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Choppala Lalitha Kumari Vs. Gogulamudi Bhaskara Rao

Court : Andhra Pradesh

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 … (F.B.) (Karnataka).4. Heard the learned Counsel for the petitioner.5. The Divorce Act, 1869 was amended by Act 51/2001. Section 3 of the Act deals with interpretation clause. Section 3(1) of the Act defining High Court, specifies as hereunder:-3.

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,

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

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 appellant-wife and first respondent-husband married at Bangalore as per the customary rites of Christian community as on 3-7-1997, that the marriage was an arranged marriage through a friend, one Fr.A. Ignatius of Holy Ghost Church. 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 the

Rosy Kurian Kannanaikal Vs. Joseph Verghese Cheeran

Court : Karnataka

Subject : FamilyCivil

Acts : Divorce Act, 1869 - Sections 10, 10A, 14, 16, 17, 19 and 20; ;Family Courts Act, 1984 - Sections 19 and 19(1); Divorce (Amendment) Act, 2001- Sections 29 and 55

Reported in : II(2002)DMC79; ILR2002KAR1831; 2004(3)KarLJ75

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 … reference to High Court for confirmation of a decree for dissolution of marriage or nullity of marriage, under Sections 17 and 20 of the Divorce Act, 1869, is necessary where such decree is granted by a Family … by a three Judges Bench. The reference was numbered as C.R.C. No. 31 of 1999. However, the respondent-husband preferred an appeal under Section 19(1) 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 … 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 … 203, 204 of the Motor Vehicles Act; Section 53 and 54 of the Code of Criminal Procedure and Section 3 of the Identification of Prisoners Act, 1920. Reference in this connection may also be made to Sections 269 … 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

Deepa Raj Kumar Singh Vs. Deepak Kumar

Court : Patna

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

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 Amendment Act of 2001. The appellant-husband could not have preferred a petition for dissolution of marriage before 3-10-2001, the date of commencement of Act 51 of 2001, on that ground. Therefore, the appellant cannot be blamed