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Youth Welfare Federation Rep. by Its Chairman, K.J. Prasad Vs. Union o ...

Court : Andhra Pradesh

Subject : Constitution

Acts : Indian Divorce Act, 1869 - Sections 2, 10, 22 and 26; Constitution of India - Articles 13, 13(1), 13(2), 13(3), 14, 15 , 19(2) to 19(6), 21, 44, 141, 366, 366(10), 372, 372(1), 372(2), 372(3) and 395; Personal Law; Government of India Act, 1935 - Sections 292 and 293; Administrative Law; Constitutional Law; Indian Divorce (Amendment) Act, 1927; Indian Divorce (Amendment) Act, 1948; Indian Divorce (Amendment) Act, 1950; Indian Divorce (Amendment) Act, 1912; Indian Divorce (Amendment) Act, 1926; Indian Divorce (Amendment) Act, 1951; Indian Independence Act, 1947 - Schedule - Article 395; International Law; National Law

Reported in : 1996(4)ALT1138

this Bench in the context of consideration of the vires of Sections 10 and 22 of the Indian Divorce Act, 1869 (hereinafter referred to as 'the Act.').2. W.P. No. 9717 of 1983 was filed as public interest litigation raising … perplexing in nature have teen referred to this Bench in the context of consideration of the vires of Sections 10 and 22 of the Indian Divorce Act, 1869 (hereinafter referred to as 'the Act.').2. W.P. No. 9717 … institutions of public character to all classes or Sections of Hindus. Article 44 of the Constitution providing for States endeavour to bring in uniform civil

Edward Caston Vs. L.H. Caston and W.T. Cogdell

Court : Allahabad

Subject : Family

Reported in : (1900)ILR22All270

Arthur Strachey, C.J.1. This is a, reference to the Court under Section 9 of the Indian Divorce Act (IV of 1869), by the District Judge of Agra, of a question arising in a suit for dissolution … meaning of Section 41, or was 'a Court not competent to deliver' the decree within the meaning of Section 44. Unless that can be shown, the decree is conclusive, as no fraud or collusion is suggested. The question

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 … provisions ofArticle 15 of the Constitution forbidding alldiscrimination on the ground of Religion or Sexand. also to Article 44 staring at our face fourdecades with its solemn directive to frame aUniform Civil Code. 10. .. ... I

Lakshmi Sanyal Vs. Sachit Kumar Dhar

Court : Supreme Court of India

Subject : Family

Acts : Indian Christian Marriage Act, 1872 - Sections 5, 5(1) and 19; Indian Divorce Act, 1869 - Sections 16, 19 and 44

Reported in : AIR1972SC2667; (1972)2SCC647; [1973]2SCR122

Under Section 19 of the Indian Christian Marriage Act, 1872, nor was there any provision in the Indian Divorce Act 1869 which rendered a marriage null and void on the ground of minority of a party. On the question … marriage. Part V contains provisions relating to marriages solemnized by or in the presence of a Marriage Registrar. Section 44 therein applies the provisions of Section 19 to every marriage under that Part, either of the parties to

Mathew Varghese Vs. Rosamma Varghese

Court : Kerala

Subject : Family

Acts : Christian Law

Reported in : AIR2003Ker312; 2003(4)CTC193; (2004)186CTR(Ker)172; I(2004)DMC148; 2003(3)KLT6

under Section 9 and Order 32-A of theCode of Civil Procedure. Sections 41 to 44 of the Indian Divorce Act, 1869 recognize andregulate the right to maintenance. He further submitted that Section 23(2) of the HinduAdoptions and Maintenance Act,

Peter Philip Saldanha Vs. Anne Grace Saldanha

Court : Mumbai

Subject : Family

Reported in : (1930)32BOMLR17

jurisdiction in this suit to pass a decree for restitution of conjugal rights. Section 32 of the Indian Divorce Act of 1869 requires an application for restitution of conjugal rights to be made by petition, and except upon … 1870, second schedule, Article 20, requires that every petition under the Indian Divorce Act, except a petition under Section 44, shall bear a court-fee stamp of Rs. 20. In the present case, the prayer for relief is contained,

Peter Philip Saldanha and ors. Vs. Anne Grace Saldanha

Court : Mumbai

Subject : Direct Taxation

Reported in : 124Ind.Cas.776

jurisdiction in this suit to pass a decree for restitution of conjugal rights. Section 32 of the Indian Divorce Act of ,1869 requires an application for restitution of conjugal rights to be made by petition, and except upon … 1870, Second Schedule, Article 20, requires that every petition under the Indian Divorce Act, except a petition under Section 44, shall bear a Court-fee stamp of Rs. 20. In the present case, the prayer for relief is contained,

M. Clarance Vs. M. Raicheal and anr.

Court : Karnataka

Subject : Family

Acts : Indian Divorce Act, 1869 - Sections 3, 3(1), 3(3), 10, 12, 13, 14, 16 and 17; Special Marriage Act, 1954; Hindu Marriage Act, 1955; Constitution of India - Article 44; Matrimonial Causes Act

Reported in : AIR1964Kant67; AIR1964Mys67; ILR1963KAR788; (1963)2MysLJ122

consent of both the parties.8. Now the parties are Christians and the petition is governed by the Indian Divorce Act, 1869. Under the provisions of that Act the only ground on which a husband may present a petition for … which is within the territorial jurisdiction of the District Court, Bangalore, to which the petition was present.3. Under Section 10 of the Indian Divorce Act a petition for dissolution of marriage has to be presented to the … continue to be the state of affairs until as visualised in Article 44 of the Constitution, a uniform Civil Code is achieved.In the present state

Anil Kumar Mahsi Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Subject : Family

Acts : Constitution of India - Articles 14, 19, 21 and 44; Divorce Act, 1869 - Sections 10; Indian Penal Code (IPC) - Sections 375 and 377; Special Marriage Act, 1954

Reported in : 1994(3)ALT17(SC); I(1995)DMC254SC; JT1994(4)SC409; 1994(2)KLT399(SC); 1994(3)SCALE447; (1994)5SCC704; [1994]Supp2SCR1; 1994(2)LC412(SC)

The hearing of this petition is confined only to examining the vires of Section 10 of the Indian Divorce Act, 1869 [hereinafter referred to as the 'Act']. The petitioner was married to respondent No. 2, Monika on 8th October, … of Section 10 of the Act as being arbitrary, discriminatory and violative of Articles 14, 19, 21 and 44. However, the challenge on the ground of violation of Articles 19, 21 and 44 has not been pressed.

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 … 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 to the fact that the constitution makers envisaged