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Feb 28 2003

Johnson M. Joseph Alias Shajoo Vs. Smt. Aneeta Jhonson

Court : Madhya Pradesh

Decided on : Feb-28-2003

Subject : Family

Acts : Divorce Act, 1869 - Sections 10(1); ;Divorce (Amendment) Act, 2001; Indian Penal Code (IPC) - Sections 498A

Reported in : AIR2003MP271; 2003(2)MPLJ48

in the above decisions on the meaning of words 'cruelty and desertion'. During pendency of this appeal the Indian Divorce (Amendment) Act, 2001 has come into force from 3-10-2001. Section 10(1)(x) provides cruelty as a ground for dissolution of marriage. Similarly,

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Oct 13 2003

Mrs. Larley Vs. Mr. John @ Jony C.A.

Court : Patna

Decided on : Oct-13-2003

Subject : Family

Acts : Indian Divorce Act, 1869 - Sections 17, 18, 19 and 20; Indian Divorce (Amendment) Act, 2001 - Sections 1(2); Code of Criminal Procedure (CrPC) - Sections 366

of the Indian Divorce Act, 1869, ('the Act' for short). Section 20 as it stood prior to the Indian Divorce (Amendment) Act, 2001 (Act 50 of 2001) provided that every decree of nullity of marriage made by District Judge shall be … S.N. Jha, J.1. This is a reference under Section 20 read with Section 17 of the Indian Divorce Act, 1869, ('the Act' for short). Section 20 as it stood prior to the

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Jan 12 2005

Deepa Raj Kumar Singh Vs. Deepak Kumar

Court : Patna

Decided on : Jan-12-2005

Subject : Family

Acts : Indian Divorce Act, 1869 - Sections 17; Indian Divorce (Amendment) Act, 2001

decree by the High Court passed by the Court below. The said provision has been deleted by the Indian Divorce (Amendment) Act, 2001. However, the divorce case was filed in 1993 when Section 17 of the Divorce Act, 1869 was in … 1. The matter has come for confirmation of judgment and decree dated 28.11.1998 passed by the 6th Additional District

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May 25 2007

Kuruvilla Varghese Vs. Sapnam Elizabeth Joseph

Court : Kerala

Decided on : May-25-2007

Subject : Family

Acts : Divorce Act, 1869 - Sections 10, 10(1), 14 and 16; Indian Divorce (Amendment) Act, 2001; Hindu Marriage Act - Sections 23(1)

Reported in : AIR2007Ker240

matters matrimonial; it is hereby enacted as follows.' Cardinal changes were brought about in the Act by the Indian Divorce (Amendment) Act, 2001. Section 10 of the Act, before the Amendment Act of 2001, was as follows:10. When husband may petition for … has not therefore been consummated (which is a ground for dissolution of marriage under Clause (vii) of Section 10 introduced by The Indian Divorce (Amendment) Act, 2001, Act 51 of 2001 by the substitution of Section 10

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Oct 06 2005

Choppala Lalitha Kumari Vs. Gogulamudi Bhaskara Rao

Court : Andhra Pradesh

Decided on : Oct-06-2005

Subject : FamilyCivil

Acts : Divorce Act, 1869 - Sections 3, 3(1), 3(3), 4, 8, 10, 10A, 10A(1), 16, 17 and 19; Divorce Rules; Indian Divorce (Amendment) Act, 2001 - Sections 10A; Code of Civil Procedure (CPC) - Sections 15; Constitution of India - Article 14

Reported in : 2005(6)ALT628; I(2006)DMC607

the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Indian Divorce (Amendment) Act, 2001, on the ground that they have been living separately for a period of two years or more, that … this Court on an objection taken by the office while numbering the O.P. filed by the petitioner under Section 10-A(1) read with Section 8 of the Divorce Act, 1869 (hereinafter in short referred to as 'Act' for

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Feb 25 2003

Peter Messtas Vs. Mrs. Jennifer Messias

Court : Madhya Pradesh

Decided on : Feb-25-2003

Subject : Family

Acts : Divorce Act, 1969 - Sections 10I and 55; Divorce (Amendment) Act, 2001

Reported in : AIR2003MP214; 2003(2)MPLJ371

separation' as per Section 22 of the Indian Divorce Act, 1869. This Act has been amended by the Indian Divorce (Amendment) Act, 2001. Section 10 of the principal Act has been substituted by new Section 10. According to this section, any marriage … S.P. Khare, J.1. This is an appeal by the husband under Section 55 of the Indian Divorce Act, 1869 (hereinafter to be referred to as 'the Act') against the judgment and decree by which his application under

