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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 … arbitrary, fanciful and oppressive? Does that stipulation offend Article 14 and/or Article 21 of the Constitution? Does that stipulation deserve to be read down to

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

Court : Patna

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

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 … 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

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, … to be referred to as the Act) against the judgment and decree by which his application under Section 23 of the Act for judicial separation has been rejected.2. It is not in dispute that plaintiff Jhonson M.

Monika Sanctis Vs. Henry Joseph and anr.

Court : Karnataka

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 … the minimum period required under Section 10 of the Act.A.M. Farooq and D.V. Shylendra Kumar, JJ. 6th January, 2003 ORDERS ON 'FOR BEING SPOKEN TO'1. We had allowed the above appeal as per order dictated on 17th

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 … to be referred to as 'the Act') against the judgment and decree by which his application under Section 23 of the Act for 'judicial separation' has been rejected.2. It is not in dispute that plaintiff Peter Messias

Smt. Mary G. Sunny Vs. Sunny George

Court : Madhya Pradesh

Subject : Family

Acts : Divorce Act, 1869 - Sections 10, 17 and 22; ;Divorce (Amendent) Act, 2001

Reported in : 2002(3)MPHT121; 2002(3)MPLJ497

hearing, it was found that the Indian Divorce Act, 1869 (4 of 1869) has been amended by the Indian Divorce (Amendment) Act, 2001. Sub-section (2) of Section 1 of the amended Act provides for coming into force of Indian Divorce (Amendment)

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 … 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 … 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 … spouse may not amount to his/her suffering continuously or intermittently from mental disorder.13. It may be noticed that Section 2(1) of the Mental Health Act, 1987 defines 'mentally ill person' to mean a person who is in need

Jayaraj R. vs Kavya G Nair

Court : Kerala

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 aperiod of two years or more, that they … able to live together and that they have mutually agreed that the marriage should be dissolved. As per sub-section (2) of Section 13B, on the motion of both the parties made not earlier than six months after the

Shail Kumari Devi and anr. Vs. Krishan Bhagwan Pathak @ Kishun B. Path ...

Court : Supreme Court of India

Subject : FamilyCriminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 117, 125, 125(1), 125(2), 138(2), 145, 147, 167(3), 354, 354(6) and 361; Indian Majority Act, 1875; Code of Criminal Procedure (CrPC) (Amendment) Act, 2001 - Sections 125; Constitution of India - Article 136

Reported in : AIR2008SC3006; 2008(56)BLJR2598; 2008CriLJ3881; II(2008)DMC363SC; [2008(4)JCR125(SC)]; JT2008(8)SC227; 2008(3)KLT576; 2008(10)SCALE602; (2008)9SCC632; 2008AIRSCW5063; 2008(4)LH(SC)2860

"if so ordered, from the date of the application for maintenance". 18. By the Code of Criminal Procedure (Amendment) Act, 2001 (Act 50 of 2001), sub- sections (1) and (2) came to be amended with effect from September 24, … - (a) "minor" means a person who, under the provisions of the Indian Majority Act, 1875( 9 of 1875) is deemed not to have attained … have attained his majority; (b) "wife" includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not … clear from the expression "not exceeding Rs.500/- in the whole". 17. It is further clear that under sub- section (2), such maintenance can be made payable "from the date of order" or "if so ordered, from the date