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John over Vs. Muriel A.i. over

Court : Mumbai

Subject : Family

Reported in : (1925)27BOMLR251

The sole jurisdiction of the District Court to dissolve Christian marriages is to be found in the Indian Divorce Act, 1869, and it is incumbent on the Court strictly to follow the statutory directions therein given. The District Court … in her letters-Extreme caution before granting divorce-Indian Evidence Act (I of 1872), Section 58-Indian Divorce Act (IV of 1869), Section 10.;The Court will not grant a decree on the petition by a husband on the ground of the

John over Vs. Muriel Alleen Isidore over

Court : Mumbai

Subject : Family

Reported in : AIR1925Bom231; (1925)ILR49Bom368

quite free from you....'18. Under those circumstances this present petition was filed under Section 10 of the Indian Divorce Act, 1869, for a dissolution of the marriage of 1920 by reason of the wife's adultery with an unknown man. … 14 to which I have already alluded.26. Some reference was made, during the course of the case, to Section 58 of the Indian Evidence Act, and it was suggested that this section would render the letters of the

Wenmanard Marak Vs. Smt. Poiby Momin

Court : Guwahati

Subject : FamilyCivil

Acts : Divorce Act, 1869 - Sections 11; Evidence Act, 1872 - Sections 58

decree nisi passed by the Additional Deputy Commissioner, West Garo Hills, Tura under Section 10 of the Indian Divorce Act, 1869 has come up for confirmation under Section 17 of that Act in this reference. 2. The petitioner sued … other words, it means consensual sexual intercourse with one of the opposite sex, while the marriage subsists. Under Section 58 of the Indian Evidence Act --Facts admitted need not be proved. No fact need be proved in any

Rajendra Kumar Jajodia Vs. Puja Jajodia (Nee Roy)

Court : Kolkata

Subject : Family

Acts : Hindu Marriage Act, 1955 - Section 12; ;Divorce Act, 1869 - Section 14; ;Evidence Act - Section 58; ;Code of Civil Procedure (CPC) - Order 8, Rule 5 - Order 12, Rule 6; ;Constitution of India - Article 141

Reported in : AIR2008Cal199

It is true that in divorce cases under the Divorce Act of 1869, the Court usually does not decide merely on the basis of the … In White v. White this Court construed the expression 'satisfied on the evidence' in Section 14 of the Divorce Act and said at p. 1420:The important words requiring consideration are 'satisfied on the evidence'. These words imply that … by parties and requiring no further proof in support of the facts admitted.8. The Supreme Court thereafter noticed Section 58 of the Evidence Act which permits an admission to be culled out by any rule of pleading in

Agnes Sumathi Ammal Vs. D. Paul

Court : Chennai

Subject : Family

Reported in : (1936)70MLJ321

having in nullity suits made the decree absolute in the first place. 2. Section 16 of the Indian Divorce Act provides that a decree for a dissolution of marriage made by a High Court inter alia shall in … amount of permanent maintenance. 13. If this were so, then the section gives the Courts in India in 1869 a power which the Court in England only obtained in 1907. That question was left expressly open by … relief. 5. Then follows a proviso. In Iswarayya v. Swarnam Iswarayya (1929) 58 M.L.J. 29 Reilly, J. made some remarks upon the meaning of the

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

Grace Isabel Stuedman Vs. Anneley Eliardo Beresford De Courey Wheeler

Court : Kolkata

Subject : Family

Reported in : AIR1945Cal75

can only pass one plain and simple decree which is at once final and absolute, as the Indian Divorce Act 1869 does not contemplate or permit two decrees namely a decree nisi and a decree absolute, in such a. … by the Court in India. Viewed in this light, the decision in 58 I. A. 330 does not militate against but rather supports the point … jurisdiction were conferred on that Court.4. Then came the Regulating Act of 1773 (13 Geo. III C. 68). Section 13 of this Act authorised His Majesty by Charter or Letters Patent to establish a Supreme Court of

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 … no appeal to Her Majesty in Council from the decree of confirmation, as there might have been under Section 58. Since the High Court had jurisdiction in the suit, it follows that it had jurisdiction to consider and

Raja Gopalan Vs. Rajamma

Court : Kerala

Subject : FamilyCivil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 115; Hindu Marriage Act, 1955 - Sections 25(1) and 25(3)

Reported in : AIR1967Ker181

learned Judge proceeds on the basis, that Section 25 follows more or less Section 37 of the Indian Divorce Act 1869 Act 4 of 1869; and the learned Judge notes only a difference that the Hindu Marriage Act imposes

Mahendra Manilal Nanavati Vs. Sushila Mahendra Nanavati

Court : Supreme Court of India

Subject : Family

Acts : Hindu Marriage Act, 1955 - Sections 12 and 23; Evidence Act - Sections 112 and 114; Code of Civil Procedure (CPC) - Sections 107 - Order 41, Rules 20, 23 and 25; Constitution of India - Article 133(1)

Reported in : AIR1965SC364; (1964)66BOMLR681; 1965MhLJ365(SC); [1964]7SCR267

A.C. 391 should be followed by the Courts while dealing with case under s. 7 of the Indian Divorce Act, 1869, Section 23(1) of the Hindu marriage Act, 1955 which deals with the powers of the Court in a proceeding … accepting the admissions made by parties and requiring no further proof in support of the facts admitted. 25. Section 58 of the Evidence Act inter alia provides that no fact need be proved in any proceeding which the