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Aug 18 1994

R. Amirda Amalraj Vs. Thamima

Court : Chennai

Decided on : Aug-18-1994

Subject : Family

Acts : Indian Divorce Act, 1869 - Sections 10 and 11

Reported in : I(1995)DMC191

not prove adultery by itself.5. Moreover in the present case the requirements of Section 11 of the Indian Divorce Act, 1869 (hereinafter referred to as 'the Act') are not satisfied. Under Section 11 of the Act, upon any petition … is dismissed. The decree for divorce passed by the learned District Judge is vacated. Family - divorce - Sections 10 and 11 of Indian Divorce Act, 1869 - petitioner-husband filed petition for divorce on ground of adultery

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Aug 23 1974

idicula Jacob Vs. Mariyamma

Court : Kerala

Decided on : Aug-23-1974

Subject : Family

Acts : Divorce Act, 1869 - Sections 11

Reported in : AIR1976Ker89

terms. There will be no order as to costs. Family - divorce - Sections 10 and 11 of Divorce Act, 1869 - appeal against dismissal of petition seeking divorce on ground of adultery - appelant-husband claimed that respondent-wife leading

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Nov 24 1993

Thomas Vs. Lucy

Court : Karnataka

Decided on : Nov-24-1993

Subject : Family

Acts : Divorce Act, 1869 - Sections 11; Family Courts Act, 1984 - Sections 16(1); Code of Civil Procedure (CPC) , 1908 - Order 19, Rule 1

Reported in : II(1994)DMC49; ILR1994KAR1; 1994(2)KarLJ354

between the petitioner and the respondent in M.C.No. 638/1991, a petition filed under Section 10 of the Indian Divorce Act, 1869. ('Act' for short).2. The petitioner is the husband and the respondent is the wife. They were married on … dated 25.4.1992. We find that the order suffers from two infirmities.3. Section 11 of the Act requires that if the petition is filed by an … of affidavit without sufficient cause by the Family Court is not satisfactory and has to be deprecated. - Sections 7A & 1: [Huluvadi G. Ramesh,J] Dispute regarding applicability of Act-Clubbing of two establishments - Facts and evidence

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Jul 11 2000

Parkash Ram Kumar Vs. Smt. Victoria

Court : Delhi

Decided on : Jul-11-2000

Subject : Family

Acts : Indian Divorce Act, 1869 - Sections 10 and 11

Reported in : II(2000)DMC372

ORDERArijit Pasayat, CJ.1. An application for divorce was filed under Section 10 of Indian Divorce Act 1869 (in short the 'Act') by the husband on the ground of adultery. Accepting the prayer a decree for … entertaining a petition under the Act to consider all the aspects of the case which are mentioned in Sections 11 and 14 and that obligation is not extinguished by the mere fact that the case is an undefended

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Jun 25 1927

Premchand Hira Vs. Bai Galal

Court : Mumbai

Decided on : Jun-25-1927

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 … pay the costs of the proceedings throughout.Crump, J.30. I agree.Blackwell, J.31. I agree. Indian Divorce Act (IV of 1869), Sections 10, 34 and 47-Indian Divorce (Amendment) Act (XXV of 1926)-Indian Christian Marriage Act (XV of 1872)-Petition for divorce-Indian … which my Lord ' the Chief Justice has referred, says at p. 112 :-'Her evidence (that is the wife's evidence) and proof of her conduct

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Jun 20 1967

Ajitrai Shivprasad Mehta Vs. Bai Vasumati

Court : Gujarat

Decided on : Jun-20-1967

Subject : Family

Acts : Hindu Marriage Act, 1955 - Sections 5, 10, 10(1), 11, 12, 12(1), 13 and 13(1); Evidence Act, 1872 - Sections 45; Indian Divorce Act, 1869 - Sections 19(3); Indian Penal Code (IPC), 1860 - Sections 84; Indian Contract Act - Sections 12; Lunacy Act, 1890 - Sections 90

Reported in : AIR1969Guj48; (1969)GLR253

and legal definitions of insanity in the context of a similar legislation viz., Section 19(3) of the Indian Divorce Act, 1869, which provided for a decree of nullity of marriage on the ground of the other spouse being 'an … fulfilled the marriage is not a void marriage as provided in Section 11, but a voidable marriage, under Section 12, which can be annulled by … appreciate the first contention of Mr. Vakil, it would be proper to consider the scheme of the relevant sections of the Act. Section 5 provides for conditions for a Hindu marriage and Section 5(ii) provides that a

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Mar 17 1958

Sarah Abraham Vs. Pyli Abraham

Court : Kerala

Decided on : Mar-17-1958

Subject : Family

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 11; Divorce Act, 1869 - Sections 7 and 10

Reported in : AIR1959Ker352

of conjugal rights - Section 11 of Code of Civil Procedure, 1908 and Sections 7 and 10 of Divorce Act, 1869 - appeal against decree of Lower Court for restitution of conjugal rights against wife - wife-appellant contended that

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Oct 28 1969

Om Prakash Gupta Vs. Puspa Kumari

Court : Delhi

Decided on : Oct-28-1969

Subject : Family

Acts : Hindu Marriage Act, 1955 - Sections 5

Reported in : ILR1969Delhi953

made by sections 11 and 12 read with section 5 of the Act. Section 19 of the Indian Divorce Act, 1869, however, already existed on the Indian statute book outside the Hindu Law. It was in pari materia to

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Jan 27 1988

Wenmanard Marak Vs. Smt. Poiby Momin

Court : Guwahati

Decided on : Jan-27-1988

Subject : FamilyCivil

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

6. We, however, find one procedural defect in this petition. Under Section 11 of the Indian Divorce Act, 1869 where adultery is taken by the … 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 … Saikia, C.J. 1. The 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

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Jan 28 1953

Dr. Dwaraka Bai Vs. Professor Nainan Mathews

Court : Chennai

Decided on : Jan-28-1953

Subject : Family

Acts : Divorce Act, 1869 - Sections 10; Code of Civil Procedure (CPC) , 1908 - Sections 11; Constitution of India - Articles 13, 14 and 15

Reported in : AIR1953Mad792

entitle him to compensatory costs, but only to ordinary taxed costs. Family - divorce - Section 10 of Divorce Act, 1869, Section 11 of Code of Civil Procedure, 1908 and Articles 13, 14 and 15 of Constitution of India … divorce. As the law stood, it was necessary to allege one or other of the grounds mentioned in Section 10 of the Divorce Act to obtain a dissolution of the marriage. That was why resort was sought

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