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Vilayat Raj Alias Vilayat Khan Vs. Smt. Sunila

Court : Delhi

Reported in : AIR1983Delhi351; 23(1983)DLT434; ILR1984Delhi201

..... the converts' marriage dissolution act, 1866, which pertains to legalizing the dissolution of certain marriages of converts to christianity provides in sections 4 and 5 that a spouse, who changes his or her religion for christianity and is deserted or repudiated for a period of six continuous months, in consequence thereof, can apply for conjugal society ..... , there is no such specific provision in the act for a dissolution of a hindu marriage by a convert. ..... for, if both the parties to the marriage together present a petition for divorce by mutual consent in terms of section 13b, the fact that since such marriage they have both converted to some other religion should not stand in their way ..... the dissolution of muslim marriage act, 1939 which consolidates the provisions of muslim law relating to suits for dissolution of marriage by woman married under the muslim law specifically provides and highlights the effect of the renunciation of islam by a married muslim woman on her marriage tie ..... , by a proviso to the said section it is clarified that after such renunciation or conversion, the women shall be entitled to obtain a decree for the dissolution of her marriage on any of the grounds mentioned in section 2.38. ..... the parties to such a marriage want it dissolved, they can seek dissolution on the grounds provided in section 13 and 13b i.e. ..... , on 1st october, 1981, the petitioner filed a petition under section 13(1)(ia) of the hindu marriage act, 1955 (to be referred to in short as 'the act'). .....

Rup Jyoti Das Vs. Beron Saikia

Court : Guwahati

..... 19th century, divorce was introduced by two sets of enactment for two classes of persons; (i) those who converted to christianity and consequent thereof their spouses refused to live with them through the native converts marriage dissolution act, 1866 and (ii) as per indian divorce act, 1869 those who were christians and performed christian marriages. ..... the appellant filed a petition under section 13(1)(ia) and 13(1)(ib) of the act before the learned principal judge, family court, kamrup at guwahati seeking dissolution of marriage with the respondent-husband by a decree of divorce stating inter alia that she was married to the respondent and their marriage was solemnized before the marriage registrar, guwahati and then on 9-2-2000 at sukleswar temple, guwahati as per hindu customs and rites since ..... and the petition for divorce was filed on 1-6-2002 which was apparently before completion of two years immediately preceding the presentation of the petition as required under section 13(1)(ib) of the act, noticed already hereinabove, which provides that desertion of the petitioner (appellant) is to be for a continuous period of not less than 2 years immediately preceding the presentation of the petitioner. ..... rites and rituals can be dissolved by a decree of divorce on being sought by the appellant on the ground of cruelty and desertion as embodied in section 13(1)(ia) and (ib) respectively under the hindu marriage act, 1955 (for short, 'the act').tenets of hindu marriage and divorce:2. .....

Martha Samadhanam David Vs. Sudha

Court : Karnataka

Reported in : AIR1950Kant26; AIR1950Mys26

..... under the native converts marriage dissolution act, it is recognised. ..... the decisions that deal with cases of conversion from hinduism are applicable to cases of conversion into hinduism to the extent that in both kinds of cases, the marriages prior to conversion have been regarded as valid for the purpose of considering whether an offence under section 494, penal code is committed when the converted persons marry again after conversion during the lifetime of the first wife or husband, but whether they commit an offence under s. ..... it is thus clear that marriage in accordance with hindu or mahomedan law which allows polygamy cannot be basis for holding that a second marriage in invalid unlike the case of a christian marriage which does not allow polygamy and invalidates a second marriage during the lifetime of the first husband or wife.in short, as observed by lord pemmener in hyde v. ..... the question of a hindu christian converted relapsing to hinduism and marrying a hindu woman during the lifetime of his first wife married to him when he was a christian as in this case came up for consideration in 1866 in the madras high court in the last mentioned case. ..... 682), in which the decision in high court proceedings, 8th november 1866, 3 m.h.c. ..... ' as observed in high court proceedings, 8th november 1866, 3 m.h.c. .....

