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Kamlabai Vs. Devram Sona Bodgujar

Court : Mumbai

Subject : Family

Acts : Bombay Hindu Divorce Act, 1947 - Sections 3, 4, 5, 5(1), 5(2), 5(3), 12, 19 and 30; Code of Civil Procedure (CPC), 1908 - Sections 20; Consitution of India - Article 5; Government of India - Sections 99; Parsi Marriage and Divorce Act, 1865

Reported in : AIR1955Bom300; (1955)57BOMLR568; ILR1955Bom749

Gajendragadkar, J. 1. This appeal raises a short question under Section 5, Sub-section (3), Bombay Hindu Divorce Act, 22 of 1947. The plaintiff, who is a Hindu wife, brought a suit against her husband and prayed … The marriage between the plaintiff and the defendant took place in Madhya Pradesh at Fopnar in or about 1945. The defendant has always been a resident of the village of Fopnar. Unfortunately, this marriage has turned out

Sushila Mahendra Nanavati Vs. Mahendra Manital Nanavati

Court : Mumbai

Subject : Family

Acts : Hindu Marriage Act, 1955 - Sections 12(1), 12(2) and 23; ;Code of Civil Procedure (CPC), 1908 - Order 8, Rule 5; ;Evidence Act - Sections 58

Reported in : (1959)61BOMLR431

directions in Ss. 7, 12, 13 and 14 to which I have already alluded.'This was under the Indian Divorce Act, 1869.The reason of the rule is equally applicable here where the consequences to the woman are very serious. … 1954-P 252FACTS(1) The parties (petitioner Mahendra and respondent Sushila) were betrothed to each other in June or July 1945 and the marriage between the two took place on 10-3-1947 according to Hindu rites. After a few days … Acts/Rules/Orders: Hindu Marriage Act, 1955 - Sections 12(1), 12(2) and 23; Civil Procedure Code, 1908 - Order 8, Rule

Major T. Ramchandra Vs. Mrs. Saraswati Ramchandra and anr.

Court : Punjab and Haryana

Subject : Family

Acts : Special Marriages Act, 1872 - Sections 2 and 10; Divorce Act, 1869 - Sections 14 and 57

Reported in : AIR1953P& H68

Mr. H. SUn-der Rao in April 1935. In 1944 respondent 1 became a Muslim and on 10th March 1945, the Senior Subordinate Judge, Simla, decreeing Civil Suit No. 137 of 1944 declared that the marriage between Sara … Harnam Singh, J.1. On 10-3-1948, Major Ramchandra applied under Section 10, Divorce Act, 1869,for dissolution of his marriage with Mrs Saras- wati. Ramchandra on, the ground that Mrs. Saraswati Ramchandra was

Ram Shanker Rastogi Vs. Smt. Vinay Rastogi

Court : Allahabad

Subject : Family

Acts : Hindu Marriage Act, 1955 - Sections 13, 13B, 24, 25 and 25(2); Code of Civil Procedure (CPC), 1908 - Sections 11; Evidence Act, 1872 - Sections 115; Indian Divorce Act; Parsi Marriage and Divorce Act, 1936 - Sections 40

Reported in : AIR1991All255; I(1991)DMC204

as to the rate of maintenance is not final.11. The case of Hirabai Bharucha v. Pirojshah Bharucha, AIR 1945 Bombay 537, stems from proceedings under S. 40 of the Parsi Marriage and Divorce Act, 1936. Under this … Act was brought into force, such a duty of the husband was given statutory recognition in the Indian Divorce Act, the Parsi Marriage and Divorce Act and the Special Marriage Act. 'The amount of maintenance, whether it is … a void contract in the eye of law.12. Let us now read Section 25. Subsection (1), inter alia, provides that any Court exercising jurisdiction under

Bai Fatma AlauddIn Vs. Mumna Miranji Haji

Court : Mumbai

Subject : Family

Acts : Saurashtra Dissolution of Muslim Marriages Act, 1952 - Sections 2; Mahomedan Law; Anglo Mahomedan Law; Dissolution of Muslim Marriages Act, 1939 - Sections 2; Muslim Law

Reported in : AIR1957Bom107; (1957)59BOMLR154; ILR1957Bom453

cause she cannot claim maintenance under the general law applicable to Mahomedans and is not entitled to a divorce on the ground that she was not maintained by the husband. 4. With respect, the view taken by … the Peshawar Judicial Commissioner's Court in Mt. Zainaba v. Abdul Rahman AIR 1945 Pesh 51. It was also a case under Section 2 (ii) of … 1. This is a wife's second appeal arising out of her suit against … respondent husband for a dissolution of her marriage under Section 2 of the Saurashtra Dissolution of Muslim Marriages Act, No. XXVI of 1952, the grounds for the dissolution alleged being fl) that she was treated cruelly. (2)

