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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 … conferring powers to grant probate and letters of administration, Clauses 48 and 49 gave full jurisdiction in Admiralty matters. I should explain that the clauses

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

Kuruvilla Varghese Vs. Sapnam Elizabeth Joseph

Court : Kerala

Subject : Family

Acts : Divorce Act, 1869 - Sections 10, 10(1), 14 and 16; Indian Divorce (Amendment) Act, 2001; Hindu Marriage Act - Sections 23(1)

Reported in : AIR2007Ker240

The Indian Divorce (Amendment) Act, 2001, Act 51 of 2001 by the substitution of Section 10 of the Divorce Act, 1869) is liable to be dismissed on the ground that the petition was filed twelve years after the marrjage … Pankaj Pandit : AIR2006SC1662 , the Supreme Court considered the question 'marriage without sex' at paragraphs 41 to 49. It was held at paragraph 45, thus:Spouses owe rights and duties each to the other and in their

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 … Procedure, and sworn on 19-1-87, he has affirmed his age to be 49 years, while it ought to have been more than 51 years, if, … 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

Bini T. John Vs. Saji Kuruvila

Court : Kerala

Subject : Family

Acts : Divorce Act, 1869 - Sections 16

Reported in : AIR1997Ker247

cruelty by her husband. Therefore this petition has been filed under Sections 18 and 10 of the Indian Divorce Act, 1869 to declare the marriage null and void or in the alternative seeking a decree for dissolution of their … states that she had been subjected to cruelty by her husband. Therefore this petition has been filed under Sections 18 and 10 of the Indian Divorce Act, 1869 to declare the marriage null and void or in … Peter (SB), AIR 1982 Kant 46, it was held that (at p. 49 of AIR):'.....That being so, we are satisfied that the respondent indulged in

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 … exposing Hindus marrying in contravention of the Act to prosecution under Section 494 I.P.C. The Court relied upon Narasu Appa's case (supra) and Saraswathi Animal's

Thrity Hoshie Dolikuka Vs. Hoshiam Shavaksha Dolikuka

Court : Supreme Court of India

Subject : Family

Acts : Hindu Marriage Act, 1955 - Sections 26; Special Marriage Act, 1954 - Sections 38; Guardians and Wards Act, 1890 - Sections 7 and 17; Parsi Marriage and Divorce Act, 1936 - Sections 49; Indian Divorce Act, 1869 - Sections 41

Reported in : AIR1982SC1276; 1982(1)SCALE608; (1982)2SCC544; [1983]1SCR49

of the minor. Mr. Desai in this connection has referred to Section 49 of the Parsi Marriage and Divorce Act, 1937, Section 41 and 42 of the Indian Divorce Act, 1969, Section 26 of the Hindu Marriage Act,

Manekbai Nadirshaw Vachha Vs. Nadirshaw Jamshedji Vachha

Court : Mumbai

Subject : Family

Reported in : (1936)38BOMLR836; 165Ind.Cas.977

the section corresponding to Section 34 of the Parsi Marriage and Divorce Act (viz., Section 37 of the Divorce Act, 1869). Lord Russell in dealing with orders for alimony after judicial separation pointed out that such orders differed from … Vic. c. 85), Sections 32 and 24, now the Judicature (Consolidation) Act (15 & 16 Geo V, c. 49), Section 190, sub-ss. (J) and (5) correspond with Sections 34 and 35 of the Parsi Marriage and Divorce

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 … to life with dignity'. Though amendments have been carried out in the Indian Penal Code by introducing Section 498-A, which makes cruelty to wives an offence, ironically the same is not made a ground for divorce as

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 … because, it is beyondthe endurance of sensitive minds to allow injustice to be suffered when it is palpable.' 49. We may also appropriately refer to what Justice V.R. Krishna Iyer, well known activist Judge and a protagonist