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

Court : Karnataka

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. … Apex Court has ruled that 'cruelty for the purpose of Under Section 13(1)(I-a) is to be taken as a behaviour by one spouse towards, the

Saumya Ann Thomas Vs. Union of India (Uoi)

Court : Kerala

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 … application for divorce on 5.12.08. That petition was numbered as O.P. No. 1313/08. During the pendency of that petition, the parties appear to have settled

Peter Messtas Vs. Mrs. Jennifer Messias

Court : Madhya Pradesh

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 … within the ambit of cruel treatment by her towards him.11. The word cruelty has been used in Section 13(1)(ia) of the Hindu Marriage Act, 1955 and that has been judicially interpreted in several decisions of the Supreme

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

Court : Madhya Pradesh

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, … plaintiff is trying to take advantage of his own: wrong.14. The word 'cruelty' has been used in Section 13(1)(ia) of the Hindu Marriage Act, 1955 and that has been judicially interpreted in several decisions of the Supreme

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

Court : Delhi

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 … Singh, Addl. District Sessions Judge, Delhi.2. Vide the impugned judgment, the trial court has decreed the petition under Section 13(1)(i-a) of the Act for divorce filed on behalf of the respondent-husband.3. The brief facts of this case are … 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

Sharda Vs. Dharmpal

Court : Supreme Court of India

Subject : FamilyCivil

Acts : Hindu Marriage Act, 1955 - Sections 5, 12(1) and 13(1); Constitution of India - Article 21, 47 and 227; Mental Health Act, 1987 - Sections 2(1) and 5; Family Law Reform Act, 1987 - Sections 22 and 23; Family Law Reform Act, 1969 - Sections 20(1) and 20(2); Mental Health Act, 1983; Human Rights Law; C.C. Rules, 1981 - Order 19 - Order 21, Rule 6 - Order 40, Rule 1 - Order 103, Rule 27; Arbitration Act, 1950 - Sections 12(6); National Insurance (Industrial Injuries) Act, 1965 - Sections 50; Persons with Disabilities (Equal opportunities, Protection of Rights and Full Participation) Act, 1995; National Trust for Welfare with Antism, Cerebral Palsy, Mental Retardation and Municipal Disabilities Act, 1999; Code of Civil Procedure (CPC) - Sections 75, 115 and 151 - Order 26, Rule 10A - Ord

Reported in : AIR2003SC3450; 2003(3)ALLMR(SC)331; 2003(3)ALT41(SC); 2003(2)AWC1534(SC); 2003(2)BLJR1420; 2003(2)CTC760; I(2003)DMC627SC; [2004(1)JCR98(SC)]; JT2003(3)SC399; 2003(2)KLT243; [2003]3SCR106; (2003) 4 SCC 493

Dissolution of Muslim Marriage Act, 1939, Section 32 of Parsi marriage and Divorce Act, 1936, Section 10 of Indian Divorce Act, 1869. Section 13 of Hindu Marriage Act, 1956 and Section 27 of the Special Marriage Act, 1954 … such regulation to constitutional limitations by recognition of a fundamental right to privacy, analogous to the American Fourth Amendment, we have no justification to import it, into a totally different fundamental right, by some process of strained … upheld.64. In M. Vijaya v. The Chairman, Singareni Collieries and Ors. : 2001(5)ALD522 , the court, upon a detailed discussion of the competing rights of

Smt. Swati Verma Vs. Rajan Verma and ors.

Court : Supreme Court of India

Subject : Family

Acts : Dowry Prohibition Act - Sections 3 and 4; Indian Penal Code (IPC) - Sections 406 and 498A; Hindu Marriage Act, 1955 - Sections 13(B) and 24; Constitution of India - Article 142; Marriage Laws (Amendment) Act, 1976; Code of Criminal Procedure (CrPC) - Sections 482

Reported in : AIR2004SC161; 2004(5)ALLMR(SC)45; II(2003)DMC795; 2003(3)JKJ121[SC]; (2004)1SCC123

this Court shall form part of this Order. Family - Dowry Prohibition Act - Sections 3 and 4; Indian Penal Code - Sections 406 and 498A; Hindu Marriage Act, 1955 - Sections 13(B) and 24; Constitution of … and Sessions Judge, Delhi for annulment of marriage by a decree of divorce under the Hindu Marriage Act which has been registered as H.M.A.No. 1108 … by mutual consent under Section 13(B) of the Hindu Marriage Act, 1955 as amended by the Marriage Laws (Amendment) Act, 1976. The petitioner and respondent No. 1 have stated in the said application that their marriage has broken … to respondent No. 1 herein Rajiv Verma, at Delhi on June 30, 2001 according to Hindu rites. It appears that soon after the marriage the

Thomas K. Varghese Vs. the Family Court

Court : Kerala

Subject : Family

Acts : Divorce Act, 1869 - Sections 3(3); Divorce (Amendment) Act, 2001

Reported in : I(2005)DMC495; 2004(3)KLT1036

has territorial jurisdiction to entertain O.P. (I.D.A.) No. 942 of 1997 and also for a declaration that the Indian Divorce (Amendment) Act, 2001 is not applicable to O.P. (I.D.A.) No. 942 of 1997. He also prayed for a direction to the … respondent has territorial jurisdiction to entertain O.P. (I.D.A.) No. 942 of 1997 in view of the amendment to Section 3(3) of the Divorce Act, 1869 by Act No. 51 of 2001. Though the first respondent found that

Shayara Bano Vs. Union of India and Ors. Ministry of Women and Child D ...

Court : Supreme Court of India

Subject : MRTP

extracted hereunder:- “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 … importing the masculine gender used in statutes are to be taken to include females. Attention be drawn to Section 13 of the General Clauses Act. But in matters of succession the general rule of plurality would have to

Bharat Aluminium Vs. The Assistant Commissioner

Court : Chennai

Subject : Land Acquisition

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 … R.MALA O.M.S.No.50 of 1998 and A.No.5047 of 2008 C.Rajamani ... Petitioner vs. Rathna Bai ... Respondent Petition under Sections 18 and 22 of the Indian Divorce Act 1869 and order XXVII of original side Rules prays for … (iii) So, the respondent alone with her mother came to Madras on 13.10.1996 and thereafter only they came to know that the petitioner had shifted