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Reeta Bharat Arora Vs. Bharat Yasodanandan Arora @ Dhingra and ors.

Court : Mumbai

Subject : Family

Acts : Hindu Marriage Act, 1955 - Sections 5, 11, 13, 15, 21 and 28; Hindu Marriage Laws (Amendment) Act, 1976 - Sections 9; Constitution of India - Articles 123, 126, 133(1) and 227; Indian Divorce Act, 1869 - Sections 57; Limitation Act, 1963 - Sections 5 and 12(2); Code of Civil Procedure (CPC), 1908 - Order 9, Rule 13; Hindu Adoptions and Maintenance Act, 1956 - Sections 18 and 20; Contempt of Courts Act - Sections 12; Mohammedan Law

Reported in : 2001(3)ALLMR649

meaning of Cl. (i), sub-section (1) of section 5.....'.The Supreme Court also examined section 57 of the Indian Divorce Act, 1869 which provides for divorce professing Christian religion, which has identical provision and which has been consistently interpreted to

Prabhakar Bhaskar Vs. Usha Prabhakar

Court : Mumbai

Subject : Family

Acts : Code of Civil Procedure (CPC), 1908 - Sections 96; Bombay Hindu Divorce Act, 1947 - Sections 5, 5A, 8 and 13; Bombay Matrimonial (Transfer of Cases) Act, 1950; Bombay Civil Courts Act, 1869 - Sections 2, 8, 16, 17 and 26; Bombay Civil Courts (Amendment) Act, 1949 - Sections 6

Reported in : AIR1953Bom189; (1953)55BOMLR59; ILR1953Bom323

Court under the provisions of Section 8, Bombay Civil Courts Act of 1869.[4] Under Section 5, Bombay Hindu Divorce Act of 1917, every suit under the Act has to be instituted in the Court within the limits of

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 … that Act only affects succession to immoveable property in British India in the case of such persons (vide Section 5) but its validity within British India has never been questioned. There is thus in the present case no

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 … law for the verification of plaints, and may at the hearing be referred to as evidence; and Section 51:'The witnesses in ail proceedings before the Court, where their attendance can be had, shall be examined orally, and

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 … 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

Chander Dev Chad Vs. Rani Bala

Court : Delhi

Subject : FamilyLimitation

Acts : Hindu Marriage Act, 1955 - Sections 28(1); Limitation Act, 1963 - Sections 5

Reported in : AIR1979Delhi22; ILR1978Delhi331

Act shall apply to any suit or other proceeding under any such law. (4) (7) Under the Indian Divorce Act. 1869, the remedy to obtain relief in matrimonial causes is by way of suit. Under the Hindu Marriage Act, … held not entitled to invoke the provisions of s. 12(2) and s. 5 of Limitation Act. Her appeal, which was otherwise within time if days … at once. One is sec. 28(4) of the Hindu Marriage Act which says : 'Every appeal under this section shall be preferred within a period of thirty days from the date of decree or order.' The other

Smt. Reeta Bharat Arora Vs. Bharat Yasodanandan Arora @ Dhingra and or ...

Court : Mumbai

Subject : Family

Acts : Code of Civil Procedure (CPC), 1908 - Order 9, Rule 13; Hindu Marriage Act, 1955 - Sections 5, 11, 12, 13, 15, 21 and 28; Hindu Adoptions and Maintenance Act, 1956 - Sections 18 and 20; Contempt of Courts Act, 1971 - Sections 2, 10 and 12; Marriage Laws (Amendment) Act, 1976 - Sections 9; Constitution of India - Articles 126, 133(1) and 227; Indian Divorce Act, 1869 - Sections 57; Limitation Act, 1963 - Sections 5 and 12(2) - Schedule - Article 123

Reported in : 2001(4)BomCR1; (2001)3BOMLR636; I(2002)DMC136; 2002(1)MhLj7

meaning of Clause (i), sub-section (1) of Section 5....'The Supreme Court also examined Section 57 of the Indian Divorce Act. 1869 which provides for divorce professing Christian religion, which has identical provision and which has been consistently interpreted to

Monika Sanctis Vs. Henry Joseph and anr.

Court : Karnataka

Subject : Family

Acts : Divorce Act, 1869 - Sections 10, 14, 16 and 17; Family Courts Act, 1984 - Sections 19

Reported in : ILR2004KAR2081; 2003(2)KarLJ588

between the parties had been dissolved. However, we had referred to the provisions of Section 16 of the Divorce Act, 1869 in the last para of the judgment and had indicated that the decree of nisi for divorce can … Court earlier under Section 10 of the earlier Act is now confined to the District Court only by Section 5 of the Amendment Act.6. A new section has been introduced which provides for dissolution of marriage by mutual

A.V. Arockiam and Etc. Vs. Arul Mary Alias Latchumi Devi and anr.

Court : Chennai

Subject : Family

Acts : Divorce Act, 1869 - Sections 3, 3(1), 3(3), 3(4), 8, 10, 18, 23, 27 and 34; Code of Civil Procedure (CPC) , 1908 - Sections 15 and 24

Reported in : AIR2002Mad435; (2002)2MLJ506

to pronounce a decree' for dissolution of marriage.3. Apart from the preamble, the sections relevant in the Indian Divorce Act, 1869 (now the Divorce Act) are Sections 3(1), 3(3), 3(4), 4. 6, 8, 10, 11, 16, 18, 20, 22, … clearly that it possesses jurisdiction to pronounce a decree' for dissolution of marriage.3. Apart from the preamble, the sections relevant in the Indian Divorce Act, 1869 (now the Divorce Act) are Sections 3(1), 3(3), 3(4), 4. 6, … Court or to the High Court. The section as amended by Act 51 of 2001 provides that the petition may be presented to the District

Ajitrai Shivprasad Mehta Vs. Bai Vasumati

Court : Gujarat

Subject : Family

Acts : Hindu Marriage Act, 1955 - Sections 5, 10, 10(1), 11, 12, 12(1), 13 and 13(1); Evidence Act, 1872 - Sections 45; Indian Divorce Act, 1869 - Sections 19(3); Indian Penal Code (IPC), 1860 - Sections 84; Indian Contract Act - Sections 12; Lunacy Act, 1890 - Sections 90

Reported in : AIR1969Guj48; (1969)GLR253

and legal definitions of insanity in the context of a similar legislation viz., Section 19(3) of the Indian Divorce Act, 1869, which provided for a decree of nullity of marriage on the ground of the other spouse being 'an … of Mr. Vakil, it would be proper to consider the scheme of the relevant sections of the Act. Section 5 provides for conditions for a Hindu marriage and Section 5(ii) provides that a marriage may be solemnized between