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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

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 … 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 1988 is

Alfred Wilkinson Vs. Grace Emily Wilkinson

Court : Mumbai

Subject : Family

Reported in : AIR1923Bom321; (1923)25BOMLR945

the basis that the parties were domiciled in England. The learned Judge said:The jurisdiction depends on the Indian Divorce Act, 1869, and so long as that Act is in force, this Court cannot decline jurisdiction. Moreover the Courts in … the test of jurisdiction in judicial separations is residence and not domicil. This is further borne out by Section 21, which enacts that 'a wife...may...if resident within the metropolitan district apply to a police magistrate or if resident

Smt. Reeta Bharat Arora Vs. Bharat Yasodanandan Arora @ Dhingra and or ...

Court : Mumbai

Subject : Family

Acts : 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

Reported in : 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 Civil Procedure were applicable to the proceedings under the Hindu Marriage Act, but that, by virtue of Section 21 of the Hindu Marriage Act, Article 123 as well as Section 5 of the Limitation Act, 1963 was

Reeta Bharat Arora Vs. Bharat Yasodanandan Arora @ Dhingra and ors.

Court : Mumbai

Subject : Family

Acts : 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

Reported in : 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 … of Civil Procedure were applicable to the proceedings under the Hindu Marriage Act, but that, by virtue of section 21 of the Hindu Marriage Act, Article 123 as well as section 5 of the Limitation Act, 1963 was

Saumya Ann Thomas Vs. Union of India (Uoi)

Court : Kerala

Subject : Family

Acts : Divorce Act, 1869 - Section 10A, 10A(1) and 10A(2); ;Indian Divorce (Amendment) Act, 2001; ;Hindu Marriage Act - Section 13B and 13B(1); ;Parsi Marriage and Divorce Act - Section 32B and 32B(1); ;Special Marriage Act, 1954 - Section 28, 28(1) and 28(2); ;Hindu Law; ;Constitution of India - Articles 13, 13(1), 14, 21, 44, 142 and 372; ;Code of Civil Procedure (CPC)

Reported in : 2010(1)KLT869

32B accepted and recognised the concept of divorce by mutual consent. To get the concept introduced into the Divorce Act, 1869 we had to wait for a lot more of time. In 2001, after the Courts and the Law … Is the stipulation of a period of two years as the minimum mandatory period of separate residence in Section 10A(1) of the Divorce Act right, just and fair? Is it arbitrary, fanciful and oppressive? Does that stipulation … arbitrary, fanciful and oppressive? Does that stipulation offend Article 14 and/or Article 21 of the Constitution? Does that stipulation deserve to be read down to

Smt. Sulochana Vs. Ram Kumar Chauhan

Court : Allahabad

Subject : FamilyCivil

Acts : Hindu Marriage Act, 1955 - Sections 13(1), 20 and 21; Allahabad High Court Hindu Marriage and Divorce Rules, 1956 - Rule 4 and 5; Code of Civil Procedure (CPC) , 1908 - Order 6, Rules 1 and 2(1); Divorce Act, 1869

Reported in : AIR1981All78

be, with necessary modifications and adaptations, be the same as those prescribed in the Schedule to the Indian Divorce Act, 1869. Form No. 8 in the Schedule to the Indian Divorce Act deals with a petition for judicial separation … required by law for the verification of plaints, and may, at the hearing, be referred to as evidence.' Section 21 of the Act reads: '21. Application of Act 5 of 1908-- Subject to the other provisions contained in

Jane Antony and ors. Vs. V.M. Siyath and ors.

Court : Kerala

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 8, 33, 36 and 37 to 40; Motor Vehicles Act, 1988 - Sections 166; Indian Divorce Act, 1869 - Sections 19, 21 and 57; Hindu Marriage Act, 1955 - Sections 12 and 16; Domestic Violence Act, 2005; Hindu Adoptions and Maintenance Act, 1956 - Sections 2(1) and 6; Property Law (Amendment) Act, 1971; Status of Children Act, 1969 - Sections 3; Matrimonial Causes Act; Family Law Reform Act, 1969; Family Law Reform (Amendment) Act, 1987; Code of Criminal Procedure (CrPC) - Sections 125 and 125(1); Hindu Law; Muslim Law; Constitution of India - Article 32; Central Civil Service (Conduct) Rules; Bihar Government Servants' Conduct Rules, 1976

Reported in : 2009ACJ2272

the Indian Succession Act. Even though counsel for the appellants relied on Sections 57 and 21 of Indian Divorce Act, 1869 and contended that only legitimate children are entitled to succeed to the estate except in the specific case … only legitimate children are entitled to succeed to the estate except in the specific case of exception under Section 21 of the said Act, counsel for respondent Nos. 4 and 5 referred to Section 8 of the Indian

Youth Welfare Federation Rep. by Its Chairman, K.J. Prasad Vs. Union o ...

Court : Andhra Pradesh

Subject : Constitution

Acts : Indian Divorce Act, 1869 - Sections 2, 10, 22 and 26; Constitution of India - Articles 13, 13(1), 13(2), 13(3), 14, 15 , 19(2) to 19(6), 21, 44, 141, 366, 366(10), 372, 372(1), 372(2), 372(3) and 395; Personal Law; Government of India Act, 1935 - Sections 292 and 293; Administrative Law; Constitutional Law; Indian Divorce (Amendment) Act, 1927; Indian Divorce (Amendment) Act, 1948; Indian Divorce (Amendment) Act, 1950; Indian Divorce (Amendment) Act, 1912; Indian Divorce (Amendment) Act, 1926; Indian Divorce (Amendment) Act, 1951; Indian Independence Act, 1947 - Schedule - Article 395; International Law; National Law

Reported in : 1996(4)ALT1138

this Bench in the context of consideration of the vires of Sections 10 and 22 of the Indian Divorce Act, 1869 (hereinafter referred to as 'the Act.').2. W.P. No. 9717 of 1983 was filed as public interest litigation raising … perplexing in nature have teen referred to this Bench in the context of consideration of the vires of Sections 10 and 22 of the Indian Divorce Act, 1869 (hereinafter referred to as 'the Act.').2. W.P. No. 9717 … of the Indian Divorce Act are violative of Articles 14, 15(1) and 21 of the Constitution of India?4. What is the effect of the Declaration

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 … 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 judgment in Pragati