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Bai Umiyabhen Vs. Ambalal Laxmidas

Court : Gujarat

Subject : Family

Acts : Hindu Marriage Act, 1955 - Sections 3, 9, 10, 11, 12, 13, 14, 22, 24, 25, 26 and 28; Code of Civil Procedure (CPC), 1908 - Sections 2(2), 96, 100 and 104 - Order 4, Rule 1 - Order 43, Rule 1; Limitation Act - Schedule - Articles 151 and 156; Representation of the People Act - Sections 116A(1) and 116A(2); Indian Divorce Act, 1869 - Sections 55

Reported in : AIR1966Guj139; (1965)GLR714

the second part of the section. In this connection we might refer to Section 55 of the Indian Divorce Act, 1869, where the language used by the Legislature is that 'AH decrees and orders made by the Court in … Bhagwati, J.1. This appeal raises a rather difficult question relating to construction of Section 28 of the Hindu Marriage Act, 1955. Some three years back this Court had occasion to observed in regard

Reynold Rajamani and anr. Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Subject : Family

Acts : Indian Law; Special Marriage Act, 1954 - Sections 27 and 28; Indian Divorce Act, 1869 - Sections 7 and 10; Hindu Marriage Act, 1955 - Sections 13 and 13-B; Indian Christian Marriage Act, 1872; Dissolution of Muslim Marriages Act, 1939 - Sections 2; English Matrimonial Causes Act, 1973 - Sections 1(2)

Reported in : AIR1982SC1261; 1982(1)SCALE566; (1982)2SCC474; [1983]1SCR32; 1982(14)LC570(SC)

for permission to amend the joint petition to enable them to rely upon Section 7 of the Indian Divorce Act, 1869 read with Section 1(2)(d) of the Matrimonial Causes Act, 1973 of England. The amendment was allowed and the … of the Indian Christian Marriage Act, 1872. On July 26, 1979 they put in a joint petition under Section 28 of the Special Marriage Act for a decree of divorce by mutual consent in the Court of the

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 … in Section 13B of the Hindu Marriage Act, Section 32B of the Parsi Marriage and Divorce Act and Section 28 of the Special Marriage Act. The only difference is that instead of the period of two years mentioned

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 … Law from time to time. In the abovesaid case the parties sought to obtain consent divorce under Sec. 28 of the Special Marriage Act, but the District Judge, Delhi dismissed the application on the ground that the

Kamal V.M. AllaudIn and Etc. Etc. Vs. Raja Shaikh and Etc. Etc.

Court : Mumbai

Subject : Family

Acts : Family Court's Act, 1984 - Sections 2, 3, 7, 8, 9, 10, 19, 20 and 28; Code of Civil Procedure (CPC), 1908 - Sections 2(4) and 9; Maharashtra Family Rules, 1987 - Rule 35; Family Courts (Court) Rules, 1988 - Rule 50; Code of Criminal Procedure (CrPC) , 1973; Civil Court Act; Hindu Bigamous Marriages Act, 1946; Bombay Matrimonial (Transfer of Cases), Act, 1950 - Sections 4A, 19 and 35; Indian Divorce Act, 1945; Bombay City Civil Court Act, 1869 - Sections 3, 4, 5 and 12; Special Marriage Act, 1954; Foreign Marriage Act, 1969 - Sections 18(2); Hindu Marriage Act, 1956; Hindu Marriage Act, 1955 - Sections 29(2); Indian Divorce Act, 1869; Parsi Marriage and Divorce Act, 1936 - Sections 18; Muslim Marriage Act, 1939 - Sections 15; General Clauses Act, 1897;

Reported in : AIR1990Bom299

intact.19. There are two other principal statutes of which note is required to be taken. Under the Indian Divorce Act, 1869, the term 'High Court' has been explained in the Interpretation Clause. Under Section 3(1) 'High Court' means,--'With reference … Act prescribes the jurisdiction, powers and authority of the Central Administrative Tribunal in service matters mentioned therein and Section 28 excludes jurisdiction of Courts except the Supreme Court under Article 136 of the Constitution, in respect of matters

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 … said application. He also relied upon Lata v. Vilas, to substantiate his argument that in an appeal under Section 28 of the Hindu Marriage Act. Section 12(2) of the Limitation Act is applicable and therefore, time required for

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 … the Act, grounds for divorce are common to both. Even divorce by mutual consent is permitted as per Section 28 of the Act. 5. The Foreign Marriage Act, 1969. The above Act applies to Indian citizens whose marriage

Mary Sonia Zachariah Vs. Union of India (Uoi) and ors.

Court : Kerala

Subject : Family

Acts : Indian Divorce Act, 1869 - Sections 10 and 22; Constitution of India - Articles 13, 14, 15, 19 and 21; Hindu Marriage Act, 1955; The Dissolution of Muslim Marriage Act, 1939; The Parsi Marriage and Divorce Act, 1936; The Special Marriage Act, 1954; The Foreign Marriage Act, 1969

Reported in : II(1995)DMC27

T.V. 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 … the Act, grounds for divorce are common to both. Even divorce by mutual consent is permitted as per Section 28 of the Act.5. The Foreign Marriage Act, 1959.The above Act applies to Indian citizens whose marriage has been

David Alias Balasaheb Sunderrao Takalkar Vs. Kalpana Alias Mai Alias V ...

Court : Mumbai

Subject : Family

Reported in : (1976)78BOMLR85

It is mainly the case of the petitioner that the petition is under Section 18 of the Indian Divorce Act, 1869 for marriage being declared null and void and it is urged that Section 19 provides the grounds on … suitable person as wife for the petitioner.2. As suggested by the parties, a meeting was arranged on April 28, 1968 in Bombay at the residence of the respondent at Goregaon. It is the petitioner's case that the

Chander Dev Chad Vs. Rani Bala

Court : Delhi

Subject : FamilyLimitation

Acts : Hindu Marriage Act, 1955 - Sections 28(1); Limitation Act, 1963 - Sections 5

Reported in : AIR1979Delhi22; ILR1978Delhi331

Act shall apply to any suit or other proceeding under any such law. (4) (7) Under the Indian Divorce Act. 1869, the remedy to obtain relief in matrimonial causes is by way of suit. Under the Hindu Marriage Act, … at once. One is sec. 28(4) of the Hindu Marriage Act which says : 'Every appeal under this section shall be preferred within a period of thirty days from the date of decree or order.' The other