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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

A.V. Arockiam and Etc. Vs. Arul Mary Alias Latchumi Devi and anr.

Court : Chennai

Subject : Family

Acts : Divorce Act, 1869 - Sections 3, 3(1), 3(3), 3(4), 8, 10, 18, 23, 27 and 34; Code of Civil Procedure (CPC) , 1908 - Sections 15 and 24

Reported in : AIR2002Mad435; (2002)2MLJ506

Matched in: Advocate S. Mahimairaj, Adv. (in O.M.S. No. 24/96) and ;Sheila Jayaprakash and J.C. Padmini (in OMS No. 7/2001) S. Manimaran, Adv. (O.M.S. No. 24/96)

Thomas Kuriakose Vs. Abraham Mary

Court : Kerala

Subject : Family

Acts : Divorce Act, 1869 - Sections 22, 24 and 25

Reported in : AIR2004Ker73; 2003(2)KLT41

declaration.2. The learned counsel for the petitioner - husband submitted that in view of Section 22 of the Indian Divorce Act, an order passed for judicial separation will have the effect of divorce and as such the petitioner … as the present case is concerned as Section 7 has already been deleted from the statute by the amendment Act of 1999. In view of the above decisions of the High Courts of Karnataka & Andhra Pradesh, I … the view taken by the learned Single Judge of this Court in 2001 (1) KLJ 650. I respectfully adopt the view taken by the Division

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 … submissions have been advanced. Moreover, in the above judgment the Court was adjudicating a dispute regarding maintenance under Section 125 of the Code of Criminal Procedure. The husband, in order to avoid the liability of maintenance pleaded … conferred statutory status on the Muslim ‘personal law’ - ‘Shariat’, and as 220 such, the same cannot be treated as a statutory enactment, so as

Linish P. Mathew Vs. Mruthula Mathew

Court : Kerala

Subject : Education

the Divorce Act. That question was argued in detail by the counsel. 6. Before the amendment by the Indian Divorce (Amendment) Act 2001 (Act 51 of 2001), the title of the Act was "The Indian Divorce Act". The word "Indian" was … 1, 2, 3 and 4, shall, mutatis mutandis apply to such decree." By the Amendment Act 51 of 2001, Section 20 was omitted. Before the amendment by Act 51 of 2001, a decree for dissolution of marriage passed … parties. A Division Bench of this Court, as per the order dated 22.11.2011, directed to post the cases on 25.5.2012, that is, after a period

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

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) … matter, respondent did not appear to contest the application. Consequently, same has been allowed by order dated February 22, 2000. Decree for divorce has been passed. However, in terms of Section 17 of the Act, it is

Smt. Santa Kumari Das and anr. Vs. the Judge, Family Court and anr.

Court : Orissa

Subject : Family

Acts : Indian Divorce Act, 1869 - Sections 17 and 20

Reported in : 2003(II)OLR18

is a case covered under the Principal Act. The Principal Act has come to be amended by the Indian Divorce (Amendment) Act, 2001 (Act 51 of 2001) which has come into force with effect from 3.10.2001 by virtue of which Sections … Proceeding No. 262 of 1996 in the Court of learned Judge, Family Court, Cuttack by a petition under Section 22 of the Indian Divorce Act, 1869 read with Section 7 of the Family Courts Act, 1984 for a

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 … (1982) DMC 180; and Jorden Dlengdoh v. S.S. Chopra I (1982) DMC 224.Such complaints, which are found to be baseless and to have been made

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 … v. Dr. Jayan Moorkkanatt and Anr. in Mat. Appeal No. 633/08 dated 22/2/2010. Following the decision of the Supreme Court in Anil Kumar Jain v.