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Mrs. Larley Vs. John @ Johny C.A.

Court : Patna

Subject : Family

Acts : Divorce Act, 1869 - Sections 18, 19 and 20; Divorce (Amendment) Act, 2001

of the Indian Divorce Act, 1869 (the Act' for short). Section 20 as it stood prior to the Indian Divorce (Amendment) Act, 2001 (Act 50 of 2001) provided that every decree or nullity of marriage made by District Judge shall be … necessary intendment, and not otherwise. In State of Bombay v. Supreme General Films Exchange Ltd., AIR 1960 SC 980, the Supreme Court observed that an impairment of the right of appeal by putting a new restriction thereon

Mrs. Larley Vs. Mr. John @ Jony C.A.

Court : Patna

Subject : Family

Acts : Indian Divorce Act, 1869 - Sections 17, 18, 19 and 20; Indian Divorce (Amendment) Act, 2001 - Sections 1(2); Code of Criminal Procedure (CrPC) - Sections 366

of the Indian Divorce Act, 1869, ('the Act' for short). Section 20 as it stood prior to the Indian Divorce (Amendment) Act, 2001 (Act 50 of 2001) provided that every decree of nullity of marriage made by District Judge shall be … necessary intendment, and not otherwise. In State of Bombay v. Supreme Court Films Exchange Ltd., AIR 1960 SC 980, the Supreme Court observed, that an impairment of the right of appeal by putting a new restriction thereon

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,

Suo Motu Reference in the Matter of Divorce Act

Court : Kerala

Subject : FamilyCivil

Acts : Divorce Act, 1869 - Sections 45 and 55; Divorce (Amendment) Act, 2001 - Sections 10, 16, 17, 18 and 20; Family Court's Act; Code of Civil Procedure (CPC)

Reported in : II(2002)DMC753

certain amendments is the Indian Divorce Act to remove the glaring features of discrimination brought to light. The Indian Divorce (Amendment) Act, 2001, (Act No. 51 of 2001) was enacted by Parliament for this purpose and brought into force from 3rd … Court. It also had the power to transfer such suits or proceedings from one District Court to another. Section 9 empowers the High Court upon a reference to decide a question of law.4. As a result of the

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

Jayaraj R. vs Kavya G Nair

Court : Kerala

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 aperiod of two years or more, that they … situation would be different if the parties in the first instance resort to a petition for relief under Section 9 or Section 13 of the Act and during the pendency of such a petition, they decide to invite

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 … and Sections 17 and 20 as available before and after the amendment. 9. Section 10A of the Act reads as follows: "10A. Dissolution of marriage

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 … still widely prevalent and in vogue. 213 144. The fact, that about 90% of the Sunnis in India, belong to the Hanafi school, and that,

Mrs. Nisha Ribero Vs. Mr. George Mario Ribeiro

Court : Delhi

Subject : Family

Acts : Indian Divorce Act, 1869 - Sections 10 and 17; Indian Divorce (Amendment) Act, 2001 - Sections 12; Indian Christian Marriage Act, 1872

Reported in : 2004IAD(Delhi)70; 108(2003)DLT48; II(2003)DMC807; 2003(71)DRJ763

said decree in terms of the said provisions. However, it is to be noted that Parliament enacted the Indian Divorce (Amendment) Act, 2001 which received the assent of the President on 24.9.2001 and came into force on 3.10.2001. By virtue of … 24.9.2001 and came into force on 3.10.2001. By virtue of Section 12 of the said Amendment Act of 2001, Section 17 was substituted by the following Section 17:-'17. Power of High Court to remove certain suits. - During

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 … in Kalawati v. Union of India L.A.A. No. 650/08 and C.M. No. 9226/08 dated 27.1.09, that court was also not able to trace, the outcome