; Code of Civil Procedure (CPC) , 1908 - Sections 15 and 24
AIR2002Mad435; (2002)2MLJ506
to pronounce a decree' for dissolution of marriage.3. Apart from the preamble, the sections relevant in the Indian Divorce Act, 1869 (now the Divorce Act) are Sections 3(1), 3(3), 3(4), 4. 6, 8, 10, 11, 16, 18, 20, 22, … Code are excluded in their application to the High Court in the exercise of its Original Civil Jurisdiction. Section 15 which provides that every suit shall be instituted in the Court of the lowest grade competent to try
Tag this Judgment! AI Brief & AskMrs. 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 … and adversely discriminate wives as against husbands merely on ground of sex and are, therefore, violative of article 15 of the Constitution. It is further contended that theaforesaid provisions adversely discriminate them vis-a-vis wives belonging to other
Tag this Judgment! AI Brief & AskReeta Bharat Arora Vs. Bharat Yasodanandan Arora @ Dhingra and ors.
Mumbai
Jun-13-2001
Family
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
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 Judgment reported in : [1978]3SCR922 Smt. Lila Gupta v. Laxmi Narain. Mr. Grover drew our attention to section 15 of the Hindu Marriage Act, 1955 and submitted that Reeta's marriage with Bharat was a legal and valid
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Sri AulvIn V. Singh Vs. Smt. Chandrawati
Allahabad
Mar-15-1974
Family
Special Marriage Act, 1954 - Sections 15, 18 and 27; Divorce Act, 1869 - Sections 10
AIR1974All278
No. XV of 1872), the petition for divorce should have been filed under Section 10 of the Indian Divorce Act (IV of 1869) and the petition under Section 27 of the Act was not maintainable.4. The trial Court … neither been married in accordance with the provisions of the Act nor had their marriage been registered under Section 15 of the Act, the appellant was not entitled to sue for divorce of his wife under Section 27
Tag this Judgment! AI Brief & AskRuth Vs. Dr. M. Danial
Karnataka
Nov-29-1993
Family
Divorce Act, 1869 - Sections 11 and 15
ILR1994KAR4; 1994(2)KarLJ347
Additional District Judge, Mandya on 10.9.1992, in M.C.No. 1/1991, a petition presented under Section 10 of the Indian Divorce Act, 1869 ('Act' for short) by a Christian wife against the husband. Petitioner and respondent were married on 9.5.1974 and … us. On the other hand, the respondent appeared through Counsel and supported the decree-nisi for dissolution relying on Section 15 of the Act.7. Under Section 10 of the Act, the ground on which husband can seek dissolution is
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 … 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 of
Tag this Judgment! AI Brief & AskSmt. Reeta Bharat Arora Vs. Bharat Yasodanandan Arora @ Dhingra and or ...
Mumbai
Jun-13-2001
Family
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
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 … of the Supreme Court Judgment in Smt. Lila Gupta v. Laxmi Narain. Mr. Grover drew our attention to Section 15 of the Hindu Marriage Act, 1955 and submitted that Reeta's marriage with Bharat was a legal and valid
Tag this Judgment! AI Brief & AskKamal V.M. AllaudIn and Etc. Etc. Vs. Raja Shaikh and Etc. Etc.
Mumbai
Mar-07-1990
Family
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;
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 … Act itself refers to suits for dissolution ,of marriage by women married under Muslim Law. By reason of Section 15 of the Code of Civil Procedure, the suits are filed in the ordinary civil Court of lowest jurisdiction
Tag this Judgment! AI Brief & AskDebra Clare Seymour Vs. Pradeep Arnold Seymour
Delhi
Apr-01-2002
Family
Indian Divorce Act, 1869 - Sections 10; Constitution of India - Articles 14 and 15
2002IVAD(Delhi)499; 98(2002)DLT34; II(2002)DMC144; 2002(63)DRJ375
but subsequently converted it into a petition for dissolution of marriage though under Section 10 of the India Divorce Act, 1869, a Christian wife subjected to cruelty cannot seek divorce on the ground of cruelty alone unless it is … the savior of the body.....'3. Even otherwise such a discrimination is per se vocative of Articles 14 & 15 of the Constitution. Article 14 mandates the State not to deny to any person equality before the law
Tag this Judgment! AI Brief & AskChoppala Lalitha Kumari Vs. Gogulamudi Bhaskara Rao
Andhra Pradesh
Oct-06-2005
FamilyCivil
Divorce Act, 1869 - Sections 3, 3(1), 3(3), 4, 8, 10, 10A, 10A(1), 16, 17 and 19; Divorce Rules; Indian Divorce (Amendment) Act, 2001 - Sections 10A; Code of Civil Procedure (CPC) - Sections 15; Constitution of India - Article 14
2005(6)ALT628; I(2006)DMC607
office while numbering the O.P. filed by the petitioner under Section 10-A(1) read with Section 8 of the Divorce Act, 1869 (hereinafter in short referred to as 'Act' for the purpose of convenience).2. This O.P is presented before this … pointed out 'petition may be filed in the Court of lowest grade competent to try it as per Section 15 C.P.C.' Complying with the office objections, the counsel for the petitioner re-presented the Original Petition and stated.' Prior
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