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May 06 1997

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

Court : Mumbai

Decided on : May-06-1997

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 … before law can be predicated meaningfully only in an equal society i.e., in a society contemplated by Article 38 of the Constitution.27. In the case of, 'Abedabi d/o Doud Shaikh v. Sikandar Akabar Mujawar, 1980 Bom CR

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Aug 12 2011

K. Binulal Vs. R.S. Roopa

Court : Kerala

Decided on : Aug-12-2011

Subject : Land Acquisition

Reported in : 2011(3)KLJ782; 2011(3)KLT933; 2011(3)ILR(Ker)836; 2011(3)KHC738

to that in Section 24 of the Hindu Marriage Act, 1955; Section 36 or 41 of the Indian Divorce Act, 1869; Section 38 of the Special Marriage Act, 1954 or Section 39 of the Parsi Marriage and Divorce Act, 1936. Unlike

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May 18 2010

Haseena Mansoor Vs. State of Kerala

Court : Kerala

Decided on : May-18-2010

Subject : Family

Acts : Guardian and Wards Act, 1890; ;Indian Succession Act, 1925 - Section 118; ;Divorce Act, 1869 - Section 10; ;Kerala Public Services Act, 1968 - Section 2(1); ;Protection of Human Rights Act, 1993 - Section 2; ;Mohammedan Law; ;Constitution of India - Articles 13, 13(1), 13(2), 13(3), 14, 15, 15(1), 15(3), 16(2), 21, 38, 38(1), 38(2), 39, 46, 51A and 309; ;Kerala Service Rules - Rule 118

Reported in : 2010(2)KLJ981

v. Union of India 1995(1) KLT 644 holding as unconstitutional, the apparent classification in Section 10 of the Divorce Act, 1869, effectively classifying the Christians as a lot, on the ground of religion, was also referred to.Submissions on behalf … Constitution and that the said provision is in violation of the public policy and constitutional mandate under Articles 38, 39, 46, 15 and 14 to accord social and economic democracy to women as assured in the Preamble

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Aug 29 2001

M. Vijaya Vs. Chairman and Managing Director, Singareni Collieries Co. ...

Court : Andhra Pradesh

Decided on : Aug-29-2001

Subject : Constitution

Acts : Constitution of India - Articles 14, 19(1), 20, 21, 38, 39, 47 and 226; Bio-Medical Waste (Management and Handling) Rules, 1998; Epidemic Diseases Act, 1897; Epidemic Diseases (Amendment) Act, 1987; Andhra Pradesh Public Health Act, 1939 - Sections 52; Societies Registration Act; Drugs Control Act; Immoral Traffic (Prevention) Act, 1956 - Sections 10-A, 17(4) and 19(2); Prisons Act, 1894 - Sections 24, 37, 38 and 39; Andhra Pradesh Prisons Rules, 1979 - Rules 583 to 653 and 1007 to 1014; Dissolution of Muslim Marriage Act, 1939 - Sections 2; Parsi Marriage and Divorce Act, 1936 - Sections 32; Indian Divorce Act, 1869 - Sections 10; Hindu Marriage Act, 1956 - Sections 13; Special Marriage Act, 1955 - Sections 27; Indian Penal Code (IPC), 1860 - Sections 269 and 270

Reported in : I(2002)ACC32; 2002ACJ32; 2001(5)ALD522; 2001(5)ALT154

of Muslim Marriage Act, 1939, Section 32 of Parsi Marriage and Divorce Act, 1936, Section 10 of Indian Divorce Act, 1869, Section 13 of Hindu Marriage Act, 1956 and Section 27 of the Special Marriage Act, 1955 make incurable veneral … which 44 are from Government sector, 5 Central Government, 2 autonomous, 11 Quasi-Government, voluntary, 33 Hospital attached and 38 are private commercial blood banks. NACO has upgraded the Zonal Blood Banks and the District level blood banks

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Feb 25 2010

Devi Saran Mishra Vs. the Union of India (Uoi) and ors.

Court : Allahabad

Decided on : Feb-25-2010

Subject : Criminal

35A of Central Excises and Salt Act 1944. The High Courts have also enjoyed jurisdiction under the Indian Divorce Act, 1869, and the Parsi marriage and Divorce Act, 1936. Different types of litigation coming before the High Court in … Section 37 deals with members and staff of the Tribunal, who are to be treated as public servants; Section 38 provides protection of action taken in good faith. Section 39 provides that the Act in question has overriding

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Apr 11 1930

Nina Dalal Vs. Merwanji Pheeozshaw Dalal

Court : Mumbai

Decided on : Apr-11-1930

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, … in Nusserwanji Wadia v. Eleonora Wadia (1913) 15 Bom. L.R. 693, I.L.R. 38 Bom. 125. The petitioner now appeals, and as this is a Full

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Apr 04 1923

Alfred Wilkinson Vs. Grace Emily Wilkinson

Court : Mumbai

Decided on : Apr-04-1923

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 … Court, while Clause 37 conferred jurisdiction over infants and lunatics and Clause 38 gave a wide criminal jurisdiction. Then Clause 42 provides:That the said Supreme

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Jan 03 1941

Noor Jehan Begum Vs. Eugene Tiscenko

Court : Kolkata

Decided on : Jan-03-1941

Subject : Family

Reported in : AIR1941Cal582

in which this Court would have jurisdiction to dissolve the marriage either under the provisions of the Indian Divorce Act of 1869, as amended by Act 25 of 1926, or under those of the Indian and Colonial Divorce … Such cases were those in Mt. Ayesha Bibee v. Bireshwar Ghosh ('29) 38 CWN clxxix and Chelimutnessa Bibi v. Surendra Nath Sen. Learned Counsel for … his argument that this is not a case which comes within the matrimonial jurisdiction of this Court under Section 35 of the Letters Patent or in which this Court would have jurisdiction to dissolve the marriage either

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May 03 1963

Kanku D/O Dhulabhai Dahyabhai Vs. Khristi Shanabhai Fulabhai

Court : Gujarat

Decided on : May-03-1963

Subject : Family

Reported in : (1968)9GLR511

Shanabhai null and void, subject to the declaration being confirmed by this Court under Section 20 of the Divorce Act, 1869 (hereafter called 'the Act'). The learned District Judge by his letter, dated 1st March 1962, has sent the

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Aug 10 1965

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

Court : Kerala

Decided on : Aug-10-1965

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 … authority of 1924 AC 687 the result, I am afraid, can only he a travesty of justice. ' 38. My Lord, the Chief Justice has observed above that the English Court 'allows only the 'fringe' of a

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