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Manekbai Nadirshaw Vachha Vs. Nadirshaw Jamshedji Vachha

Court : Mumbai

Subject : Family

Reported in : (1936)38BOMLR836; 165Ind.Cas.977

the section corresponding to Section 34 of the Parsi Marriage and Divorce Act (viz., Section 37 of the Divorce Act, 1869). Lord Russell in dealing with orders for alimony after judicial separation pointed out that such orders differed from … person supplying her with necessaries during the time of such disobedience, for the price or value of such necessaries.Section 35 provides that in all cases in which the Courts shall make any decree or order for alimony, it

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 … the Letters Patent, though Shah J., held that the total matrimonial jurisdiction of this Court was exercisable under Section 35 of the Letters Patent.17. In the year 1954, the Special Marriage Act was brought on the statute book.

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 … proceedings before us, I would direct the co-respondent to pay the whole of these costs, having regard to Section 35 of the Act. In my judgment, he has committed adultery with the respondent, and I see DO adequate

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, … jurisdiction to matters matrimonial between subjects professing the Christian religion, thus Clause 35 of the Letters Patent of 1862 runs :-And We do further ordain

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 … aforesaid question, it will be profitable to refer to the Sections 17, 35, 36 and 37 of the SARFAESI Act and Section 24 of the … 2008 passed by the Presiding Officer, Debts Recovery Tribunal No.1, Kolkata, in O.A./SARFAESI 70/07 rejecting an application under Section 5 of the Limitation Act filed by the writ petitioner for condonation of delay in filing the application

Rachel BenjamIn Vs. BenjamIn Solomon Benjamin

Court : Mumbai

Subject : Family

Reported in : (1926)28BOMLR328; 94Ind.Cas.59

Court an issue was raised and the argument turned on the interpretation of Section 2 of the Indian Divorce Act, 1869, viz., whether the 'residence' of the petitioner justified the requirements of that section. The Court held upon that … Admiralty and Vice.Admiralty Jurisdiction, Clauses 31 & 32.(III) Testamentary & IntestateJurisdiction, Clauses 33 & 34.(IV) Matrimonial Jurisdiction, Clause 35,15. In Nusserwanjee Wadia v. Eleonora Wadia I.L.R.(1913) 38 Bom. 125 : 15 Bom. L.R. 593 the appellate Court

Bachel BenjamIn Vs. BenjamIn Solomon Benjamin

Court : Mumbai

Subject : Family

Reported in : AIR1926Bom169

Court an issue was raised and the argument turned on the interpretation of Section 2 of the Indian Divorce Act, 1869, viz., whether the residence' of the petitioner justified the requirements of that section. The Court held upon that … and Vice-Admiralty Jurisdiction, Clauses 31 and 32.(III) Testamentry and Intestate Jurisdiction, Clauses 33 and 34.(IV) Matrimonial Jurisdiction, Clause 35.14. In Nusserwanjee Wadia v. Eleonora Wadia [1913] 38 Bom. 125 the appellate Court had recourse to the Despatch

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 … is consequential to the changes 'made in Section 10 of the Act. Clause 18.--This clause seeks to substitute Section 35 of the Act so as to make provision for the adulterer as well as the adulteressto pay costs.

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 … personal laws are applicable to different communities in India. The debates of the constituent Assembly relating to Article 35 of the draft constitution corresponding to Article 44 of the constitution leave no scope for doubt with regard

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 … petition filed by the husband who is an Indian Christian under the Indian Divorce Act and under Clause 35 of the Letters Patent for obtaining a decree that his marriage with the respondent be declared null and