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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 … otherwise. It is plain from Section 7 that a petition under the Act is regarded as a suit. Section 46 provides that 'the forms set forth in the Schedule to this Act, with such variations as the circumstances

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

Court : Kerala

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 … doubt. (See (l) Ramsav v. Boyle. ILK 30 Cal 489; (2) J. H. Rae v. L. C. Rap. 46 Cal WN 842; and (3) Dorothy Emma Stuart v. Vernon Reginald Stuart. AIR 1936 All 488. It seems

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 … otherwise. It is plain from Section 7 that a petition under the Act is regarded as a suit. Section 46 provides that 'the forms set forth in the Schedule to this Act, with such variations as the circumstances

Haseena Mansoor Vs. State of Kerala

Court : Kerala

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 … 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 to the

NagIn Mansukhlal Dagli Vs. Haribhai Manibhai Patel

Court : Mumbai

Subject : CivilTenancy

Acts : Presidency Small Cause Courts Act, 1882 - Sections 19, 41, 42, 43, 44, 45 and 46; Presidency Small Cause Courts (Maharashtra Amendment) Act, 1975; Bombay City Civil Court Act, 1948 - Sections 3; Bombay High Court Letters Patents Amendment Act, 1948; Code of Civil Procedure (CPC), 1908 - Order 20, Rule 12; Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 - Sections 28; Bombay Government Premises (Eviction) Act, 1955; Bombay Municipal Corporation Act; Bombay Housing Board Act, 1948; Transfer of Property Act, 1882 - Sections 108; Special Marriage Act, 1954 - Sections 37; Hindu Marriage Act, 1955 - Sections 25; Indian Divorce Act, 1869 - Sections 37; Parsi Marriage and Divorce Act, 1936 - Sections 40; Specific Relief Act, 1963 - Sections 34

Reported in : AIR1980Bom123

the Special Marriage Act, 1954; Section 25 of the Hindu Marriage Act, 1955; Section 37 of the Indian Divorce Act, 1869; and Section 40 of the Parsi Marriage and Divorce Act, 1936. Words which describe a person's legal character … the Presidency Small Cause Courts Act, 1882, was substituted by a new Chapter consisting of Sections 41 to 46. We are concerned in this matter with Section 41 as so substituted. The said Section 41 provides as

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

Court : Allahabad

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 … and Armed Forces Tribunal Act, 2007 are being looked into.6. Part XIV-A of the Constitution was inserted through Section 46 of the Constitution (42nd Amendment) Act, 1976 with effect from 01.03.1977. Said amendment proposed two provisions of Articles

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

Chandramohan Kumar Vs. Florence Indravathi and anr.

Court : Karnataka

Subject : FamilyConstitution

Acts : Constitution of India - Article 254; Divorce Act, 1869 - Sections 10 and 11; Karnataka Civil Courts Act, 1964 - Sections 23

Reported in : AIR1982Kant242; ILR1982KAR743

for dissolution of his marriage with Mrs. Florence Indravathi, respondent-1 in the petition, under Section 10 of the Divorce Act, 1869, (hereinafter referred to as 'the Act'). He averred that -his marriage with respondent-1 in the petition was solemnised … 1978);(v) The Special Marriage Act, 19.54, (Central Act 43 of 1954).'17. It may further be mentioned that Item 46 in the Concurrent List viz., List III. contains the special jurisdictionand powers of all Courts except the Supreme

Saroj W/O Maical @ Babasaheb Patole Vs. Maical @ Babasaheb Sadanana Pa ...

Court : Mumbai

Subject : Family

Acts : Divorce Act, 1869 - Sections 10 and 17; Evidence Act, 1872 - Sections 3

Reported in : 2000(2)ALLMR615; 2000(4)BomCR532; 2000(2)MhLj512

ORDERV.K. Barde, J.1. This is reference under section 17 of the Indian Divorce Act, 1869 (For short, hereinafter referred to as 'the Act'). The learned Judge of the Family Court, Aurangabad, has passed … India in its 90th report.' It is further held by the Full Bench of this Court, in para 46 (Full Bench of Kerala High Court A.I.R. 1995 Ker. 525 on Bom.C.R. page 577):'For all the above reasons

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 … of India 1869 page 192, Calcutta Gazette in Supplement of 1862 page 463 ibid 1863 and in Gazette of India 1869 supp. page 291 wherein