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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 … jurisdiction under this Act, the marriage was solemnized or], husband and wife reside or last resided together; 7. Section 4 of the Act dealing with matrimonial jurisdiction of High Court to be exercised subject to Act--Exception, specifies as

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, … Mahila Police Station, a copy of which is Ex. P. 6; the police registered a case under Section 498A. IPC against the, plaintiff and his parents and they were arrested, on 19-9-1996 by the police and they

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

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 … to nothing but interference with the right of personal liberty. Here as mentioned earlier, Section 112 read with Section 4 Evidence Act really have the effect of completely closing and debarring the party from leading any evidence with … 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

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 … educated and academically well placed Syrian Catholic family. It is stated that on 1-9-1991, that is, on the 4th day of marriage, they went to the house of the Appellant at Mavelikkara. As regards non consummation of

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 … Personal Law still in force. It is proposed to repeal these enactments also as they have become obsolete. 4. This Bill seeks to achieve the above objects. Notes on clauses Clause 1.--This clause provides for short title

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 … Court in Sarla Mudgal v. Union of India : 1995 (2) KLT 45 (SC) : AIR 1995 SC 1531 has also taken the view 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 … in the Bill in greater detail.” (ii) The subject of solemnization of special marriages, is provided for in Section 4 of the above enactment. Section 4 lays down the conditions related to solemnization of special marriages, which requires

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 … co-operated with the petitioner with kindness and affection. The averment in paragraph 4 and 5 of the petition is false, baseless and imaginary. Unfortunately, the