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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, … S.P. Khare, J. 1. This is an appeal by the husband under Section 55 of the Indian Divorce Act, 1869 (hereinafter to be referred to as the Act) against the judgment and

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 … (Prayer: Memorandum 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,

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 … to a decision in the case of Mrs. Larley v. Mr. John @ Johny C.A., 2004 (1) PLJR 564 (FB). The Full Bench while considering Section 17 of the Divorce Act and amendment/deletion of Section 17 by

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 … Court earlier under Section 10 of the earlier Act is now confined to the District Court only by Section 5 of the Amendment Act.6. A new section has been introduced which provides for dissolution of marriage by mutual

Sri Victor Sebastian S/O Hilari Karkada Vs. Smt. Thorulatha D/O John B ...

Court : Karnataka

Subject : Family

Acts : Divorce Act, 1869 - Sections 10, 10(1) and 13(1); Indian Divorce (Amendment) Act, 2001; Hindu Marriage Act

Reported in : II(2006)DMC844; ILR2006KAR3097

under: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 … The respondent in the light of the amendment to the Indian Divorce Act 2001 filed a petition Under Section 10(1)(x) of the Divorce Act 1869 before the learned Judge alleging cruelty in the matter. Objections were filed. … learned Counsel for the respondent supports. the order of the learned Judge. 5. After hearing, we have carefully perused the material placed on record. .

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 … appellant herein had been suffering fromunsoundness of mind, mental disorder or insanity by virtue of the provisionscontained in Section 5, Section 12(1) and Section 13(1) of the HinduMarriage Act, 1955. As such a state of mind of a … 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

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 … amendment to Section 3(3) of the Divorce Act, 1869 by Act No. 51 of 2001. Though the first respondent found that the allegation of the

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 … they have complied with all the terms and conditions of the compromise. 5. When the appeals came up for hearing, a question arose as to

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 … dissolution of marriage under Clause (vii) of Section 10 introduced by The Indian Divorce (Amendment) Act, 2001, Act 51 of 2001 by the substitution of Section 10 of the Divorce Act, 1869) is liable to be dismissed

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 … requires a notice of the parties intending to get married, the procedure and conditions whereof are contained in Section 5. The provisions of the enactment require, entering a copy of the notice in the ‘marriage notice book’, and