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Apr 04 1923

Alfred Wilkinson Vs. Grace Emily Wilkinson

Court : Mumbai

Decided on : Apr-04-1923

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

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May 03 1963

Kanku D/O Dhulabhai Dahyabhai Vs. Khristi Shanabhai Fulabhai

Court : Gujarat

Decided on : May-03-1963

Subject : Family

Reported in : (1968)9GLR511

Shanabhai null and void, subject to the declaration being confirmed by this Court under Section 20 of the Divorce Act, 1869 (hereafter called 'the Act'). The learned District Judge by his letter, dated 1st March 1962, has sent the … there is a decision of the Madras High Court in Sumathi Ammal v. Paul reported in (1935) I.L.R. 59 Madras 518 in which an argument similar to the one which appealed to Tendolkar J. was nagatived. In

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Jan 31 2023

Vandana C.V. vs Abhilash Mark

Court : Kerala

Decided on : Jan-31-2023

J.The appellant filed O.P.(Div.)No.440 of 2020 before the Family Court, Pathanamthitta under Sections 10(ix) and (x) of the Divorce Act, 1869, against the respondent herein-husbandseeking a decree of divorce to dissolve the marriage solemnised between them on 12.07.2012, at … DAY DELIVERED THE FOLLOWING:JUDGMENTAnil K. Narendran, J.The appellant filed O.P.(Div.)No.440 of 2020 before the Family Court, Pathanamthitta under Sections 10(ix) and (x) of the Divorce Act, 1869, against the respondent herein-husbandseeking a decree of divorce to dissolve

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Jan 28 1994

Mrs. Vandana Fand anr. Vs. Mr. Subhash BenjamIn Borde

Court : Mumbai

Decided on : Jan-28-1994

Subject : Family

Acts : Evidence Act, 1872 - Sections 3, 59 and 60; Indian Divorce Act, 1869 - Sections 18

Reported in : 1994(4)BomCR403; I(1995)DMC183

Family Court, Pune, dated 20-3-1991. The parties to the proceedings are governed by the provisions of the Indian Divorce Act, 1869 and the appellate-wife before us had filed a petition under section 18 of the Indian Divorce Act praying

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Nov 17 1960

Municipal Corporation of City of Ahmedabad Vs. Gandhi Shantilal Girdha ...

Court : Gujarat

Decided on : Nov-17-1960

Subject : Civil

Acts : Evidence Act, 1872 - Sections 45 and 65

Reported in : AIR1961Guj196; (1961)GLR304

by calling medical experts. Similarly in Indira Gonsalves v. Joseph : AIR1953Mad858 which was a case under the Divorce Act, 1869, a certificate by a Doctor as regards potency of the respondent was sought to be relied upon and … the incapacity is relevant under Section 45 of the Evidence Act. Such opinion however must be duly proved. Section 59 provides that all facts, except the contents of documents may be proved by oral evidence. The relevant fact

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Mar 18 1964

Mahendra Manilal Nanavati Vs. Sushila Mahendra Nanavati

Court : Supreme Court of India

Decided on : Mar-18-1964

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 … contains an expression 'knowing that you are pregnant' and indicates the petitioner's desire that the child be removed. 59. The respondent's letter dated April 13, 1947 states : 'I am not keeping good health at present, I

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May 05 1913

Scott (Otherwise Morgan) and Another Vs. Scott

Court : House of Lords

Decided on : May-05-1913

Subject : Land Acquisition

the exercise of their jurisdiction in nullity suits prior to the Matrimonial Causes Act, 1857, which established the Divorce Court, did from time to time direct the hearing to take place in camera. But in estimating the … to be an offence, privilege can be claimed. He apparently relied much on s 4(4) of the Debtors Act, 1869, and s 1 of the Debtors Act, 1878, and came to the conclusion that Freston's contempt was in … as was attempted in O'Shea v O'Shea and Parnell (1890) 15 PD 59; 59 LJP 45; 62 LT 713; 38 WR 374; 6 TLR 221; … judgment in a criminal cause or matter within the meaning of the section of the Judicature Act to which I have referred. We, therefore, invited

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Mar 07 1990

Kamal V.M. AllaudIn and Etc. Etc. Vs. Raja Shaikh and Etc. Etc.

Court : Mumbai

Decided on : Mar-07-1990

Subject : Family

Acts : Family Court's Act, 1984 - Sections 2, 3, 7, 8, 9, 10, 19, 20 and 28; Code of Civil Procedure (CPC), 1908 - Sections 2(4) and 9; Maharashtra Family Rules, 1987 - Rule 35; Family Courts (Court) Rules, 1988 - Rule 50; Code of Criminal Procedure (CrPC) , 1973; Civil Court Act; Hindu Bigamous Marriages Act, 1946; Bombay Matrimonial (Transfer of Cases), Act, 1950 - Sections 4A, 19 and 35; Indian Divorce Act, 1945; Bombay City Civil Court Act, 1869 - Sections 3, 4, 5 and 12; Special Marriage Act, 1954; Foreign Marriage Act, 1969 - Sections 18(2); Hindu Marriage Act, 1956; Hindu Marriage Act, 1955 - Sections 29(2); Indian Divorce Act, 1869; Parsi Marriage and Divorce Act, 1936 - Sections 18; Muslim Marriage Act, 1939 - Sections 15; General Clauses Act, 1897;

Reported in : AIR1990Bom299

intact.19. There are two other principal statutes of which note is required to be taken. Under the Indian Divorce Act, 1869, the term 'High Court' has been explained in the Interpretation Clause. Under Section 3(1) 'High Court' means,--'With reference … results and adherence to rigid rules of procedure and evidence should be eliminated. The Law Commission in its 59th Report (1974) had also stressed that in dealing with disputes concerning the family the Court ought to adopt

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Jan 23 1917

Beatrice Alice De Ste Croix Vs. Philip De Ste Croix

Court : Kolkata

Decided on : Jan-23-1917

Subject : Family

Reported in : 41Ind.Cas.447

which renders proof of conjugal cohabitation or the restitution of conjugal rights necessary. Section 14 of the Indian Divorce Act, 1869, provides that no adultery shall be deemed to have been condoned within the meaning of the Act unless … defence of collusion. As Lopes, L. J. explained in Butler v. Butler (1890) 15 P. D. 66 : 59 L. J. P. 25 : 62 L. T. 344 : 38 W. R. 390. the object of the

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Jul 09 2003

Mathew Varghese Vs. Rosamma Varghese

Court : Kerala

Decided on : Jul-09-2003

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, … KLT 24. Following an earlier decision of a Division Bench in Chacko Daniel v. Daniel Joshua 1952 KLT 595, it was held that the duty of the father was an imperfect obligation. It was not an actionable

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