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Mahendra Manilal Nanavati Vs. Sushila Mahendra Nanavati

Court : Supreme Court of India

Subject : Family

Acts : Hindu Marriage Act, 1955 - Sections 12 and 23; Evidence Act - Sections 112 and 114; Code of Civil Procedure (CPC) - Sections 107 - Order 41, Rules 20, 23 and 25; Constitution of India - Article 133(1)

Reported in : AIR1965SC364; (1964)66BOMLR681; 1965MhLJ365(SC); [1964]7SCR267

A.C. 391 should be followed by the Courts while dealing with case under s. 7 of the Indian Divorce Act, 1869, Section 23(1) of the Hindu marriage Act, 1955 which deals with the powers of the Court in a proceeding … Baroda, at Baroda, for the declaration of nullity of the marriage. The suit was, however, dismissed on September 30, 1949 as the appellant failed to establish that he had his domicile in that State. 4. The Act

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, … this has been subsequently amended by Act XXV of 1926 and Act XXX of 1927. The result is that Section 2 now runs as follows

Mrs. Pragati Varghese and Etc. Vs. Cyril George Varghese and Etc.

Court : Mumbai

Subject : Civil

Acts : Divorce Act, 1869 - Sections 10, 16, 17 and 20; Constitution of India - Articles 2, 13, 14, 15, 21, 38(2) and 44; High Court Original Side Rules, 1980 - Rule 28; Hindu Marriage Act, 1955 - Sections 7 and 13(1A); Dissolution of Muslim Marriages Act, 1939; The Parsi Marriage and Divorce Act, 1936; The Special Marriage Act, 1954; The Foreign Marriage Act, 1959 - Sections 22; Matrimonial Causes Act, 1857; Matrimonial Causes Act, 1923; Matrimonial Causes Act, 1937; Divorce Reforms Act, 1969; Matrimonial Causes Act, 1973 - Sections 1 and 3; Code of Criminal Procedure (CrPC) , 1973 - Sections 125 and 488; Indian Penal Code (IPC), 1860 - Sections 377 and 498-A; Evidence Act, 1872 - Sections 112

Reported in : AIR1997Bom349; 1997(3)ALLMR504; 1997(4)BomCR551; 1997BomCR(Cri)918; (1997)3BOMLR333; II(1997)DMC407; 1997(3)MhLj602

trial to the learned single Judge. Prayer, in this behalf, is accordingly rejected.59. Order accordingly. [A] The Indian Divorce Act, 1869 - Section 10 and Constitution of India, 1950: Article 19, 16,21 - Seeking a divorce on the ground of adultry … broken down. We suggest that the lime has come for the intervention of the legislature in these matters. 30. Hence, it would appear that endeavour on the part of Courts, just as those of the Law Commission

Mrs. Hazel Arnone Vs. George Thomas Robert Arnone and anr.

Court : Kerala

Subject : Family

Acts : Divorce Act, 1869 - Sections 7, 17A, 47 and 51

Reported in : AIR1966Ker34

wife of the first respondent She seeks a dissolution of her marriage under Section 10 of the Indian Divorce Act, 1869. 2. Under Section 10 a wife can present a petition praying that her marriage should be dissolved on … 51 and the opening words of Section 45 of the Indian Divorce Act, I do not think even Section 30, or Order XIX, Rule 1, C. p. C. would empower a Court to confine affidavit evidence to fringes

Sm. Nandarani Mujumdar Vs. Indian Air Lines and ors.

Court : Kolkata

Subject : Family

Acts : Special Marriage Act, 1954 - Section 37; ;Matrimonial Causes Act, 1857 - Section 32; ;Code of Civil Procedure (CPC) - Section 47

Reported in : AIR1981Cal27,85CWN47

during his natural life.14. In the background of the law as above then prevailing in England, the Indian Divorce Act, 1869, in Section 37 adopted the same scheme when it provided :'The High Court may, if it thinks fit … the marriage shall pay to the other such lump sum or sums as may be specified .....' 18. Section 30 further provides that where the Court decides to make a financial provision order requiring any payment to be

Bank of Baroda Vs. Deepak Raghuvir Wagle and anr.

Court : Mumbai

Subject : Civil

Acts : Code of Civil Procedure (CPC) - Sections 122 and 254 - Order 5, Rule 9 - Order 6, Rule 5 - Order 7, Rule 9 - Order 9, Rule 9 - Order 11, Rule 7, 19 - Order 17, Rule 7 - Order 21, Rule 50 - Order 26, Rule 1 - Order 30, Rules 1 and 2; Companies Act, 1956 - Sections 81 and 169; Banking Regulations Act, 1949; Indian Divorce Act, 1869; Code of Criminal Procedure (CrPC) , 1973 - Sections 125; Bombay High Court (O.S.) Rules, 1980 - Rules 45, 47, 87, 127, 131, 133, 157, 163, 185, 187, 188, 215, 402, 448, 809, 886 and 986; Original Side Rules

Reported in : 2007(3)ALLMR439; 2007(6)BomCR38; (2007)109BOMLR2245; 2008(2)MhLj381

under Rule 809 for fixing the returnable date of the notice to appear and answer under the Indian Divorce Act, 1869. (26) Applications under Rule 859 for depositing powers of Attorney in the registry. (27) Inquiry under Rule 886 … added when such statement is required.If office objections are not removed within 30 days as per the provisions of Rule 986, the plaint can be … that in framing Rules the court is guided by the provisions of the Civil Procedure Code. Perusal of Section 122 of the Civil Procedure Code shows that Section 122 also confers power on the High Court to

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

Monika Sanctis Vs. Henry Joseph and anr.

Court : Karnataka

Subject : Family

Acts : Divorce Act, 1869 - Sections 10, 14, 16 and 17; Family Courts Act, 1984 - Sections 19

Reported in : ILR2004KAR2081; 2003(2)KarLJ588

between the parties had been dissolved. However, we had referred to the provisions of Section 16 of the Divorce Act, 1869 in the last para of the judgment and had indicated that the decree of nisi for divorce can

George Joseph Vs. Alphonsa Alias Lovely Mathew and anr.

Court : Kerala

Subject : Family

Acts : Divorce Act, 1869 - Sections 19 and 19(3)

Reported in : AIR1999Ker25; II(1999)DMC238

therefore he is entitled to a decree for nullity of his marriage under Section 18 of the Indian Divorce Act, 1869 read with Section 19. He had also alleged fraud on the part of the respondent in obtaining his … 1st respondent. After betrothal there was a feast in the house of the 1st respondent, in which about 30 person from his side took part. In all the ceremonies on that day the 1st respondent participated. His

Jeviyar Cleman Vs. Smt. Ashalata

Court : Madhya Pradesh

Subject : Family

Acts : Divorce Act, 1869 - Sections 10 and 17; Special Marriage Act - Sections 27

Reported in : AIR1989MP263

Trial Court has, however, held that since the parties to the suit for divorce were Christians, the Indian Divorce Act, 1869 was applicable to them and accordingly the petitioner is entitled to get a decree for divorce in his … a reference made by the Addl. Judge to the Court of the District Judge, Mandsaur, Neemuch under Under Section 17 of the Indian Divorce Act for confirmation of the decree for dissolution of marriage made by him