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Prabhakar Bhaskar Vs. Usha Prabhakar

Court : Mumbai

Subject : Family

Acts : Code of Civil Procedure (CPC), 1908 - Sections 96; Bombay Hindu Divorce Act, 1947 - Sections 5, 5A, 8 and 13; Bombay Matrimonial (Transfer of Cases) Act, 1950; Bombay Civil Courts Act, 1869 - Sections 2, 8, 16, 17 and 26; Bombay Civil Courts (Amendment) Act, 1949 - Sections 6

Reported in : AIR1953Bom189; (1953)55BOMLR59; ILR1953Bom323

Court under the provisions of Section 8, Bombay Civil Courts Act of 1869.[4] Under Section 5, Bombay Hindu Divorce Act of 1917, every suit under the Act has to be instituted in the Court within the limits of … is not covered either by Section 16 or 17. The only section that might possibly be applicable is Section 26. That section says that'in all suits decided by a Civil Judge of which the amount or value of

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 … 26 of the Act. The impugned order is neither a decree nor an order under Section 25 or Section 26 of the Act. This order, therefore, does not appear to be appeal able. Mr. Khambatta, the learned Advocate

S. Narasimha Bhandary Vs. V. Vijaya Bai

Court : Karnataka

Subject : Family

Acts : Hindu Marriage Act, 1955 - Sections 10(2); Indian Divorce Act, 1869 - Sections 26; Matrimonial Causes Act, 1965 - Sections 12

Reported in : AIR1978Kant115; ILR1978KAR752; 1978(1)KarLJ429

10(2) of the Act.6. At this stage it is appropriate to refer to corresponding provisions in the Indian Divorce Act, 1869 and the Matrimonial Causes Act, 1965 which is in forest in England, Section 26 of the Indian Divorce

Peter Philip Saldanha and ors. Vs. Anne Grace Saldanha

Court : Mumbai

Subject : Direct Taxation

Reported in : 124Ind.Cas.776

jurisdiction in this suit to pass a decree for restitution of conjugal rights. Section 32 of the Indian Divorce Act of ,1869 requires an application for restitution of conjugal rights to be made by petition, and except upon … Sottomayer v. De Barros (1878) 3 P.D. 1 : 47 L.J. P. 23 : 37 L.T. 415 : 26 W.R. 455; Cotton, L.J, delivering the judgment of, the Court of Appeal, said (page 5):The law of a

Mr 'X' Vs. Hospital 'Z'

Court : Supreme Court of India

Subject : Consumer

Acts : Constitution of India - Article 21; Indian Penal Code (IPC) - Sections 26, 269 and 270; Hindu Marriage Act, 1955 - Sections 13(1); Dissolution of Muslim Marriage Act, 1939 - Sections 2; Parsi Marriage and Divorce Act, 1936 - Sections 32; Indian Divorce Act, 1869 - Sections 10; Indian Medical Council (Amendment) Act, 1964; Indian Medical Council Act, 1956 - Sections 20A; Special Marriage Act 1954 - Sections 27

Reported in : AIR1999SC495; JT1998(7)SC626; 1998(6)SCALE230; 1999(1)LC232(SC); (1998) 8 SCC 296

is that the defendant has, since the marriage, infected the plaintiff with venereal disease. 34. Under the Indian Divorce Act, 1869, the grounds for dissolution of a marriage have been set out in Section 10 which provides that a … criticism of the appellant and he was ostracized by the community. The appellant left Kohima (Nagaland) around November 26, 1995 and started working and residing at Madras. 5. The appellant then approached the National Consumer Disputes Redressal

Serish Maji Vs. Nishit Kumar Dolui

Court : Kolkata

Subject : Property Limitation

Acts : Limitation Act, 1963 - Sections 2, 2(1), 4, 5, 5(5), 6, 7, 8, 9, 11, 14, 14(2), 15, 16, 17, 21, 29, 29(2) and 31 - Schedule - Articles 97;; West Bengal Land Reforms Act, 1955 - Sections 3, 4, 5 to 7, 8, 9 to 13, 14M, H, O, 15 to 24, 25 and 140;; Constitution of India - Articles 118 to 137 and 226;; Arbitration Act, 1940 - Section 20(2);; Calcutta High Court Original Side Rules - Rules 4 and 28;; Code of Civil Procedure (CPC), 1908 - Sections 11 and 26;; West Bengal Land Reforms Rules, 1965 - Rule 26;; Indian Divorce Act, 1869;; Administrative Tribunals Act, 1985 - Section 29;; West Bengal Land Reforms (Amendment) Act, 1972 - Section 7;; Kerala Building (Leasing and Rent Control) Act, 1965 - Section 18;; Rent Act, 1959;; Indian Limitation (Amendment) Act, 1908 - Sections 5 and

Reported in : (2000)2CALLT125(HC)

a suit and the parties are described as plaintiff and defendant respectively. Similarly, matrimonial suits under the Indian Divorce Act,1869 are originated by filing a petition (Vide Chapter XXXVA of the Original Side Rules of this Court). … and numbered as an ordinary suit (Vide Chapter XIII of the Original Side Rules of this Courl).46. Even section 26 of the Code of Civil Procedure, 1908 provides that 'every suit shall be instituted by the presentation of

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 … passed either for adultery or desertion or cruelty. It is indeed substitution of statutory cruelty for individual cruelty. Section 26 of the Act empowers either the husband or the wife to present petition to the Court to seek

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 … provide for any decree for dissolution being passed in case of non-resumption of cohabitation for any specified period. Section 26 provides for a reversal of a decree of judicial separation on the ground that the same has been

A.V. Arockiam and Etc. Vs. Arul Mary Alias Latchumi Devi and anr.

Court : Chennai

Subject : Family

Acts : 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

Reported in : 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, … clearly that it possesses jurisdiction 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, … learned Judge has referred to the speech in the Legislative council on 26th March, 1869 by the Hon'ble Mr. Maine in paragraph 8 of his

Dr. (Mrs.) Ruth Annamalai Vs. Mrs. Valliammai Achi, W/O of Late Dr. Al ...

Court : Chennai

Subject : Family

Acts : T.N. Court-fee and Suits Valuation Act, 1955 - Schedule - Sections 55, 56, 61 and 63 - Articles 1 to 6, 7, 11(K); Indian Succession Act, 1925 - Sections 222, 261, 264, 265, 266, 268, 276, 284, 295 and 299; High Court Original Side Rules - Order 25, Rules 4, 25, 55, 689, 690 and 692; Hindu Succession Act, 1956 - Sections 235; Code of Civil Procedure (CPC). 1908 - Sections 26, 75 to 78, 86, 87-B, 90 to 92, 94, 95, 100, 104, 141 and 144 - Order 41 Rule 1; Original Side Rules, 1956 - Order 2, Rules 2, 20 to 50, 51 to 68; Government of India Act, 1915; Indian Oaths Act, 1873; Transfer of Property Act, 1882; Parition Act, 1893; Guardians and Wards Act, 1890; Indian Divorce Act,1869; Specific Relief Act, 1877; Indian Arbitration Act, 1940; Indian Stamp Act, 1899;

Reported in : AIR1991Mad284

Wards Act, 1890 (VIII of 1890). 8. The Indian Succession Act, 1925 (XXXIX of 1925). 9. The Indian Divorce Act (IV of 1869) and the Acts amending the same. 10. The Specific Relief Act, 1877 (I of 1877). … that it was very difficult to accept the view that these proceedings of a suit as contemplated under Section 26 by the presentation of a plaint and then obviously a petition for letters of administration with the will