Pakkim Solomon Vs. Chelliah Pillai

Court : Chennai

Reported in : 75Ind.Cas.17

..... it is quite clear from the native converts marriage dissolution act xxi of 1866 that the conversion to christianity of one of two married hindus does not dissolve the marriage. ..... originally her faith of that of her parents, and nothing to show whether such re-admission or admission is possible and there is, further, the fact that the policy of the law appears to require the application of the words of section 2 to what may be a substantial class of persons in this country, those who have abandoned a particular sect but who still remain unattached to any religion other than christianity.6. ..... that act provides for means to obtain dissolution of the marriage by application to the court, first of all, for restitution of conjugal tights and then, after the lapse of a year, for dissolution of the marriage if conjugal rights are refused. ..... no steps were taken by him to dissolve his marriage, but he then went through a form of marriage with the petitioner, also a christian. ..... in my judgment, although she may be excommunicated by the section the church to which she belongs, she does not thereby cease to profess christianity. ..... i have felt some doubt with regard to the first question raised by this petition, whether the petitioner can be said to have been professing the christian religion at the time she presented it, within the meaning of section 2 of the indian divorce act. .....

Noor Jehan Begum Vs. Eugene Tiscenko

Court : Kolkata

Reported in : AIR1941Cal582

..... regards hindu marriages which are ordinarily indissoluble, the state has prescribed certain limited conditions under which such marriages may be dissolved under the indian converts marriage dissolution act of 1866 ..... . section 2 of that act is in the following terms:notwithstanding any custom or usage to the contrary, in all questions (save questions relating to agricultural land) regarding intestate succession, special property of females, including personal property inherited or obtained under contract or gift or any other provision of personal law, marriage, dissolution of marriage, including talak, zihar, lian, jhula and mubaraat, maintenance, dower, guardianship, gifts, trusts, and trust properties, and wakfs, (other than charities and ..... in connexion with a petition for the dissolution of a marriage which had been celebrated under the provisions of the special marriage act, 1872, section 17 of which requires that marriages under that act shall be dissolved in the manner provided in the indian divorce act and for the causes therein mentioned ..... ' on this point which might possibly have arisen with reference to section 5 of act 26 of 1937, which empowered the district judge on a petition by a muslim married woman to dissolve her marriage on any ground recognized by the muslim personal law, has now been set at rest by the repeal of that section by the dissolution of muslim marriages act of 1939, (act 8 of 1939), as the latter act by its terms only applies to women married under muslim .....

Shayara Bano Vs. Union of India and Ors. Ministry of Women and Child D ...

Court : Supreme Court of India

..... in 1866, native converts marriage dissolution ..... relating to agricultural land) 57 58 59 284 regarding intestate succession, special property of females, including personal property inherited or obtained under contract or gift or any other provision of personal law, marriage, dissolution of marriage, including talaq, ila, zihar, lian, khula and mubaraat, maintenance, dower, guardianship, gifts, trusts and trust properties, and wakfs (other than charities and charitable institutions and charitable ..... save questions relating to agricultural land) regarding intestate succession, special property of females, including personal property inherited or obtained under contract or gift or any other provision of personal law, marriage, dissolution of marriage, including talaq, ila, zihar, lian, khula and mubaraat, maintenance, dower, guardianship, gifts, trusts and trust properties, and wakfs (other than charities and charitable institutions and charitable ..... only amongst individuals but also amongst groups of people belonging to scheduled castes (for short dalits ), scheduled tribes (for short tribes ) and other backward classes of citizens (for short obcs ) to secure adequate means of livelihood and to promote with special care the economic and educational interests of the weaker sections of the people, in particular, dalits and tribes so as to protect 52 ..... vinerian professor of english law at oxford, which were published in 1885 under the title, introduction to the study of the law of the constitution .....

Budansa Rowther and anr. Vs. Fatma Bi and ors.

Court : Chennai

Reported in : AIR1914Mad192; 22Ind.Cas.697; (1914)26MLJ260

..... . 'the native converts, marriage dissolution act (xxi of 1866) was specially designed to meet the case of converts to christianity from hinduism and other cognate systems which do not recognize the dissolution of a marriage once contracted 'christianity and islam are the only two proselytizing religions in india, and conversions to islam are ..... by the lower courts are that the plaintiff's mother, fatima alias unnarhalai was married to maniya gounden at kariam puthur in pondicherry, but her marriage to jaila rowther was performed at sholavalli in the south arcot district which is brritish territory, and therefore as the marriage to jaila rowther has come before the british courts, the law we must administer is that prevailing in british india; secondly, that, assuming that ..... a hindu married woman who deserts her husband becomes a convert to mahomedanism and adopts the habits of, and lives as the wife of, a mahomedan, she is altogether out of the pale of the hindu law and ceases to have any recognised legal status she has according to that law, that she becomes civilly dead and that the marriage and the relation of husband and wife become thereby absolutely ..... question of the same marriage between sinammal and krishna a native convert to christianity came up for ..... is, that, when a woman is converted to the faith of islam, she must apply to the kazi or magistrate, who will call upon the husband to embrace the faith also, and, if he refuses, the kazi will dissolve the marriage. .....

