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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 … reason of the appearance of the parties without protest. So I need not consider the possible operation of Section 45 of the Indian Divorce Act and the relevant provisions of the Code of Civil Procedure.93. At the trial

Ajitrai Shivprasad Mehta Vs. Bai Vasumati

Court : Gujarat

Subject : Family

Acts : Hindu Marriage Act, 1955 - Sections 5, 10, 10(1), 11, 12, 12(1), 13 and 13(1); Evidence Act, 1872 - Sections 45; Indian Divorce Act, 1869 - Sections 19(3); Indian Penal Code (IPC), 1860 - Sections 84; Indian Contract Act - Sections 12; Lunacy Act, 1890 - Sections 90

Reported in : AIR1969Guj48; (1969)GLR253

Sections 5, 10, 10 (1), 11, 12, 12 (1), 13 and 13 (1) of Hindu Marriage Act, 1955, Section 45 of Indian Evidence Act, 1872 and Section 19 (3) of Indian Divorce Act, 1869 - petitioner-husband appealed on … and legal definitions of insanity in the context of a similar legislation viz., Section 19(3) of the Indian Divorce Act, 1869, which provided for a decree of nullity of marriage on the ground of the other spouse being 'an

K. Jasmine Kirubakani Vs. K. Balasundaram

Court : Chennai

Subject : Family

Acts : Divorce Act, 1869 - Sections 18 and 19; Lunancy Act, 1912 - Sections 3; Evidence Act, 1872 - Sections 45, 62 and 51; Code of Criminal Procedure (CrPC) , 1973 - Sections 125; Hindu Marriage Act, 1955

Reported in : AIR1996Mad105; I(1996)DMC456; (1995)IIMLJ418

14-10-1993.2. The respondent herein filed I.D.O.P. No. 22 of 1992 under Sections 18 and 19(3) of the Indian Divorce Act, 1869 seeking for a declaration that the pretended marriage solemnised between the petitioner and the respondent on 7-2-1990 at … be allowed by the Court below on 14-10-1993.2. The respondent herein filed I.D.O.P. No. 22 of 1992 under Sections 18 and 19(3) of the Indian Divorce Act, 1869 seeking for a declaration that the pretended marriage solemnised … entering. It was also held that while considering the scope of Sections 45 and 51 of the Evidence Act, 1872 that the opinion of an

Coral Indira Gonsalves, Falsely Called Iswariah Vs. Joseph Prabhakar I ...

Court : Chennai

Subject : Family

Acts : Evidence Act, 1872 - Sections 45; Divorce Act, 1869 - Sections 16, 19 and 19(1); Specific Relief Act, 1877 - Sections 42

Reported in : AIR1953Mad858; (1953)IMLJ591

- nullity of marriage - Section 45 of Evidence Act, 1872, Sections 16, 19 and 19 (1) of Divorce Act, 1869 and Section 42 of Specific Relief Act, 1877 - defendant impotent and unable to have sexual intercourse with

John over Vs. Muriel A.i. over

Court : Mumbai

Subject : Family

Reported in : (1925)27BOMLR251

The sole jurisdiction of the District Court to dissolve Christian marriages is to be found in the Indian Divorce Act, 1869, and it is incumbent on the Court strictly to follow the statutory directions therein given. The District Court … in her letters-Extreme caution before granting divorce-Indian Evidence Act (I of 1872), Section 58-Indian Divorce Act (IV of 1869), Section 10.;The Court will not grant a decree on the petition by a husband on the ground of the … and does not find any connivance or collusion that the Court is to pass a decree. No doubt Section 45 provides that ' Subject to the provisions herein contained, all proceedings under this Act between party and party

Vera Aranha Vs. Jacob Harlad Aranha

Court : Mumbai

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 … that in any suit under the Act, the wife may present a petition for alimony pending the suit. Section 45, which appears in Part XII under the caption 'Procedure' reads thus:'Subject to the provisions herein contained, all proceedings

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, … are many subsequent provisions in the Divorce Act, e. g., in Sections 45 and 46, etc., as to procedure which would amply satisfy the words

Suo Motu Reference in the Matter of Divorce Act

Court : Kerala

Subject : FamilyCivil

Acts : Divorce Act, 1869 - Sections 45 and 55; Divorce (Amendment) Act, 2001 - Sections 10, 16, 17, 18 and 20; Family Court's Act; Code of Civil Procedure (CPC)

Reported in : II(2002)DMC753

pending for confirmation by the High Court in which decrees were passed prior to 3.10.2001 ?'2. The Indian Divorce Act, 1869 was enacted to amend the law relating to persons professing the Christian religion and confer upon certain courts … the Family Court, 1984; or if the decree has been made by the District Court, by reason of Section 45 of the Divorce Act, 2001 read with Section 55 thereof, it shall be subject to an appeal as

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 … provisions relating to any proceeding under the Act are found in Ss. 45 to 49 and 66 to 76. While Ss. 45 to 49 relate … 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

Bank of Baroda Vs. Deepak Raghuvir Wagle and anr.

Court : Mumbai

Subject : Civil

Acts : Code of Civil Procedure (CPC) - Sections 122 and 254 - Order 5, Rule 9 - Order 6, Rule 5 - Order 7, Rule 9 - Order 9, Rule 9 - Order 11, Rule 7, 19 - Order 17, Rule 7 - Order 21, Rule 50 - Order 26, Rule 1 - Order 30, Rules 1 and 2; Companies Act, 1956 - Sections 81 and 169; Banking Regulations Act, 1949; Indian Divorce Act, 1869; Code of Criminal Procedure (CrPC) , 1973 - Sections 125; Bombay High Court (O.S.) Rules, 1980 - Rules 45, 47, 87, 127, 131, 133, 157, 163, 185, 187, 188, 215, 402, 448, 809, 886 and 986; Original Side Rules

Reported in : 2007(3)ALLMR439; 2007(6)BomCR38; (2007)109BOMLR2245; 2008(2)MhLj381

under Rule 809 for fixing the returnable date of the notice to appear and answer under the Indian Divorce Act, 1869. (26) Applications under Rule 859 for depositing powers of Attorney in the registry. (27) Inquiry under Rule 886 … Side Rules shows that it deals with institution of the suit. Rule 45 of the Rules shows that a plaint is to be lodged before … that in framing Rules the court is guided by the provisions of the Civil Procedure Code. Perusal of Section 122 of the Civil Procedure Code shows that Section 122 also confers power on the High Court to