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Kallu Daniel Vs. G.D. Hemalatha
Karnataka
May-31-2005
Family
Indian Divorce Act, 1869 - Sections 10 and 12; Karnataka Civil Courts Act, 1964 - Sections 23; Lunacy Act, 1912; Special Marriage Act, 1954
II(2005)DMC264; ILR2005KAR2708; 2006(3)KarLJ132
returning the petition of the appellant, seeking a decree of divorce filed under Section 12 of the Indian Divorce Act, 1869, to present it before the proper Court.2. The respondent has been served, she remains unrepresented. The only question … jurisdiction, it necessarily has to be read along with the provisions of the Karnataka Civil Courts Act and Section 23 of the Karnataka Civil Courts Act, enables the High Court to invest the Civil Judge with jurisdiction under
Tag this Judgment! AI Brief & AskPasumpon Gandhi Vs. Shirely Gandhi E/O Pasumpon Gandhi and anr.
Chennai
Nov-28-2002
Family
Evidence Act, 1872 - Sections 3 and 104; Divorce Act, 1869 - Sections 10, 12 and 13; Hindu Marriages Act, 1955 - Sections 23
(2003)1MLJ62
the Additional Principal Judge (Additional Family Court), Madras, dismissing his petition filed under Section 10 of the Indian Divorce Act, 1869 to dissolve the marriage performed between him and the first respondent herein, has filed the above appeal. He … of the Act which enumerates the grounds on which a petition for judicial separation may be presented nor Section 23 which governs the jurisdiction of the court to pass a decree in any proceeding under the Act requires
Tag this Judgment! AI Brief & AskChhaganlal Vs. Smt. Sakkha Devi and anr.
Rajasthan
Apr-06-1974
Family
Hindu Marriage Act, 1955 - Sections 10, 23, 23(1) and 24
AIR1975Raj8; 1974(7)WLN301
Lordships ol the Supreme Court in AIR 1958 SC 441 while construing a similar provision under the Indian Divorce Act, 1869, the words 'satisfied on the evidence' imply that the duty of the Court is to pronounce a decree … the credibility of the wife's case, but also created a bar against the court decreeing the suit under Section 23(d) of the Act. Learned Counsel argued that even if the court were satisfied regarding the commission of the
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G. Packia Raj Vs. P. Subbammal Alias Susila Bai
Chennai
Nov-09-1990
Family
Divorce Act, 1869 - Sections 2, 10, 17, 22 and 23; Tamil Nadu Hindu Marriage Act, 1955 - Sections 7A; Indian Christian Marriage Act, 1872 - Sections 4; Tamil Nadu Hindu Marriage Act, 1967; Special Marriage Act, 1954
AIR1991Mad319; (1991)IMLJ271
assisting us.13. Order accordingly. Family - dissolution of marriage - Sections 2, 10, 17, 22 and 23 of Divorce Act, 1869, Section 7 A of Tamil Nadu Hindu Marriage Act, 1955, Section 4 of Indian Christian Marriage Act, 1872, Tamil
Tag this Judgment! AI Brief & AskA.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, … such other legal effect as hereinafter mentioned.'In the amended section, the words 'without reasonable excuse' have been omitted.15. Section 23 as it stood prior to the amendment provided for application for separation to be made by petition to
Tag this Judgment! AI Brief & AskLalithamma Vs. R. Kannan
Karnataka
Jan-13-1965
Family
Hindu Marriages Act, 1955 - Sections 5, 13(2), 19, 23, 23(1) and 25; Indian Divorce Act, 1869 - Sections 3; Code of Criminal Procedure (CrPC) , 1973 - Sections 488(8)
AIR1966Kant178; AIR1966Mys178
the cases of this court cited above dealt with the position as under Section 3 of the Indian Divorce Act, 1869. According to it, the Court having jurisdiction is the Court of the District Judge within the local limits … Whether it is proved that the petitioner is not entitled to relief on any grounds set out in section 23 of the Act? 4. To what alimony, if any, is the petitioner entitled?'. (14) On the first issue,
Tag this Judgment! AI Brief & AskJency Vs. Biju Thomas
Kerala
Sep-22-2005
Civil
Code of Civil Procedure (CPC) , 1908 - Sections 22, 23, 23(3), 24, 24(1) and 25; ;Divorce Act, 1869; - Sections 3(3) and 10; ;Family Courts Act, 1984 - Sections 7(1); ;Family Courts Rules
I(2006)DMC189; 2005(4)KLT766
cannot be said that the Family Court, Chennai has jurisdiction to try the case. Section 3(3) of the Divorce Act, 1869 defines the District Court as follows:' 'District Court' means, in the case of any petition under this Act, … the jurisdiction of another High Court.4. Counsel for the petitioner contended that the Transfer Petition is maintainable under Section 23(3) of C.P.C. In order to apply Section 23, the ingredients of Section 22 should be satisfied. Sections 22
Tag this Judgment! AI Brief & AskMahendra Manilal Nanavati Vs. Sushila Mahendra Nanavati
Supreme Court of India
Mar-18-1964
Family
Hindu Marriage Act, 1955 - Sections 12 and 23; Evidence Act - Sections 112 and 114; Code of Civil Procedure (CPC) - Sections 107 - Order 41, Rules 20, 23 and 25; Constitution of India - Article 133(1)
AIR1965SC364; (1964)66BOMLR681; 1965MhLJ365(SC); [1964]7SCR267
A.C. 391 should be followed by the Courts while dealing with case under s. 7 of the Indian Divorce Act, 1869, Section 23(1) of the Hindu marriage Act, 1955 which deals with the powers of the Court in a proceeding
Tag this Judgment! AI Brief & AskRamish Francis Toppo Vs. Violet Francis Toppo
Kolkata
Aug-22-1988
Family
Divorce Act, 1869 - Sections 3(9), 10, 11, 14, 17, 22, 45, 47 and 51; ;Constitution of India - Article 141; ;Evidence Act - Section 3
AIR1989Cal128,(1989)1CALLT87(HC),1988(2)CHN241,93CWN165,1(1989)DMC322
dissolution of marriage passed by the learned District Judge in the Divorce Suit under Section 10 of the Divorce Act, 1869, which has come up before us for confirmation under Section 17 of the Act. I am, however, of … v. Dastane : [1975]3SCR967 , a three-Judge Bench of the Supreme Court, while refering to the provisions of Section 23 of the Hindu Marriage Act which empowers the Court to pass a decree 'if the court is satisfied'
Tag this Judgment! AI Brief & AskChandramohan Kumar Vs. Florence Indravathi and anr.
Karnataka
Mar-09-1982
FamilyConstitution
Constitution of India - Article 254; Divorce Act, 1869 - Sections 10 and 11; Karnataka Civil Courts Act, 1964 - Sections 23
AIR1982Kant242; ILR1982KAR743
for dissolution of his marriage with Mrs. Florence Indravathi, respondent-1 in the petition, under Section 10 of the Divorce Act, 1869, (hereinafter referred to as 'the Act'). He averred that -his marriage with respondent-1 in the petition was solemnised … District Court, the Karnataka state has amended the relevant Section by the Karnataka Civil Courts Act, 1964 by Section 23 of the said Civil Courts Act, conferring Jurisdiction on the Civil Judge under the Act. He further submitted
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