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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 … our High Court of part of its old jurisdiction and be contrary to the principles of international law. Section 4 of the Indian Divorce Act provides that the then existing jurisdiction of the High Court of divorce a

Jordan Diengdoh Vs. Swaranjeet Singh Chopra

Court : Delhi

Subject : Family

Acts : Divorce Act, 1869 - Sections 19(1); Christian Marriage Act, 1872 - Sections 4

Reported in : ILR1984Delhi14; 1984RLR595

husband and wife.(3) The prevent petition has been filed under Ss. 18, 19 and 22 of the Indian Divorce Act, 1869. Under S. 18, any husband or wife may present a petition praying that his or her marriage may … guilty of cruelty when both the parties did not reside together?; (iii) Indian Christian Marriage Act, 1872 - Section 4 read with section 4 of the Special Marriage Act, 1954--Conflict between the two sections discussed.; Dismissing the appeal

G. Packia Raj Vs. P. Subbammal Alias Susila Bai

Court : Chennai

Subject : Family

Acts : Divorce Act, 1869 - Sections 2, 10, 17, 22 and 23; Tamil Nadu Hindu Marriage Act, 1955 - Sections 7A; Indian Christian Marriage Act, 1872 - Sections 4; Tamil Nadu Hindu Marriage Act, 1967; Special Marriage Act, 1954

Reported in : AIR1991Mad319; (1991)IMLJ271

assisting us.13. Order accordingly. Family - dissolution of marriage - Sections 2, 10, 17, 22 and 23 of Divorce Act, 1869, Section 7 A of Tamil Nadu Hindu Marriage Act, 1955, Section 4 of Indian Christian Marriage Act, 1872, Tamil

Ramesh Ramanlal Saraiya Vs. Kusum Madgaokar

Court : Mumbai

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 … which may prevail from time to time subsequently. The section does not deal with procedural matters because Section 45 of the Act which appears in the Part headed 'Procedure' expressly deals with procedure and provides that all

Vincent Joseph Konath and Etc. Vs. Jacintha Angela Vincent Konath and ...

Court : Mumbai

Subject : Family

Acts : Foreign Marriage Act, 1969 - Sections 18(1) and (4); Divorce Act, 1869 - Sections 2; Family Courts Act, 1984 - Sections 7 and 8; Bombay High Court Rules - Rule 131; Special Marriage Act, 1954

Reported in : AIR1994Bom120; 1994(1)MhLj477

to interpret Ss. 18(1) and 18(4) of the Foreign Marriage Act 1969 and S. 2 of the Indian Divorce Act, 1869 and consider as to whether this Honourable Court has jurisdiction to entertain this suit. The Prothonotary and Senior … said averments are presumed to be correct for the time being and for the purpose of this reference.6. Section 18(1) of the Foreign Marriage Act 1969 provides that the provisions of Chapter IV, V, VI and VII

A.V. Arockiam and Etc. Vs. Arul Mary Alias Latchumi Devi and anr.

Court : Chennai

Subject : Family

Acts : 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

Reported in : 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, … resided together.Under Section 3(4) 'Court' means the High Court or the District Court, as the case may be. Section 4 deals with the manner of exercise of jurisdiction by the High Court in matrimonial cases and it runs

Mariasoosai Vs. Clara Mary

Court : Chennai

Subject : FamilyCivil

Acts : Christian Marriage Act, 1872 - Sections 4, 5, 45 to 49 and 66 to 76; Divorce Act, 1869 - Sections 7, 10, 18, 19 and 20

Reported in : AIR1995Mad35; II(1995)DMC562

the same materials'9. A Full Bench of this Court considered the provisions of S. 7 of the Indian Divorce Act, 1869 in Sumathi Ammal v. D. Paul : AIR1936Mad324 : 'It seems to me clear that the intention of … Jones : AIR1934All273 . 5. We have gone through the provisions of the Indian Christian Marriage Act, 1872. Section 4 of the said Act reads that every marriage between persons, one or both of whom is or are

Joseph John Carvalho Vs. Leila Joseph Carvalho

Court : Mumbai

Subject : Family

Acts : Indian Divorce Act, 1869 - Sections 4, 8, 9, 10, 17, 18, 19 and 20

Reported in : (1992)94BOMLR958; II(1992)DMC524

declared null and void and annulled. A decree ofnullitybe drawn up.17. The reference is disposed of accordingly. [A] Divorce Act, 1869 - Sections 3(1), 3(3), 18 and 19 - Jurisdiction of District Court - Concurrent jurisdiction of High Court … V.P. Tipnis, J.1. This is a reference Under Section 20 of the IndianDivorce Act, 1869 for confirmation of the decree of nullity passed by thelearned District Judge, … held that the reference to the Hight Court under the provisions ofSections 4 and 18 of the Act so far as Maharashtra is concerned, undoubtedlymean

A. Vs. B.

Court : Mumbai

Subject : Family

Acts : Divorce Act, 1869 - Sections 3(3), 4, 6, 7, 8, 9, 10, 17, 18, 19 and 20

Reported in : I(1994)DMC238

ORDERTipnis, J.1. This is a reference under Section 20 of the Indian Divorce Act, 1869 for confirmation of the decree of nullity passed by the learned District Judge, Thane.2. The petitioner-husband filed M. … Act. The Division Bench thereafter making a detailed reference to the various provisions of the Act mainly Ss. 4, 6, 7 and 8 and also to clause 35 of the Letters Patent of 1865, held in para

Nusserwanji Pestonji Wadia Vs. Eleonora Wadia

Court : Mumbai

Subject : Family

Reported in : AIR1914Bom211(2); (1913)15BOMLR593; 20Ind.Cas.492

power of the Divorce Court in England.'18. The Indian Divorce Act of 1869 was apparently enacted as a consequence of this request. That Act by … was of opinion that this Court had jurisdiction to try the suit, under Section 2 of the Indian Divorce Act, .if it found that the petitioner professed the Christian religion and resided in Bombay at the time of … religion.12. Clause 4 prevents the Court from making decrees of nullity except in the case of Indian marriages.13. Section 4 confers upon the High Courts and District Courts subject to the provision of the Act ' the jurisdiction