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Thomas K. Varghese Vs. the Family Court
Kerala
Apr-28-2004
Family
Divorce Act, 1869 - Sections 3(3); Divorce (Amendment) Act, 2001
I(2005)DMC495; 2004(3)KLT1036
to entertain O.P. (I.D.A.) No. 942 of 1997 in view of the amendment to Section 3(3) of the Divorce Act, 1869 by Act No. 51 of 2001. Though the first respondent found that the allegation of the second respondent
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 … according to Christian rites. It is also his case that thereafter they lived together till April, 1992, and 3 children were born to them. In the petition it is specifically stated that he was employed in Air
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, … Christian religion, and to confer upon certain Courts jurisdiction in matters matrimonial, it is hereby enacted as follows' :Section 3(1) states that 'High Court' means, with reference to any area in a State, the High Court for that
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M.T. Carunya Vs. S. Joseph Chellappa
Chennai
Sep-15-1995
Family
Indian Divorce Act, 1869 - Sections 3 and 10; Indian Penal Code (IPC) - Sections 497
I(1996)DMC562; (1996)IMLJ409
Section 497, I.P.C. cannot be applied to the interpretation of the terms of Section 22 of the Indian Divorce Act, 1869. Further, the principle underlying the relief of judicial separation on the ground of adultery of the spouse, namely, … an offence against the society.4. The Indian Divorce Act does not contain any definition of the expression 'adultery'. Section 3, the interpretation clause, defines 'bigamy with adultery' as adultery with the same woman with whom the bigamy was
Tag this Judgment! AI Brief & AskSaroj W/O Maical @ Babasaheb Patole Vs. Maical @ Babasaheb Sadanana Pa ...
Mumbai
Dec-07-1999
Family
Divorce Act, 1869 - Sections 10 and 17; Evidence Act, 1872 - Sections 3
2000(2)ALLMR615; 2000(4)BomCR532; 2000(2)MhLj512
Order accordingly. Family - dissolution of marriage - Sections 10 and 17 of Indian Divorce Act, 1869 and Section 3 of Indian Evidence Act, 1872 - petition filed for dissolution of marriage on ground of ill-treatment and desertion … ORDERV.K. Barde, J.1. This is reference under section 17 of the Indian Divorce Act, 1869 (For short, hereinafter referred to as 'the Act'). The learned Judge of the Family Court, Aurangabad, has passed
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
Tag this Judgment! AI Brief & AskMrs. Vandana Fand anr. Vs. Mr. Subhash BenjamIn Borde
Mumbai
Jan-28-1994
Family
Evidence Act, 1872 - Sections 3, 59 and 60; Indian Divorce Act, 1869 - Sections 18
1994(4)BomCR403; I(1995)DMC183
Family Court, Pune, dated 20-3-1991. The parties to the proceedings are governed by the provisions of the Indian Divorce Act, 1869 and the appellate-wife before us had filed a petition under section 18 of the Indian Divorce Act praying
Tag this Judgment! AI Brief & AskRosy Jacob Vs. Jacob A. Chakramakkal
Supreme Court of India
Apr-05-1973
Family
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
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. … enacted in order to consolidate and amend the law relating to Guardian and Ward. But as provided by Section 3, this Act is not to be construed, inter alia, to take away any power possessed by any High
Tag this Judgment! AI Brief & AskT.J. Poonen Vs. Rathi Varghese
Kerala
Mar-18-1966
Family
Code of Civil Procedure (CPC) , 1908 - Sections 107 and 115 - Order 14, Rule 2 - Order 41, Rule 25; Divorce Act, 1869 - Sections 3(3)
AIR1967Ker1
respondent filed the Original Petition in question before the District Court, Trivandrum, under Section 18 of the Indian Divorce Act, 1869 (Central Act 4 of 1869), hereinafter to be referred to as the Act, for a declaration that the … then exercised by the High Courts in respect of divorce. The expression 'District Court' has been defined in Section 3, Clause (3) as follows: "(3) "District Court" means, in the case of any petition under this Act, the
Tag this Judgment! AI Brief & AskRosy Kurian Kannanaikal Vs. Joseph Verghese Cheeran
Karnataka
Apr-05-2002
FamilyCivil
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
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 … reference to High Court for confirmation 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 … by a three Judges Bench. The reference was numbered as C.R.C. No. 31 of 1999. However, the respondent-husband preferred an appeal under Section 19(1) of
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