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Alfred Wilkinson Vs. Grace Emily Wilkinson
Mumbai
Apr-04-1923
Family
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
Tag this Judgment! AI Brief & AskKanku D/O Dhulabhai Dahyabhai Vs. Khristi Shanabhai Fulabhai
Gujarat
May-03-1963
Family
(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
Tag this Judgment! AI Brief & AskVandana C.V. vs Abhilash Mark
Kerala
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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Mrs. Vandana Fand anr. Vs. Mr. Subhash BenjamIn Borde
Mumbai
Jan-28-1994
Family
Evidence Act, 1872 - Sections 3, 59 and 60; Indian Divorce Act, 1869 - Sections 18
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
Tag this Judgment! AI Brief & AskMunicipal Corporation of City of Ahmedabad Vs. Gandhi Shantilal Girdha ...
Gujarat
Nov-17-1960
Civil
Evidence Act, 1872 - Sections 45 and 65
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
Tag this Judgment! AI Brief & AskMahendra Manilal Nanavati Vs. Sushila Mahendra Nanavati
Supreme Court of India
Mar-18-1964
Family
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)
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
Tag this Judgment! AI Brief & AskScott (Otherwise Morgan) and Another Vs. Scott
House of Lords
May-05-1913
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
Tag this Judgment! AI Brief & AskKamal V.M. AllaudIn and Etc. Etc. Vs. Raja Shaikh and Etc. Etc.
Mumbai
Mar-07-1990
Family
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;
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
Tag this Judgment! AI Brief & AskBeatrice Alice De Ste Croix Vs. Philip De Ste Croix
Kolkata
Jan-23-1917
Family
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
Tag this Judgment! AI Brief & AskMathew Varghese Vs. Rosamma Varghese
Kerala
Jul-09-2003
Family
Christian Law
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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