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Mariasoosai Vs. Clara Mary
Chennai
Aug-22-1994
FamilyCivil
Christian Marriage Act, 1872 - Sections 4, 5, 45 to 49 and 66 to 76; Divorce Act, 1869 - Sections 7, 10, 18, 19 and 20
AIR1995Mad35; II(1995)DMC562
by the District Court is confirmed. 19. Order accordingly. Family - decree - Christian Marriage Act, 1872 and Section 20 of Divorce Act, 1869 - petition filed declaring that marriage between petitioner and respondent null and void - … the same materials'9. A Full Bench of this Court considered the provisions of S. 7 of the Indian Divorce Act, 1869 in Sumathi Ammal v. D. Paul : AIR1936Mad324 : 'It seems to me clear that the intention of
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 … there could be no scope to apply the provision as to confirmation of the decree in terms of Section 20 of the Divorce Act; that such provision for confirmation becomes inapplicable and otiose in case an order is
Tag this Judgment! AI Brief & AskCapt. Suprabha Joel Gaikwad Vs. Dr. Joel Soloman Gaikwad
Mumbai
Oct-03-1996
Family
Divorce Act, 1869 - Sections 18, 19(1)(20) and 20
AIR1997Bom171; 1997(2)BomCR403; I(1997)DMC306
dismissed the petition filed by the Appellant-wife for dissolution of marriage under Sections 18 and 19 of Indian Divorce Act, 1869, more particularly, on the ground that the respondent-husband was impotent at the time of marriage and at the … said decree passed by the District Court has also come up before us for confirmation as required under Section 20 of Indian Divorce Act, 1869.5. We will first deal with First Appeal No. 72 of 1992. In this
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
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 … 21 of the Constitution.2. Plaintiffs have also impugned certain ancillary provisions of the Act namely Sections 17 and 20 of the Act which provide for a requirement of confirmation of decrees for dissolution of marriage or nullity
Tag this Judgment! AI Brief & AskJoseph John Carvalho Vs. Leila Joseph Carvalho
Mumbai
Aug-21-1992
Family
Indian Divorce Act, 1869 - Sections 4, 8, 9, 10, 17, 18, 19 and 20
(1992)94BOMLR958; II(1992)DMC524
declared null and void and annulled. A decree ofnullitybe drawn up.17. The reference is disposed of accordingly. [A] Divorce Act, 1869 - Sections 3(1), 3(3), 18 and 19 - Jurisdiction of District Court - Concurrent jurisdiction of High Court … V.P. Tipnis, J.1. This is a reference Under Section 20 of the IndianDivorce Act, 1869 for confirmation of the decree of nullity passed by thelearned District Judge, Thane.2.
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 … in Raja Soap Factory and Ors. v. S. P. Shantharaj and Ors., The Full Bench also emphasised that Section 20 of the Family Courts Act has an overriding effect and overrides anything inconsistent therewith contained in any other
Tag this Judgment! AI Brief & AskMolly Joseph Alias Nish Vs. George Sebastian Alias Joy
Supreme Court of India
Sep-18-1996
Family
Indian Divorce Act, 1869 . - Section 18, 19(4), 20 rw 17,
AIR1997SC109a; (1997)1MLJ109a(SC); [1996]Supp6SCR497; 1996(2)LC729(SC)
and as there was no decree of any civil court in accordance with the provisions of the Indian Divorce Act, 1869 (hereinafter referred to as “the Divorce Act”) the former marriage continued in spite of annulment order passed by … marriage had to be declared a nullity because of Section 19(4) of the Divorce Act. As required by Section 20 read with Section 17 of the aforesaid Act the order of the District Judge was placed before a
Tag this Judgment! AI Brief & AskA. Vs. B.
Mumbai
Aug-21-1992
Family
Divorce Act, 1869 - Sections 3(3), 4, 6, 7, 8, 9, 10, 17, 18, 19 and 20
I(1994)DMC238
ORDERTipnis, J.1. This is a reference under Section 20 of the Indian Divorce Act, 1869 for confirmation of the decree of nullity passed by the learned District Judge, Thane.2. The petitioner-husband filed M.
Tag this Judgment! AI Brief & AskJyotsna W/O Suresh Jagtap Vs. Suresh John Jagtap
Mumbai
Feb-02-2001
Family
Divorce Act, 1869 - Sections 10 and 17; Family Courts Act, 1984 - Sections 7(1), 8, 19 and 20
2001(3)BomCR14; I(2001)DMC776
reference made to this Court by the Family Court at Nagpur, purportedly under section 17 of the Indian Divorce Act, 1869, for confirmation of a decree for dissolution of marriage made by the Family Court.2. The facts giving rise … Court if the suit would fall within the exclusive jurisdiction of the Family Court after its establishment.7. Further, section 20 of the Family Courts Act provides that the Family Courts Act shall have effect notwithstanding anything contained in
Tag this Judgment! AI Brief & AskAshok Ratti Lal Trivedi Vs. Anjani Madhusudan Oza
Delhi
May-16-1967
Family
Hindu Marriage Act, 1955 - Sections 25
4(1968)DLT235
page 290.) In this context it is useful to refer to sections 37 and 37 of the Indian Divorce Act, 1869- 36.Alimony fendente lite -In any suit under this Act, whether it be instituted by a husband or a … assumption untill the contrary is proved, that the applicant is the wife. It is in that sense that section 20 should be appreciated. A reference to the toher provisions of the Act, as we think, supports the construction
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