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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 … Norman Macleod, Kt., C.J.1. This is a reference under Section 17 of the Indian Divorce Act IV of 1869 to the High Court of Bombay for the confirmation … municipal law. In Jogendra Nath Barterjee v. Elizabeth Banerjee (1898) 3 C.W.N 250. Jenkins J. said that residence and not domicil had been made the

Dinesh Gijubhai Mehta Vs. Usha Dinesh Mehta

Court : Mumbai

Subject : Family

Acts : Hindu Marriage Act, 1955 - Sections 24, 25, 26 and 28; Constitution of India - Articles 226 and 227; Indian Divorce Act, 1869 - Sections 36; Code of Civil Procedure (CPC), 1908 - Sections 115

Reported in : AIR1979Bom173; (1978)80BOMLR298; 1979MhLJ367

by the learned trial Judge on 'l/5th net income rule' as conceived in Section 36 of the Indian Divorce Act, 1869 indicates his failure to apply his mind to the requirements of the 1955 Act and may have been … Section 28 of the Hindu Marriage Act provides fur appeals. It contemplates appeals against decrees or orders under Section 25 or 26 of the Act. The impugned order is neither a decree nor an order under Section 25

Hema Vs. S. Lakshmana Bhat

Court : Kerala

Subject : FamilyCivil

Acts : Hindu Marriage Act, 1955 - Sections 24 and 25; Divorce Act, 1869 - Sections 36

Reported in : AIR1986Ker130

payment and other relevant circumstances.8. Learned counsel for the respondent drawing inspiration from the proviso to Section 36, Divorce Act, 1869, contended that Rs. 800/-per month out of a monthly income of Rs. 4,000/- should be the maximum that … income of the spouses. It would be worthwhile to compare the provision in Section 24 with that in Section 25 dealing with permanent alimony and maintenance. That section requires the court to have regard to the income and

Raja Gopalan Vs. Rajamma

Court : Kerala

Subject : FamilyCivil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 115; Hindu Marriage Act, 1955 - Sections 25(1) and 25(3)

Reported in : AIR1967Ker181

learned Judge proceeds on the basis, that Section 25 follows more or less Section 37 of the Indian Divorce Act 1869 Act 4 of 1869; and the learned Judge notes only a difference that the Hindu Marriage Act imposes

Jacob Mathew Vs. Mrs. Maya Philip Alias Annama and anr.

Court : Kerala

Subject : Family

Acts : Divorce Act, 1869 - Sections 10, 15, 18 and 43; Guardian and Wards Act, 1890 - Sections 25

Reported in : AIR1999Ker192

bear their respective costs in this O.P. Family - divorce - Sections 10, 15, 18 and 43 of Divorce Act, 1869 and Section 25 of Guardian and Wards Act, 1890 - petitioner husband sought divorce on ground of adultery

Rosy Jacob Vs. Jacob A. Chakramakkal

Court : Supreme Court of India

Subject : Family

Acts : Guardians and Wards Act, 1890 - Sections 7, 17, 19 and 25; Constitution of India - Article 136; Code of Criminal Procedure (CrPC) - Sections 100; Indian Divorce Act, 1869 - Sections 3(5), 41 and 42

Reported in : AIR1973SC2090; (1973)1SCC840; [1973]3SCR918

the proceedings for judicial separation under the Indian Divorce Act, (4 of 1869) had made certain orders with respect to the custody, maintenance and education … the principles to be applied to cases of this kind will be the same both under the Indian Divorce Act and the Guardians and Wards Act, 1890. But since the father has specifically filed a petition, O.P. No. … Wards Act, 1890. But since the father has specifically filed a petition, O.P. No. 270 of 1970, under Section 25 of the Guardians and Wards Act, and that being a special law for the purpose will certainly apply,

Amarthala Hemalatha Vs. Dasari Balu Rajendra Varaprasad

Court : Andhra Pradesh

Subject : Family

Acts : Divorce Act, 1869 - Sections 7, 10, 14, 17, 22, 24, 25 and 26; Hindu Marriage Act, 1955 - Sections 13(1) and 13(1)(A); Special Marriage Act, 1954 - Sections 27(1) and 28; Matrimonial Causes Act, 1857; Supreme Court of Judicature (Consolidation) Act, 1925; Matrimonial Causes (Amendment) Act, 1937; Divorce Reform Act, 1969; Nullity of Marriage Act, 1971; Matrimonial Causes (Amendment) Act, 1973 - Sections 1(2); Matrimonial Causes (Amendment) Act, 1950;

Reported in : AIR1990AP220; II(1991)DMC194

The reference is disposed of accordingly. Family - dissolution of marriage - Sections 7, 10 and 22 of Divorce Act, 1869, Section 13 (1) (a) of Hindu Marriage Act, 1955 and Section 27 (1) (a) of Special Marriage Act, 1954 … which may come to or devolve upon her. Two other sub-clauses in the section again deal with property. Section 25 says that in every case of judicial separation under the Act, the wife shall, whilst so separated, be

Mrs. Nisha Ribero Vs. Mr. George Mario Ribeiro

Court : Delhi

Subject : Family

Acts : Indian Divorce Act, 1869 - Sections 10 and 17; Indian Divorce (Amendment) Act, 2001 - Sections 12; Indian Christian Marriage Act, 1872

Reported in : 2004IAD(Delhi)70; 108(2003)DLT48; II(2003)DMC807; 2003(71)DRJ763

ORDER1. This Reference has been made by the Additional District Judge under Section 17 of the Indian Divorce Act, 1869 by his order dated 25.9.2001. By a judgment and order of the same date i.e., 25.9.2001, the learned

K.M. Revanasiddeshwara Vs. K.M. Shylaja

Court : Karnataka

Subject : Land Acquisition

Sub-section (3).- Sub-section 3 of Sec.29, Limitation Act, 1908, makes the Limitation Act inapplicable to suits under the Divorce Act, 1869. There are other Acts, like the Parsi Marriage and Divorce Act and the Special Marriage Act, dealing with … contentions put forward. The said Section reads as under:- 29. Savings -(1) Nothing in this Act shall affect Section 25 of the Indian Contract Act, 1872 (9 of 1872). (2) Where any special or local law prescribes for

Nina Dalal Vs. Merwanji Pheeozshaw Dalal

Court : Mumbai

Subject : Family

Reported in : (1930)32BOMLR1046

Christians but only one, and that, consequently, the jurisdiction given or continued to this Court by the Indian Divorce Act 1869, as subsequently amended, does not apply.2. As regards the facts, it is sufficient to say that the lady … petition, as I have already said, is one for the restitution of conjugal rights. That is based on Section 32 of the Indian Divorce Act of 1869 which runs :--When either the husband or the wife has, … 2 of the Act, but this has been subsequently amended by Act XXV of 1926 and Act XXX of 1927. The result is that Section