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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 … The only evidence in support of the petition is Ext. A-t, an affidavit of the petitioner dated 21-3-1964.4. Section 47 of the Act provides that the statements contained in every petition under the Act shall be verified by

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Sep 19 1929

Peter Philip Saldanha and ors. Vs. Anne Grace Saldanha

Court : Mumbai

Decided on : Sep-19-1929

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 … in such Schedule.' There is no form of petition in the Schedule for restitution of conjugal rights. By Section 47 statements in every petition under the Act must be verified in the manner required by law for the

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Jul 09 2003

Mathew Varghese Vs. Rosamma Varghese

Court : Kerala

Decided on : Jul-09-2003

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, … plaintiffs.9. On the basis of these findings, the trial court decreed the suit for an amount of Rs. 47,239/- along with interest at 12% per annum from the date of institution till the date of realization.10. Aggrieved

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Jun 14 1991

Charles James Wickins Vs. Eden Ris Rita Wickins and Another

Court : Kolkata

Decided on : Jun-14-1991

Subject : Family

Acts : Divorce Act, 1869 - Sections 10, 14, 17 and 47;; Constitution of India - Article 226

Reported in : AIR1992Cal306

friend' of the parties, read with the statements made in the petitioner, which also, under the provisions of Section 47 of the Divorce Act, 1869, 'may at the hearing be referred to as evidence', can, as they did, … in favour of the Petitioner-husband has, as it must, come up before us under Section 17 of the Divorce Act, 1869, for confirmation or such other order as the matter would warrant.2. The matter was heard ex parte in

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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 … 152; and In re Norton's Settlement, Norton v. Norton [1908] 1 Ch. 471. The decision of the President of the Probate, Divorce and Admiralty Division

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Aug 22 1988

Ramish Francis Toppo Vs. Violet Francis Toppo

Court : Kolkata

Decided on : Aug-22-1988

Subject : Family

Acts : Divorce Act, 1869 - Sections 3(9), 10, 11, 14, 17, 22, 45, 47 and 51; ;Constitution of India - Article 141; ;Evidence Act - Section 3

Reported in : AIR1989Cal128,(1989)1CALLT87(HC),1988(2)CHN241,93CWN165,1(1989)DMC322

dissolution of marriage passed by the learned District Judge in the Divorce Suit under Section 10 of the Divorce Act, 1869, which has come up before us for confirmation under Section 17 of the Act. I am, however, of … categorical statements in the petition, as amended, about the commission of adultery by the wife and since under Section 47 of the Divorce Act, 'statements contained in every petition under this Act.... may at the hearing be referred

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Jun 25 1927

Premchand Hira Vs. Bai Galal

Court : Mumbai

Decided on : Jun-25-1927

Subject : Family

Reported in : AIR1927Bom594; (1927)29BOMLR1336

to prove that one or both of the parties were Christians. Further, under Section 2 of the Indian Divorce Act 1869, it is essential to prove that the petitioner professed the Christian religion at the date of presenting the … perhaps did the learned Judge unwittingly an injustice. That was because 1 had overlooked the final sentence of Section 47. it only shows the difficulty of, in effect, having to do the work of both counsel and Judge.

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Apr 06 1948

Ramesh Ramanlal Saraiya Vs. Kusum Madgaokar

Court : Mumbai

Decided on : Apr-06-1948

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 … conclusion.10. Then we have a full bench decision of this Court reported in Wilkinson v. Wilkinson I.L.R. (1923) 47 Bom. 843 . Till this case was decided this Court took the view on a plain grammatical construction

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Aug 22 1994

Maria Soosai Vs. Clara Mary

Court : Chennai

Decided on : Aug-22-1994

Subject : Family

Reported in : (1995)1MLJ282

same materials. 9. A Full Bench of this Court considered the provisions of Section 7 of the Indian Divorce Act, 1869 in Sumathi Animal v. D. Paul : AIR1936Mad324 and observed thus:It seems to me clear that the intention … as the judgment of the lower Burma Chief Court in Consterdine v. Smaine. A.I.R. 1918 L.B. 83 : 47 Ind. asC. 544 and proceeded to hold that the High Court had jurisdiction to decide very important questions

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Jul 20 1994

George Sebastian Alias Joy Vs. Molly Joseph Alias Nish

Court : Kerala

Decided on : Jul-20-1994

Subject : Family

Acts : Divorce Act, 1869 - Sections 18 and 19; Canon Law; Statutory Law

Reported in : AIR1995Ker16; II(1995)DMC168

in the absence of a decree passed by the civil court in the manner provided in the Indian Divorce Act, 1869 (for short 'the Divorce Act') the former marriage continued in spite of the annulment order passed by the … be borne in mind that the said section is subject to the other provisions in the Divorce Act. Section 47 of the Act requires a petitioner to state that there was no collusion or connivance between the panics

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