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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 … (hereinafter 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

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, … (hereinafter 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.

Kuruvilla Varghese Vs. Sapnam Elizabeth Joseph

Court : Kerala

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 … the words 'there has not been any unnecessary of improper delay in instituting the proceedings' occurring in Section 23(1)(d) of the Hindu Marriage Act, it was held thus:It is necessary to consider the aspect of unreasonable or

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 … with the rules framed under the Act.8. It is also stated that the petition is not maintainable under Section 23 of the Act as respondent never filed petition immediately when as alleged the appellant has treated him with … 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

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 … Court’s attention was drawn to Quran, Al-Baqarah 2:229; Quran, Al-Baqarah 2:229 and 230; Quran, Al-Baqarah 2:232; and Quran, Al-Talaq 65:1 (-for details, refer to paragraph

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)

John Vincent Versu Nancy

Court : Chennai

Subject : Land Acquisition

of Grounds of Civil Miscellaneous Appeal under Section 55 of the Divorce Act, 1869, as amended by the Indian Divorce (Amendment) Act, 2001 Act 51 of 2001, against the order and decretal order dated 19.04.2011 made in I.D.O.P.No.140 of 2006 on … the petition filed by the appellant/husband seeking a decree for dissolution of marriage between the parties solemnised on 23.8.1998 at St.Antony's Church, Avadi by the Parish Priest Rev.Fr.K.T.Mathew and for custody of the children as well as

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

Bivin John vs Minnu Joseph

Court : Kerala

the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Indian Divorce (Amendment) Act, 2001 (51 of 2001), on the ground that they have been living separately for a period of two years … and decree dated 28.02.2022. Feeling aggrieved, the appellant filed this appeal before this Court, invoking the provisions under Section 19(1) of the Family Courts Act, 1984. 2.1. On 31.05.2022, when this appeal came up for admission, this … Order XXXIIA Rule 3 of the Code of Civil Procedure, 1908 Section 23(2) of the Hindu Mar- riage Act/Section 9 of the Family Courts Act,

Bivin John vs Minnu Joseph

Court : Kerala

the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Indian Divorce (Amendment) Act, 2001 (51 of 2001), on the ground that they have been living separately for a period of two years … and decree dated 28.02.2022. Feeling aggrieved, the appellant filed this appeal before this Court, invoking the provisions under Section 19(1) of the Family Courts Act, 1984. 2.1. On 31.05.2022, when this appeal came up for admission, this … Order XXXIIA Rule 3 of the Code of Civil Procedure, 1908 Section 23(2) of the Hindu Mar- riage Act/Section 9 of the Family Courts Act,