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David Alias Balasaheb Sunderrao Takalkar Vs. Kalpana Alias Mai Alias V ...

Court : Mumbai

Subject : Family

Reported in : (1976)78BOMLR85

It is mainly the case of the petitioner that the petition is under Section 18 of the Indian Divorce Act, 1869 for marriage being declared null and void and it is urged that Section 19 provides the grounds on … the time being acts and gives relief, Mr. Sethna relying upon D.M. Raju v. S. Janaki AIR[1974] Mys. 61 submitted that in interpreting the word 'fraud' under Section 19, the Mysore High Court without invoking the aid

Premchand Hira Vs. Bai Galal

Court : Mumbai

Subject : Family

Reported in : AIR1927Bom594; (1927)29BOMLR1336

to prove that one or both of the parties were Christians. Further, under Section 2 of the Indian Divorce Act 1869, it is essential to prove that the petitioner professed the Christian religion at the date of presenting the … proved. This was a marriage between native Christians, and it is sufficient to refer to Sections 60 and 61 of the Indian Christian Marriage Act 1872. The latter section makes a particular certificate conclusive proof of the

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 … Iswarayya (1931) L.R. 58 I.A. 350 : I.L.R. 54 Mad. 774 : 61 M.L.J. 367 (P.C.) the Judicial Committee at page 375 made the following

Dr. (Mrs.) Ruth Annamalai Vs. Mrs. Valliammai Achi, W/O of Late Dr. Al ...

Court : Chennai

Subject : Family

Acts : T.N. Court-fee and Suits Valuation Act, 1955 - Schedule - Sections 55, 56, 61 and 63 - Articles 1 to 6, 7, 11(K); Indian Succession Act, 1925 - Sections 222, 261, 264, 265, 266, 268, 276, 284, 295 and 299; High Court Original Side Rules - Order 25, Rules 4, 25, 55, 689, 690 and 692; Hindu Succession Act, 1956 - Sections 235; Code of Civil Procedure (CPC). 1908 - Sections 26, 75 to 78, 86, 87-B, 90 to 92, 94, 95, 100, 104, 141 and 144 - Order 41 Rule 1; Original Side Rules, 1956 - Order 2, Rules 2, 20 to 50, 51 to 68; Government of India Act, 1915; Indian Oaths Act, 1873; Transfer of Property Act, 1882; Parition Act, 1893; Guardians and Wards Act, 1890; Indian Divorce Act,1869; Specific Relief Act, 1877; Indian Arbitration Act, 1940; Indian Stamp Act, 1899;

Reported in : AIR1991Mad284

Wards Act, 1890 (VIII of 1890). 8. The Indian Succession Act, 1925 (XXXIX of 1925). 9. The Indian Divorce Act (IV of 1869) and the Acts amending the same. 10. The Specific Relief Act, 1877 (I of 1877). … the amended form of valuation of the estate prescribed as per Ss. 61 and 63 of the Act. There can, therefore, be no doubt that … Schedule I of the Tamil Nadu Court-fees Act could not be made applicable because in a preceding under Section 295 of the Indian Succession Act properties were not the subject matter of the dispute. The matter under

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

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

Court : Mumbai

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 … 7 of the Family Courts Act will be cognizable by the Family Court as explained earlier in Para 61 above; viii) All suits and petitions relating to Muslim Women where the cause arises under the Dissolution of

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 … 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

Maria Soosai Vs. Clara Mary

Court : Chennai

Subject : Family

Reported in : (1995)1MLJ282

same materials. 9. A Full Bench of this Court considered the provisions of Section 7 of the Indian Divorce Act, 1869 in Sumathi Animal v. D. Paul : AIR1936Mad324 and observed thus:It seems to me clear that the intention … principles and rules must include principles of law. The decision of the Privy Council in Iswarayya v. Iswarayya, 61 M.L.J. 367. supports this view. I observe that in 47 Bom. 843, this is the view of Martin,

Amina Bharatram Vs. Sumant Bharatram and ors.

Court : Delhi

Subject : Land Acquisition

to (f) the Explanation to Section 7 of the Courts Act, 1984, excluding matters governed by the Indian Divorce Act, 1869, and Parsi Marriage and Divorce Act, 1936; which were cognizable by the High Court on the Original Side, … See - (i) Bakhshi Lochan Singh and others vs. Jathedar Santokh Singh and others, ILR (1971) I Delhi 615 (DB), in which it was held as under:“It was held by the Division Bench that after the coming

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

Court : Gujarat

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 … In the case of contents of documents, two methods of proof are recognised by the Evidence Act as Section 61 provides that the contents of documents may be proved either by primary or by secondary evidence. There are