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Mrs. Pragati Varghese and Etc. Vs. Cyril George Varghese and Etc.
Mumbai
May-06-1997
Civil
Divorce Act, 1869 - Sections 10, 16, 17 and 20; Constitution of India - Articles 2, 13, 14, 15, 21, 38(2) and 44; High Court Original Side Rules, 1980 - Rule 28; Hindu Marriage Act, 1955 - Sections 7 and 13(1A); Dissolution of Muslim Marriages Act, 1939; The Parsi Marriage and Divorce Act, 1936; The Special Marriage Act, 1954; The Foreign Marriage Act, 1959 - Sections 22; Matrimonial Causes Act, 1857; Matrimonial Causes Act, 1923; Matrimonial Causes Act, 1937; Divorce Reforms Act, 1969; Matrimonial Causes Act, 1973 - Sections 1 and 3; Code of Criminal Procedure (CrPC) , 1973 - Sections 125 and 488; Indian Penal Code (IPC), 1860 - Sections 377 and 498-A; Evidence Act, 1872 - Sections 112
AIR1997Bom349; 1997(3)ALLMR504; 1997(4)BomCR551; 1997BomCR(Cri)918; (1997)3BOMLR333; II(1997)DMC407; 1997(3)MhLj602
Present suits arc filed by Christian wives for dissolution of their marriages under Section 10 of the Indian Divorce Act, 1869 (hereinafter referred as 'the Act'). Each of them impugn the vires of the provisions of Section 10 of … thereafter, referred the suits to the present Full Bench for deciding the aforesaid issues raised in these suits.4. Sections 10, 17 and 20 of the Act, insofar as they are relevant, provides as under:'10. When husband may petition
Tag this Judgment! AI Brief & AskMrs. Nisha Ribero Vs. Mr. George Mario Ribeiro
Delhi
Sep-26-2003
Family
Indian Divorce Act, 1869 - Sections 10 and 17; Indian Divorce (Amendment) Act, 2001 - Sections 12; Indian Christian Marriage Act, 1872
2004IAD(Delhi)70; 108(2003)DLT48; II(2003)DMC807; 2003(71)DRJ763
the petition of the petitioner (wife) which had been filed under Section 10 of the Indian Divorce Act, 1869 for dissolution of marriage on the … ORDER1. This Reference has been made by the Additional District Judge under Section 17 of the Indian Divorce Act, 1869 by his order dated 25.9.2001. By a judgment and order of the same date i.e., 25.9.2001, the learned … ORDER1. This Reference has been made by the Additional District Judge under Section 17 of the Indian Divorce Act, 1869 by his order dated 25.9.2001. By a judgment and order of
Tag this Judgment! AI Brief & AskSmt. Deepika Alizabeth Couto Vs. Gabriel Anthony Couto
Allahabad
Oct-03-1977
FamilyCivil
Divorce Act, 1869 - Sections 10 and 17; Uttar Pradesh Divorce Act, 1957; Constitution of India - Article 227; Constitution of India (42nd Amendment) Act, 1976
AIR1978All27
circumstances of the case we make no order as to costs. (i) Family - confirmation of decree - Sections 10 and 17 of Indian Divorce Act, 1869 (as amended by U.P. Amendment Act, 1957) - Paras 1 to … M.N. Shukla, J.1. This reference purporting to be one under Section 17 of the Indian Divorce Act. 1869 (hereinafter referred to as the Act) reveals a curious state of affairs. A petition was made under Section
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Mini Mathew Vs. Thomas Mathew
Delhi
Apr-10-2003
Family
Indian Divorce Act, 1869 - Sections 10
2003IVAD(Delhi)370; 104(2003)DLT760; II(2003)DMC33; 2003(68)DRJ481
J.D. Kapoor, J. 1. This is a petition by the wife under Section 10 of the Indian Divorce Act, 1869 (substituted by Act 51 of 2001) seeking dissolution of marriage onthe ground of cruelty.2. Put briefly the facts … J.D. Kapoor, J. 1. This is a petition by the wife under Section 10 of the Indian Divorce Act, 1869 (substituted by Act 51 of 2001) seeking dissolution of marriage onthe
Tag this Judgment! AI Brief & AskMaria Sera Pinto Vs. Milton Dias
Mumbai
Aug-25-2000
Family
Indian Divorce Act, 1869 - Sections 10, 16, 17 and 20 - Rules 818, 819 and 820; Family Courts Act, 1984 - Sections 7, 8, 19 and 20; Constitution of India - Articles 14, 15 and 21
2001(1)BomCR585; (2001)1BOMLR56; I(2002)DMC554; 2000(4)MhLj633
Courts Act, 1984. The present petitions are all petitions filed under section 10 of the Indian Divorce Act, 1869 for dissolution of the marriage on … Hon'ble Chief Justice for a decision as to whether the procedure contemplated under Section 16 of the Indian Divorce Act, 1869 of confirmation of a decree nisi made by the High Court on its original side is still required … to petition the Court for dissolution of the marriage on the ground of bigamy, adultery, cruelty or desertion.4. Sections 16 and 17 of the Indian Divorce Act, 1869 are relevant for our purpose and they read as
Tag this Judgment! AI Brief & AskAmmini E.J. and Etc. Vs. Union of India (Uoi) and ors.
