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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
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
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 & AskMonika Sanctis Vs. Henry Joseph and anr.
Karnataka
Dec-17-2002
Family
Divorce Act, 1869 - Sections 10, 14, 16 and 17; Family Courts Act, 1984 - Sections 19
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
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Anna Mary Pinto Vs. Urban Anthony Lobo
Karnataka
Apr-18-1994
Family
Indian Divorce Act, 1869 - Sections 16 and 17
II(1994)DMC260; ILR1994KAR1173; 1994(2)KarLJ481
Single Judge in the first instance has issued Decree Nisi. That was under Section 16 of the Indian Divorce Act, 1869 (for short 'the Act'). In that view of the matter, there is no question of Decree being placed
Tag this Judgment! AI Brief & AskRosy Kurian Kannanaikal Vs. Joseph Verghese Cheeran
Karnataka
Apr-05-2002
FamilyCivil
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
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 … Section 14 of the Divorce Act deals with power of District Court to pronounce decree for dissolving marriage. Section 16 of the Divorce Act provides the decrees for dissolution made by High Court, otherwise than by way of
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 … point out that despite the fact that Section 10A was inserted by the Central Act 51/2001, dated 3-10-2001, Section 16 of the Act had not been amended. The learned Counsel also would contend that despite the fact that
Tag this Judgment! AI Brief & AskBini T. John Vs. Saji Kuruvila
Kerala
Feb-03-1997
Family
Divorce Act, 1869 - Sections 16
AIR1997Ker247
cruelty by her husband. Therefore this petition has been filed under Sections 18 and 10 of the Indian Divorce Act, 1869 to declare the marriage null and void or in the alternative seeking a decree for dissolution of their … states that she had been subjected to cruelty by her husband. Therefore this petition has been filed under Sections 18 and 10 of the Indian Divorce Act, 1869 to declare the marriage null and void or in … Abdul Gafoor, J. 1. The petitioner got married with the respondent on 16-1-1995 at Vimalagiri Cathedral Church, Kottayam as per the Christian rites. They belong
Tag this Judgment! AI Brief & AskThomas Vs. Lucy
Karnataka
Nov-24-1993
Family
Divorce Act, 1869 - Sections 11; Family Courts Act, 1984 - Sections 16(1); Code of Civil Procedure (CPC) , 1908 - Order 19, Rule 1
II(1994)DMC49; ILR1994KAR1; 1994(2)KarLJ354
between the petitioner and the respondent in M.C.No. 638/1991, a petition filed under Section 10 of the Indian Divorce Act, 1869. ('Act' for short).2. The petitioner is the husband and the respondent is the wife. They were married on … in person, as the demeanour of the petitioner will be of great relevance. We may refer to Section 16(1) of the Family Courts Act, 1984 which provides that evidence of any person, where such evidence is of
Tag this Judgment! AI Brief & AskSuo Motu Reference in the Matter of Divorce Act
Kerala
Apr-01-2002
FamilyCivil
Divorce Act, 1869 - Sections 45 and 55; Divorce (Amendment) Act, 2001 - Sections 10, 16, 17, 18 and 20; Family Court's Act; Code of Civil Procedure (CPC)
II(2002)DMC753
pending for confirmation by the High Court in which decrees were passed prior to 3.10.2001 ?'2. The Indian Divorce Act, 1869 was enacted to amend the law relating to persons professing the Christian religion and confer upon certain courts … first instance itself while the High Court can only pronounce a decree nisi at the first instance under Section 16 of the Divorce Act, which has to be made absolute after the expiry of six months from the
Tag this Judgment! AI Brief & AskGeorge Swamidoss Joseph Vs. Miss Harriett Sundari Edward
Chennai
Aug-06-1954
Family
Divorce Act, 1869 - Sections 7, 16 and 19; Code of Civil Procedure (CPC)
AIR1955Mad341
passed straightway. At the time the Indian Divorce Act was enacted in 1869, it followed the lines of the existing English Divorce Act. In fact … administrative practice and procedure or by rules or orders made such as those referred to, for instance, in Section 16, Indian Divorce Act. As it appears to us, the only --criterion is whether such a change in rule … agreement with the view expressed by my learned brother; it has to be considered whether Section 7, Indian Divorce Act, having been preserved by the Adaptation of Laws Order, 1950, it cannot be followed by the Indian Courts
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