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Jan 31 2023

Vandana C.V. vs Abhilash Mark

Court : Kerala

Decided on : Jan-31-2023

J.The appellant filed O.P.(Div.)No.440 of 2020 before the Family Court, Pathanamthitta under Sections 10(ix) and (x) of the Divorce Act, 1869, against the respondent herein-husbandseeking a decree of divorce to dissolve the marriage solemnised between them on 12.07.2012, at … the proper court. Feeling aggrieved, the appellant is before this Court in this appeal, invoking the provisions under Section 19(1) of the Family Courts Act, 1984.2. On 20.10.2021, when this appeal came up for admission, this Court admitted

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Oct 15 1998

George Joseph Vs. Alphonsa Alias Lovely Mathew and anr.

Court : Kerala

Decided on : Oct-15-1998

Subject : Family

Acts : Divorce Act, 1869 - Sections 19 and 19(3)

Reported in : AIR1999Ker25; II(1999)DMC238

therefore he is entitled to a decree for nullity of his marriage under Section 18 of the Indian Divorce Act, 1869 read with Section 19. He had also alleged fraud on the part of the respondent in obtaining his

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Feb 29 1984

Jordan Diengdoh Vs. Swaranjeet Singh Chopra

Court : Delhi

Decided on : Feb-29-1984

Subject : Family

Acts : Divorce Act, 1869 - Sections 19(1); Christian Marriage Act, 1872 - Sections 4

Reported in : ILR1984Delhi14; 1984RLR595

husband and wife.(3) The prevent petition has been filed under Ss. 18, 19 and 22 of the Indian Divorce Act, 1869. Under S. 18, any husband or wife may present a petition praying that his or her marriage may … for nullity of marriage can be founded. If we read both these sections together, it appears clear that section 19 is exhaustive of all the grounds on which a petition for nullity of marriage can be based. While

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Jun 20 1967

Ajitrai Shivprasad Mehta Vs. Bai Vasumati

Court : Gujarat

Decided on : Jun-20-1967

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

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Dec 04 1964

T. Saroja David Vs. Christie Francis

Court : Andhra Pradesh

Decided on : Dec-04-1964

Subject : Family

Acts : Divorce Act, 1869 - Sections 19

Reported in : AIR1966AP178

But now that he has urged, it may be stated that the proviso to Section 19 of the Divorce Act, 1869, in a clear answer to this untenable contention. Section 10 says that a decree us specified in Section

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Aug 25 2000

Maria Sera Pinto Vs. Milton Dias

Court : Mumbai

Decided on : Aug-25-2000

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 … Court in exercise of its power under the Family Court Act. An appeal was carried there against under section 19 to the High Court of Karnataka. Simultaneously, the Family Court also made a reference for confirmation of the

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Oct 17 1989

Joykutty Mathew Vs. Valsamma Kuruvilla

Court : Kerala

Decided on : Oct-17-1989

Subject : Family

Acts : Indian Divorce Act, 1869 - Sections 19 and 36; Hindu Marriage Act, 1955 - Sections 13, 13(1) and 24

Reported in : AIR1990Ker262; I(1991)DMC479

1984 dismissing his Petition for a declaration that the marriage is a nullity and void under the Indian Divorce Act, 1869. The O. P. was filed on 10-11-1984 and was dismissed on 6-7-1987. The main grounds on which the … she had some psychological problem occasionally even then it is not sufficient for Court to dissolve the marriage. Section 19 of the Indian Divorce Act contemplates that it must be positively proved that the wife is a lunatic

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Sep 13 1995

Joy Vs. Shilly

Court : Kerala

Decided on : Sep-13-1995

Subject : Family

Acts : Indian Divorce Act, 1869 - Sections 19 and 19(1)

Reported in : I(1996)DMC200

petitioner for the marriage was obtained by fraud.2. Parties to the marriage are Christians governed by the Indian Divorce Act, 1869 (for short 'the Act')- The marriage was celebrated on 26.12.1988 at St. Sebastian's Catholic Church, Kottappady. It is … void. (See: George Sebastian v. Molly Joseph, 1994 (2) KLT 387 FB). Thus, this application is filed under Sections 19(1) and (3) of the Act seeking for declaration of the marriage between the petitioner and respondent null

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Jan 06 1997

BenjamIn Doming Cardoza Vs. Mrs. Gladys BenjamIn Cardoza

Court : Mumbai

Decided on : Jan-06-1997

Subject : Family

Acts : Divorce Act, 1869 - Sections 18 and 19

Reported in : AIR1997Bom175; 1997(3)BomCR553; (1997)2BOMLR94; II(1997)DMC460; 1997(1)MhLj536

the petitioner-husband and the respondent, his wife on 3-4-1983, is a nullity under Section 19 of the Indian Divorce Act, 1869. It was stated in the said petition that the marriage of the petitioner and the respondent was solemnised

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Feb 25 1992

R. Anita Marginic Vs. R. Annadurai

Court : Chennai

Decided on : Feb-25-1992

Subject : CivilFamily

Acts : Indian Divorce Act, 1869 - Sections 18 and 19; Tamil Nadu Hindu Marriage (Registration) - Rules, 1969

Reported in : II(1992)DMC37; (1992)IIMLJ11

Lakshmanan, J.1. The petition has been filed under Sections 18 and 19 of Indian Divorce Act, 1869, to pass a decree and judgment declaring that the alleged marriage of the petitioner with the respondent is … my view, is empowered to entertain an application for nullity of the marriage on the grounds stated in Section 19 of the Divorce Act. My view is also affirmed by a decision of the Special Bench of Karnataka

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