Kerala
Feb-24-1995
Family
Divorce Act, 1869 - Sections 10 and 22; Constitution of India - Articles 13, 14, 15 and 21; Code of Criminal Procedure (CrPC) - Sections 488; Evidence Act, 1872 - Sections 112 and 115; Hindu Marriage Act, 1955; Parsi Marriage and Divorce Act, 1936; Muslim Marriage Act, 1939; Special Marriage Act, 1934; Foreign Marriage Act, 1969
AIR1995Ker252
Ramakrishnan, J. 1. The constitutional validity of Section 10 of the Indian Divorce Act, 1869 (for short 'the Act') which regulated divorce among Christians in India for a century and a quarter is … among Christians in India. The Original Petitions would stand allowed as indicated above. Family - constitutional validity - Sections 10 and 22 of Divorce Act, 1869 and Articles 13, 14, 15 and 21 of Constitution of India -
Tag this Judgment! AI Brief & AskJyotsna W/O Suresh Jagtap Vs. Suresh John Jagtap
Mumbai
Feb-02-2001
Family
Divorce Act, 1869 - Sections 10 and 17; Family Courts Act, 1984 - Sections 7(1), 8, 19 and 20
2001(3)BomCR14; I(2001)DMC776
Courts Act, 1984.12. Reference accordingly disposed of. No order as to costs. Family - confirmation of decree - Sections 10 and 17 of Divorce Act, 1869 and Sections 7 (1), 8, 19 and 20 of Family Courts Act, … reference made to this Court by the Family Court at Nagpur, purportedly under section 17 of the Indian Divorce Act, 1869, for confirmation of a decree for dissolution of marriage made by the Family Court.2. The facts giving rise
Tag this Judgment! AI Brief & AskAsha Gomes Vs. Arthur Gomes
Mumbai
Feb-18-2002
Family
Indian Divorce Act, 1869 - Sections 10
2002(2)ALLMR687; 2002(3)BomCR485; I(2002)DMC794
had filed the above referred matrimonial petition, seeking divorce under the provisions of Section 10 of the Indian Divorce Act, 1869 on the ground of cruelty, as interpreted by the Full Bench of this Court in Pragati Varghese v. … and 21 of the Constitution and the same are accordingly struck down. We further find the provisions of Sections 16, 17 and 20 of the Act are also arbitrary and unreasonable. We suggest that the Legislature should
Tag this Judgment! AI Brief & AskKallu Daniel Vs. G.D. Hemalatha
Karnataka
May-31-2005
Family
Indian Divorce Act, 1869 - Sections 10 and 12; Karnataka Civil Courts Act, 1964 - Sections 23; Lunacy Act, 1912; Special Marriage Act, 1954
II(2005)DMC264; ILR2005KAR2708; 2006(3)KarLJ132
returning the petition of the appellant, seeking a decree of divorce filed under Section 12 of the Indian Divorce Act, 1869, to present it before the proper Court.2. The respondent has been served, she remains unrepresented. The only question … open for the appellant to approach the Trial Court for appropriate directions. (A) INDIAN DIVORCE ACT, 1869 - SECTIONS-10, 12-PETITION FILED UNDER SECTION 12 OF THE ACT RETURNED SO AS TO PRESENT IT BEFORE THE PROPER COURT-
Tag this Judgment! AI Brief & AskPasumpon Gandhi Vs. Shirely Gandhi E/O Pasumpon Gandhi and anr.
Chennai
Nov-28-2002
Family
Evidence Act, 1872 - Sections 3 and 104; Divorce Act, 1869 - Sections 10, 12 and 13; Hindu Marriages Act, 1955 - Sections 23
(2003)1MLJ62
the Additional Principal Judge (Additional Family Court), Madras, dismissing his petition filed under Section 10 of the Indian Divorce Act, 1869 to dissolve the marriage performed between him and the first respondent herein, has filed the above appeal. He … order as to costs. Family - suit for divorce - Sections 3 and 104 of Evidence Act, 1872, Sections 10, 12 and 13 of Divorce Act, 1869 and Section 23 of Hindu Marriages Act, 1955 - appeal challenging
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