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Feb 25 2010

Saumya Ann Thomas Vs. Union of India (Uoi)

Court : Kerala

Decided on : Feb-25-2010

Subject : Family

Acts : Divorce Act, 1869 - Section 10A, 10A(1) and 10A(2); ;Indian Divorce (Amendment) Act, 2001; ;Hindu Marriage Act - Section 13B and 13B(1); ;Parsi Marriage and Divorce Act - Section 32B and 32B(1); ;Special Marriage Act, 1954 - Section 28, 28(1) and 28(2); ;Hindu Law; ;Constitution of India - Articles 13, 13(1), 14, 21, 44, 142 and 372; ;Code of Civil Procedure (CPC)

Reported in : 2010(1)KLT869

the parties to a marriage together, whether such marriage was solemnised before or after the commencement of the Indian Divorce (Amendment) Act, 2001, on the ground that they have been living separately for a period of two years or more, that … Is the stipulation of a period of two years as the minimum mandatory period of separate residence in Section 10A(1) of the Divorce Act right, just and fair? Is it arbitrary, fanciful and oppressive? Does that stipulation

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Feb 24 2006

Sri Victor Sebastian S/O Hilari Karkada Vs. Smt. Thorulatha D/O John B ...

Court : Karnataka

Decided on : Feb-24-2006

Subject : Family

Acts : Divorce Act, 1869 - Sections 10, 10(1) and 13(1); Indian Divorce (Amendment) Act, 2001; Hindu Marriage Act

Reported in : II(2006)DMC844; ILR2006KAR3097

under:10. Grounds for dissolution of marriage: (1) Any marriage solemnized, whether before or after the commencement of the Indian Divorce (Amendment) Act, 2001, may, on a petition presented to the District Court either by the husband or the wife, be dissolved … The respondent in the light of the amendment to the Indian Divorce Act 2001 filed a petition Under Section 10(1)(x) of the Divorce Act 1869 before the learned Judge alleging cruelty in the matter. Objections were filed.

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Nov 24 2008

Smt. Vimla Mehra W/O Sh. K.S. Mehra D/O Sh. T.C. Sohal Vs. Shri K.S. M ...

Court : Delhi

Decided on : Nov-24-2008

Subject : Family

Acts : Hindu Marriage Act, 1955 - Sections 10, 13, 13(1), 23 and 28; Indian Penal Code (IPC) - Sections 498A; Children Act, 1960 - Sections 41; Dissolution of Muslim Marriages Act, 1935 - Sections 2; Divorce (Amendment) Act, 2001 - Sections 10; Hindu Adoptions and Maintenance Act, 1956 - Sections 18; Special Marriage Act, 1954 - Sections 27; Evidence Act, 1872 - Sections 14; The (New Zealand) Divorce and Matrimonial Causes (Amendment) Act, 1920; Constitution of India - Article 142

Reported in : 158(2009)DLT136

41 of the Children Act, 1960, Section 2 of Dissolution of Muslim Marriages Act, 1935, Section 10 of Divorce (Amendment) Act, 2001, Section 18 of Hindu Adoptions and Maintenance Act, 1956, Section 27 of Special Marriage Act, 1954 and illustrations annexed … of the law in which cruelty has been defined. One such provision is explanation attached to Section 498A IPC, Section 41 of the Children Act, 1960, Section 2 of Dissolution of Muslim Marriages Act, 1935, Section 10 … been filed by the appellant(wife) under Section 28 of Hindu Marriage Act, 1955 (for short as 'Act') against the impugned judgment and decree dated 15th

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Dec 17 2002

Monika Sanctis Vs. Henry Joseph and anr.

Court : Karnataka

Decided on : Dec-17-2002

Subject : Family

Acts : Divorce Act, 1869 - Sections 10, 14, 16 and 17; Family Courts Act, 1984 - Sections 19

Reported in : ILR2004KAR2081; 2003(2)KarLJ588

them of the procedural hurdles which had been found in the principal act with its Colonial background.; (B) INDIAN DIVORCE (AMENDMENT ACT), 2001 -SECTION 16 - Applicability of - HELD - That a decree for dissolution of a marriage passed under the … 1. This is an appeal by the wife under Section 55 of the Indian Divorce Act read with Section

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