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Jan 11 1982

ivan Erasmus Vs. Mrs. Zena Erasmus

Court : Allahabad

Decided on : Jan-11-1982

Subject : Family

Acts : Divorce Act, 1869 - Sections 36 and 41; Hindu Marriage Act, 1955 - Sections 24 and 26; Allahabad High Court Rules, 1952 - Rule 6

Reported in : AIR1982All194

lite to the respondent wife at the rate of Rs. 600 per month under Section 36 of the Divorce Act, 1869 (hereinafter referred to as the 'Act') in a suit for divorce instituted by the appellant against the respondent.

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Jan 25 2002

Caroline Perpetua Eardley Vs. Glenn B. Eardley and anr.

Court : Karnataka

Decided on : Jan-25-2002

Subject : Family

Acts : Divorce Act, 1869 - Sections 36

Reported in : II(2002)DMC34; ILR2002KAR1618; 2002(2)KarLJ509

(Senior Division) and Principal Judicial Magistrate First Class, K.G.F., on an application under Section 36 of the Indian Divorce Act, 1869 seeking interim maintenance for the petitioner-wife. The application has by the said order been dismissed on the ground

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Mar 07 1978

Dinesh Gijubhai Mehta Vs. Usha Dinesh Mehta

Court : Mumbai

Decided on : Mar-07-1978

Subject : Family

Acts : Hindu Marriage Act, 1955 - Sections 24, 25, 26 and 28; Constitution of India - Articles 226 and 227; Indian Divorce Act, 1869 - Sections 36; Code of Civil Procedure (CPC), 1908 - Sections 115

Reported in : AIR1979Bom173; (1978)80BOMLR298; 1979MhLJ367

by the learned trial Judge on 'l/5th net income rule' as conceived in Section 36 of the Indian Divorce Act, 1869 indicates his failure to apply his mind to the requirements of the 1955 Act and may have been

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Jul 19 1985

Hema Vs. S. Lakshmana Bhat

Court : Kerala

Decided on : Jul-19-1985

Subject : FamilyCivil

Acts : Hindu Marriage Act, 1955 - Sections 24 and 25; Divorce Act, 1869 - Sections 36

Reported in : AIR1986Ker130

payment and other relevant circumstances.8. Learned counsel for the respondent drawing inspiration from the proviso to Section 36, Divorce Act, 1869, contended that Rs. 800/-per month out of a monthly income of Rs. 4,000/- should be the maximum that

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Oct 11 1991

Mrs. Myra Joseph Braz Dias Vs. Joseph Braz Dias

Court : Mumbai

Decided on : Oct-11-1991

Subject : Family

Acts : Divorce Act, 1869 - Sections 36; Hindu Marriage Act, 1955; Consent Act, 1891

Reported in : AIR1992Bom142; 1991(4)BomCR396; (1992)94BOMLR814

Court in Dinesh Gijubhai Mehta v. Usha Dinesh Mehta, on the proviso to S. 36 of the Indian Divorce Act, 1869. The learned Judges observed :'We are unable to trace any rational basis for this rule which prevents the … to the Secretary to Government, Ministry of Law and Justice, New Delhi.7. Appeal dismissed. Divorce Act, 1869 - Section 36 - Proviso - Rule that wife cannot claim more than 1/5th of net income of husband requires reconsideration

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Oct 17 1989

Joykutty Mathew Vs. Valsamma Kuruvilla

Court : Kerala

Decided on : Oct-17-1989

Subject : Family

Acts : Indian Divorce Act, 1869 - Sections 19 and 36; Hindu Marriage Act, 1955 - Sections 13, 13(1) and 24

Reported in : AIR1990Ker262; I(1991)DMC479

1984 dismissing his Petition for a declaration that the marriage is a nullity and void under the Indian Divorce Act, 1869. The O. P. was filed on 10-11-1984 and was dismissed on 6-7-1987. The main grounds on which the … husband has to maintain his aged parents. The learned District Judge did not go into the ingredients of Section 36 of the Indian Divorce Act, under which the Petition was filed. It is the claim of the appellant-petitioner

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Apr 06 1948

Ramesh Ramanlal Saraiya Vs. Kusum Madgaokar

Court : Mumbai

Decided on : Apr-06-1948

Subject : Family

Reported in : AIR1949Bom1; (1948)50BOMLR426

alimony to wife.;The Court which passes a decree for nullity of marriage, under Section 19 of the Indian Divorce Act, 1869, has also jurisdiction, under Section 7 of the Act, to grant permanent alimony to the wife. The omission … decree for judicial separation. Part VII deals with restitution of conjugal rights and part IX deals with alimony. Section 36 deals with alimony pendente lite and it is clear that under that section in terms the Court has

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Jun 26 1987

Vera Aranha Vs. Jacob Harlad Aranha

Court : Mumbai

Decided on : Jun-26-1987

Subject : Family

Acts : Divorce Act, 1869 - Sections 36, 45 and 55; Code of Civil Procedure (CPC), 1908

Reported in : (1987)89BOMLR402; 1987MhLJ849

(Act XXV of 1955), Sections 28, 21, 24.;Having regard to the provisions of Section 55 of the Indian Divorce Act, 1869, an order of alimony pendente lite, made under Section 36 of that Act is appealable. ;Under Section 55

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Sep 09 1983

Kaushalya Singha Vs. A.K. Singha and anr.

Court : Delhi

Decided on : Sep-09-1983

Subject : Family

Acts : Divorce Act, 1869 - Sections 36

Reported in : 24(1983)DLT313

a petition for judicial separation against the respondent under Section 22, read with Section 23 of the Indian Divorce Act, 1869. On 27th/30th April, 1981 she moved an application for pendente lite maintenance. The learned Trial Judge found that … the order. The order was passed on 29-5-1982. (3) The application for pendente lite maintenance was made under Section 36 of the Indian Divorce Act. The said section reads as under : '36.Alimony pendente lite.-In any suit under

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Jan 10 1992

Winfred Dhanraj Samuel Vs. Betsy Ratnakumari

Court : Chennai

Decided on : Jan-10-1992

Subject : Family

Acts : Indian Divorce Act, 1869 - Sections 36 and 37; Code of Civil Procedure (CPC)

Reported in : II(1992)DMC219; (1992)IIMLJ106

if any in accordance with law. No costs. Family - maintenance - Sections 36 and 37 of Indian Divorce Act, 1869 and Code of Civil Procedure, 1908 - review application filed by petitioner-husband to stay Order giving direction to … in granting maintenance to the wife, which according to the learned Senior Counsel is beyond the scope of Section 36 and 37 of the, Indian Divorce Act. Mr. Sridevan further contended that while under Section 36 the Court

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