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Rosy Kurian Kannanaikal Vs. Joseph Verghese Cheeran

Court : Karnataka

Subject : FamilyCivil

Acts : Divorce Act, 1869 - Sections 10, 10A, 14, 16, 17, 19 and 20; ;Family Courts Act, 1984 - Sections 19 and 19(1); Divorce (Amendment) Act, 2001- Sections 29 and 55

Reported in : II(2002)DMC79; ILR2002KAR1831; 2004(3)KarLJ75

of a decree for dissolution of marriage or nullity of marriage, under Sections 17 and 20 of the Divorce Act, 1869, is necessary where such decree is granted by a Family Court, under the Family Courts Act, 1984?(ii) Whether … old Section 17 of the Divorce Act would be appealable under Section 55 of the Divorce Act as Section 29 of the Amendment Act, 2001 has omitted first proviso to Section 55. The appeal would therefore lie to

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, … Act by reason of the provision contained in subsection (3) of s. 29 of the Limitation Act and thereforee the appeal had to be filed … 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

Kunnarath Yesoda Vs. Manathanath Narayanan

Court : Kerala

Subject : Family

Acts : Code of Civil Procedure (CPC) ; Hindu Marriage Act, 1955 - Sections 15, 23 and 28(4); Limitation Act, 1963 - Sections 12, 12(2), 24(4), 29, 29(2) and 29(3); General Clauses Act, 1897 - Sections 10

Reported in : AIR1985Ker220

relevant portion of the reference order is extracted below : --The reason for excluding suits under the Indian Divorce Act, 1869 from the operation of the Limitation Act, is obvious and that is, the policy of law is such … taken to obtain a certified copy of the decree of the lower court, for filing the appeal? Can Section 12(2) of the Limitation Act be invoked by the appellant?2. The appellant is the wife who married the … appellant applied for a copy on 30-1-1980. He received the copy on 29-3-1980 and filed this appeal on 8-4-1980. The appeal has been filed beyond

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). … Yadav v. Lalit Narayan Mishra : : [1974]3SCR31 nor the scheme of the Act nor the provisions of section 29(2) of the Limitation Act. Chatterjee J. also said that Guha J had overlooked the decision of Chittatosh Mukherjee

John over Vs. Muriel A.i. over

Court : Mumbai

Subject : Family

Reported in : (1925)27BOMLR251

The sole jurisdiction of the District Court to dissolve Christian marriages is to be found in the Indian Divorce Act, 1869, and it is incumbent on the Court strictly to follow the statutory directions therein given. The District Court … in her letters-Extreme caution before granting divorce-Indian Evidence Act (I of 1872), Section 58-Indian Divorce Act (IV of 1869), Section 10.;The Court will not grant a decree on the petition by a husband on the ground of the … Williams v. Williams and Padfield (1865) L. R. 1 P. & D. 29 with reference to the case, it is pointed out (p. 31):-The case

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 … after noting the definition of the expression 'District Court' contained in the Hindu Marriage Act, stated that Section 29(2) of the Hindu Marriage Act, 1955, in terms savescustoms and enactments which give right to a party to

Subrata Kumar Banerjee Vs. Dipti Banerjee

Court : Kolkata

Subject : FamilyCivil

Acts : Divorce Act, 1869 - Section 14; ;Evidence Act, 1872 - Sections 3 and 29

Reported in : AIR1974Cal61,77CWN944

however, been disallowed. The said decree is awaiting confirmation by this court under Section 17 of the Indian Divorce Act, 1869.17. Mr. Dutta learned Advocate represents the wife, respondent before us. Mr. Dutta has challenged the finding of the … best endeavour to lead a peaceful marital life, she left his house and went to her mother on 29-3-65, and after staying there for sometime went to Simla at the instigation of the co-respondent. On returning back

Akshat Commercial Pvt. Ltd. and anr. Vs. Kalpana Chakraborty and ors.

Court : Kolkata

Subject : BankingLimitation

Acts : Limitation Act, 1963 - Sections 2, 2(1), 4 to 29 and 31 - Schedule - Articles 118 to 137; ;Limitation Act, 1908 - Schedule - Articles 97 and 182; ;Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 - Sections 13(1), 13(4), 13(5), 17, 17(1), 17(4), 17(5), 17(6), 17(7), 24, 34, 35, 36 and 37; ;Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Section 24; ;Companies Act, 1956; ;Securities Contracts (Regulation) Act, 1956; ;Securities and Exchange Board of India Act 1992; ;Indian Contract Act, 1872 - Section 25; ;Indian Easements Act, 1882 - Section 2; ;West Bengal Land Reforms (Amendent) Act, 1972 - Sections 6, 7, 8 and 9; ;Arbitration Act, 1940 - Section 20 and 20(2); ;Indian Divorce Act, 1869; ;Uttar Pradesh Ag

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). A … and Section 24 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 and also Section 29 of the Limitation Act, 1963 which are quoted below:17. Right to appeal.--(1) Any person (including borrower), aggrieved by

John over Vs. Muriel Alleen Isidore over

Court : Mumbai

Subject : Family

Reported in : AIR1925Bom231; (1925)ILR49Bom368

quite free from you....'18. Under those circumstances this present petition was filed under Section 10 of the Indian Divorce Act, 1869, for a dissolution of the marriage of 1920 by reason of the wife's adultery with an unknown man. … it in cases like the present.7. In Williams v. Williams and Padfield (1865) L.R. 1 P. & D. 29 with reference to the case, it is pointed out:The case cited is an authority for the proposition that

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