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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 … 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 … Meaurier [1895] A.C. 517. In Warrender v. Warrender (1835) Cl. & F. 488 Lord Brougham had said with the assent of Lord Lyndhurst that the

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 … have been numbered as a clause. When the Sections of the Code to which he refers--Sections 33, 35, 48, 57 and 123--are looked at, I think it clearly appears that they establish no such proposition. In every

Harendra Nath Burman Vs. Sm. Suprova Burman and anr.

Court : Kolkata

Subject : Family

Acts : Special Marriage Act, 1955 - Sections 3 and 27(2); ;Special Marriage Act, 1954 - Sections 4, 21, 24, 24(1), 27 and 34; ;Evidence Act, 1872 - Sections 63 and 115; ;Hindu Marriage Act, 1955 - Section 11; ;Constitution of India - Article 141

Reported in : AIR1989Cal120,(1989)1CALLT104(HC),93CWN102

we are taking. It has been ruled there (at p. 1263) with reference to the provisions of the Divorce Act, 1869, that 'when a legislative provision specifies the grounds on which divorce may be granted, they constitute the only … and on the date of deposition on 10-5-83 he was more than 48 years and not 47 years. Then again, in the affidavit filed by … cruelty and desertion on the part of the wife. The petition which was thus a composite one under Section 24 as well as Section 27 of the Special Marriage Act has however been dismissed which has led

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,

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 … have to treat it as his legitimate child and will be liable to maintain that child under Section 488,Criminal Procedure Code read with Section 112 of the Indian Evidence Act', and that 'this very difference in the

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

Supriyo @ Supriya Chakraborty Vs. Union Of India

Court : Supreme Court of India

Subject : Land Acquisition

in law, etc; Section 3 (1) (a) of the Parsi Marriage and Divorce Act, 1936; Section 19, Indian Divorce Act, 1869; Section 88, Indian Christian Marriages Act, 1872. Among Muslims, the concept of consanguinity is known as qurabat, i.e. blood … the SMA on the ground of impermissible classification ................................. 40 3 B. Interpretation of provisions of SMA ................................................................................. 48 VI. Discriminatory impact on queer couples ................................................................... 57 VII. Transgender persons in heterosexual persons can marry under existing

Mary Sonia Zachariah Vs. Union of India (Uoi) and ors.

Court : Kerala

Subject : Family

Acts : Indian Divorce Act, 1869 - Sections 10 and 22; Constitution of India - Articles 13, 14, 15, 19 and 21; Hindu Marriage Act, 1955; The Dissolution of Muslim Marriage Act, 1939; The Parsi Marriage and Divorce Act, 1936; The Special Marriage Act, 1954; The Foreign Marriage Act, 1969

Reported in : II(1995)DMC27

T.V. 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 … have to treat it as his legitimate child and will be liable to maintain that child under Section 488, Criminal Procedure Code read with Section 112 of the Indian Evidence Act', and that 'this very difference in

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 … have to treat it as his legitimate child and will be liable to maintain that child under S. 488 Criminal Procedure Code read with S. 112 of the Indian Evidence Act,'' and that 'this very 'difference in

Thapita Pater Vs. Thapita Lakshmi and anr.

Court : Chennai

Subject : Family

Reported in : (1894)ILR17Mad235

doubt that the marriage of the respondent could not be recognized, at least for the purposes of the Divorce Act, whether or not the first wife were still alive when the suit was brought.25. Nor, it is conceived, … a decree dissolving the marriage under the provisions of Act IV of 1869, and the decree now comes before the High Court for confirmation under … legal) or affinity. Those words, which, excepting the bracketed words, are to be found in the Marriage Act, Section 48, are words habitually used in connection with Christian marriages, although it may be correct to hold that they