Saraswathi Ammal Vs. Lakshmi

Court : Chennai

Subject : Family

Acts : Hindu Marriage Act, 1955 - Sections 13(1), 21 and 28; Code of Civil Procedure (CPC) , 1908 - Order 9, Rule 13 - Order 22, Rules 4 and 9

Reported in : AIR1989Mad216; II(1990)DMC146

J.1. In these civil revision petitions, an interesting question as to whether proceedings for obtaining a decree for divorce instituted by the husband against his wife can be continued by the wife after the death of her … by the learned counsel upon the decisions in Marsh v. Marsh AIR 1945 PC 188 and Bhan Kaur v. Isher Singh . On the other … filed by Ramanathan against the respondent in these civil revision petitions under Section 13(1)(b) of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act) praying for a decree of dovorce on the ground that the

Manjit Singh Vs. Savita Kiran

Court : Punjab and Haryana

Subject : Family

Acts : Hindu Marriage Act, 1955 - Sections 9 and 25; ;Code of Criminal Procedure (CrPC) , 1973 - Sections 125; Parsi Marriage and Divorce Act, 1936 - Sections 40

Reported in : AIR1983P& H281

Bom 537, wherein it is said while considering the implications of Section 40 of the Parsi Marriage and Divorce Act, 1936 that 'Section 40 is based on grounds of public policy and based directly on the principles of … lower Court has primarily depended on a judgment of the Bombay High Court in Hirabai v. Pirojshah, AIR 1945 Bom 537, wherein it is said while considering the implications of Section 40 of the Parsi Marriage and … 1. The marriage of the parties to this litigation was dissolved by a

Kailash Singh Parihar and ors. Vs. Priti Parihar

Court : Rajasthan

Subject : Criminal

Reported in : 1982CriLJ1005

Their Lordships also referred to Marsh v. Marsh AIR 1945 PC 188 in which the provisions of the Divorce Act which prohibited marriage by parties whose marriage was dissolved by a decree of divorce during the period of … ORDERM.B. Sharma, J.1. As the miscellaneous petition Under Section 482 Cr.P.C. and the Criminal revision arise out of the same case, they can conveniently be disposed of

Johnson Vs. Muelberger

Court : US Supreme Court

Subject : Land Acquisition

12, 1951 340 U.S. 581 CERTIORARI TO THE COURT OF APPEALS OF NEW YORK Syllabus 1. In a divorce proceeding brought in Florida by the second wife of a New York resident, wherein he answered on the … of divorce cannot be attacked on jurisdictional grounds by parties who were actually before the court, or by their privies, or by strangers, in the … entered into a marriage, his third, with petitioner, Genevieve Johnson, and in 1945 he died, leaving a will in which he gave his entire estate … and filed a bill of complaint on July 29. [ Footnote 2 ] U.S.Const. Art. IV, § 1: "Section 1. Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings

Miten S/O Shyamsunder Mohota (Goidani) and anr. Vs. Union of India (Uo ...

Court : Mumbai

Subject : Family

Acts : Hindu Marriage Act, 1955 - Sections 7, 8, 9, 13, 13(1), 13(2), 13B, 13B(1), 13B(2), 14 and 14(1); Hindu Marriage (Amendment) Act, 1976; Bombay Prevention of Hindu Bigamous Marriages Act, 1945; Special Marriage Act, 1954 - Sections 28; Hindu Succession Act, 1956; Matrimonial Causes Act, 1950 - Sections 15 and 22; Constitution of India - Article 44; Hindu Law

Reported in : 2008(3)ALLMR507; 2008(6)BomCR124; 2008(5)MhLj27

without making any allegations against each other, the parties applied for dissolution of marriage by a decree of divorce by mutual consent under the provisions of Section 13B of the 'Act'. This petition for divorce by mutual … : AIR1952Bom84 . The Court, while dealing with the case under the Bombay Prevention of Hindu Bigamous Marriages Act, 1945, its constitutionality and other relevant facets, stated that equality before the law is not offended if the classification … pertinent question of law challenging the constitutional validity of provisions of Section 13B of Hindu Marriage Act, 1955 (hereinafter referred to as the 'Act') insofar