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Mrs. Hazel Arnone Vs. George Thomas Robert Arnone and anr.
Kerala
Aug-10-1965
Family
Divorce Act, 1869 - Sections 7, 17A, 47 and 51
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
Tag this Judgment! AI Brief & AskPeter Philip Saldanha and ors. Vs. Anne Grace Saldanha
Mumbai
Sep-19-1929
Direct Taxation
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
Tag this Judgment! AI Brief & AskMathew Varghese Vs. Rosamma Varghese
Kerala
Jul-09-2003
Family
Christian Law
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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Charles James Wickins Vs. Eden Ris Rita Wickins and Another
Kolkata
Jun-14-1991
Family
Divorce Act, 1869 - Sections 10, 14, 17 and 47;; Constitution of India - Article 226
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
Tag this Judgment! AI Brief & AskAlfred Wilkinson Vs. Grace Emily Wilkinson
Mumbai
Apr-04-1923
Family
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
Tag this Judgment! AI Brief & AskRamish Francis Toppo Vs. Violet Francis Toppo
Kolkata
Aug-22-1988
Family
Divorce Act, 1869 - Sections 3(9), 10, 11, 14, 17, 22, 45, 47 and 51; ;Constitution of India - Article 141; ;Evidence Act - Section 3
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
Tag this Judgment! AI Brief & AskPremchand Hira Vs. Bai Galal
Mumbai
Jun-25-1927
Family
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.
Tag this Judgment! AI Brief & AskRamesh Ramanlal Saraiya Vs. Kusum Madgaokar
Mumbai
Apr-06-1948
Family
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
Tag this Judgment! AI Brief & AskMaria Soosai Vs. Clara Mary
Chennai
Aug-22-1994
Family
(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
Tag this Judgment! AI Brief & AskGeorge Sebastian Alias Joy Vs. Molly Joseph Alias Nish
Kerala
Jul-20-1994
Family
Divorce Act, 1869 - Sections 18 and 19; Canon Law; Statutory Law
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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