iravva Vs. Shivappa Shiddalingappa Angadi

Court : Karnataka

Reported in : AIR1987Kant241; ILR1987KAR1955

..... parsi marriage and divorce act q of 19,36); (d) converts' marriage dissolution act (21 of 1866); (e) dissolution of muslim marriage act (8 of 1939); (f) special marriage act (43 of 1954); hindu marriage act (25 ..... 35.a valid marriage causes the relationship of husband and wife to exist, not only as between the parties to it, but also as respects all the world; a valid dissolution of a marriage, whether it be by the act of the husband, as in the case of repudiation by a mohammedan husband, or by the act of a court competent to dissolve it, causes that relationship to cease as regards the whole ..... consideration the peculiar position prevailing in our country also i am of the view that a wife is entitled to maintain an action known to law for avoiding a decree of dissolution of marriage obtained by the husband ex parte against her.13. ..... gould, (1868) 37 lj ch 433 (hl).a decree for dissolution or for nullity of marriage by a competent court being a judgment affecting status is a judgment in rem ..... section 41 of the evidence act, reads as :-'a final judgment, order or decree of a competent court, in the exercise of probate, matrimonial, admiralty or insolvency jurisdiction, which confers upon or takes away from any person any legal character, or which declares any person to be entitled to any such character, or to be entitled to any specific thing, not as against any specified person but absolutely, is relevant when the existence of any such legal character, or the title of any such person .....

Pakkiam Solomon Vs. Chelliah Pillia

Court : Chennai

Reported in : (1923)45MLJ208

..... the law it is quite clear from the native converts marriage dissolution act (xxi of 1866) that the conversion to christianity of one of two married hindus does not dissolve the marriage. ..... or that of her parents, and nothing to show whether such re-admission or admission is possible ; and there is further the fact that the policy of the law appears to require the application of the words of section 2 to what may be a substantial class of persons in this country those who have abandoned a particular sect, but who still remain unattached to any religion other than christianity.6. ..... that act provides for means to obtain dissolution of the marriage by application to the court first of all for restitution of conjugal rights and then after the lapse of a year for dissolution of the marriage if conjugal ..... taken by him to dissolve his marriage, but he then went through a form of marriage with the petitioner also a christian. ..... raised is that at the time of this marriage there was no existing marriage of the respondent it being alleged that by reason of his conversion his then existing marriage became dissolved. ..... raised is that the petitioner has no rights under the indian divorce act because it is alleged that she does not profess the christian religion. ..... some doubt with regard to the first question raised by this petition, whether the petitioner can be said to have been professing the christian religion at the time she presented it, within the meaning of section 2 of the indian divorce act. .....

Pakkiam Solomon Vs. Chelliah Pillai

Court : Chennai

Reported in : AIR1924Mad18

..... is quite clear from the native converts marriage dissolution act (xxi of 1866) that the conversion to christianity of one of two married hindus does not dissolve the marriage. ..... her faith or that of her parents, and nothing to show whether such re-admission or admission is possible; and there is further the fact that the policy of the law appears to require the application of the words of section 2 to what may be a substantial class of persons in this country those who have abandoned a particular sect, but who still remain unattached to any religion other than christianity.6. ..... that act provides for means to obtain dissolution of the marriage by application to the court first of all for restitution of conjugal rights and then after the lapse of a year for dissolution of the marriage if conjugal rights are ..... steps were taken by him to dissolve his marriage, but he then went through a form of marriage with the petitioner also a christian. ..... it follows that the decree that the marriage is a nullity is correct and must be confirmed with costs.oldfield ..... defence raised is that at the time of this marriage there was no existing marriage of the respondent it being alleged that by reason of his conversion his then existing marriage became dissolved. ..... have felt some doubt with regard to the first question raised by this petition, whether the petitioner can be said to have been professing the christian religion at the time she presented it, within the meaning of section 2 of the indian divorce act. .....