Judgment Search Results Home > Cases Phrase: converts marriage dissolution act 1866 section 1 short title Court: us supreme court Page 1 of about 146 results (0.240 seconds)

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 .....

Lily Thomas, Etc. Etc. Vs. Union of India and ors.

Court : Supreme Court of India

Reported in : 2000(2)ALD(Cri)686; 2000(3)ALLMR(SC)251; 2000(1)ALT(Cri)363; 2001(1)BLJR499; 2000CriLJ2433; II(2000)DMC1SC; JT2000(5)SC617; 2000(4)SCALE176; (2000)6SCC224; 2000(2)LC1113(SC

..... 147, it was held that nature and incidence of a vedic marriage bond, between the parties are not in any way affected by the conversion to christianity of one of theban and the bond will retain all the characteristics of a hindu marriage notwithstanding such conversion unless there shall follow upon the conversion of one party, repudiation or desertion by the other, and unless consequential legal proceedings are taken and a decree is made as provided by the native converts marriage dissolution act.35. ..... commanding officer as precluding him from obtaining leave of absence to enable him to make complaint in person, some other person authorized by the husband in accordance with the provisions of sub-section (4) may make a complaint on his behalf; (c) where the person aggrieved by an offence punishable under section 494 or section 495 of the indian penal code (45 of 1860) is the wife, complaint may be made on her behalf by her father, mother, brother, sister, son or daughter or by her father's or mother ..... the small beginnings from which it grew up and the comparatively short space of time within which it attained its wonderful development marked its position as one of the most important judicial system of the civilised world. .....

Clearwater Vs. Meredith

Court : US Supreme Court

..... not, by reason of anything therein alleged, to be debarred or precluded from having and maintaining his aforesaid action against the defendants, because he says that the said stock of the cincinnati, cambridge & chicago short line railway company was not destroyed, either in whole or in part, nor was the same rendered worthless and of no value, in manner and form as the defendants by their said plea have alleged. ..... " with these statutes in force, clearwater, on the 12th july, 1853, sold a tract of land to meredith and others for $10,000, taking 200 shares of the already mentioned short line railway company's stock in payment; meredith and they, however, by written contract, guaranteeing to clearwater, that the stock should be worth par -- that is to say, $50 a share -- in cincinnati, on ..... the effect of the consolidation "was a dissolution of the three corporations, and at the same instant, the creation of a new corporation, with property, liabilities, and stockholders, derived from those passing out of ..... there was no reservation of power in the act under which the cincinnati, cambridge & chicago short line railway was organized, which gave authority to make material changes in the purposes for which the corporation was created, and without such a reservation, in no event could a ..... every unimportant change which would work a dissolution of the contract. ..... 172 -- a dissolution of the previous companies, and creates a new corporation with new liabilities derived from those which have .....

Smt. Sarla Mudgal, President, Kalyani and Others Vs. Union of India an ...

Court : Supreme Court of India

Reported in : AIR1995SC1531; 1996(1)ALD(Cri)929; 1995(2)ALT(Cri)50; 1995(43)BLJR898; 1995CriLJ2926; II(1995)DMC351SC; JT1995(4)SC331; 1995(3)SCALE286; (1995)3SCC635; [1995]Supp1SCR250; 1

..... section 17 provides the only means for the dissolution of a marriage or a declaration of its nullity.consequently, where two persons married under the act subsequently become converted to islam, the marriage can only be dissolved under the provisions of the divorce act and the same would apply even if only one of them becomes converted to islam. ..... we might also point out that the shariat act (act xxvi of 1937) provides that the rule of decision in the various cases enumerated in section 2 which includes marriage and dissolution of marriage shall be the muslim personal law only where the parties are muslims; it does not provide that the muslim personal law shall apply when only one of the parties is a muslim. ..... but section 4 of the dissolution of muslim marriages act (viii of 1939) provides that the renunciation of islam by a married muslim woman or her conversion to a faith other than islam shall not by itself operate to dissolve her marriage. ..... the utmost that has been done is to codify the hindu law in the form of the hindu marriage act, 1955, the hindu succession act, 1956, the hindu minority and guardianship act, 1956 and the hindu adoptions and maintenance act, 1956 which have replaced the traditional hindu law based on different schools of thought and scriptural laws into one unified code. ..... in his short and crisp supporting opinion has suggested some of the measures which can be undertaken by the government in this respect.37. .....

Rana Nahid @ Reshma @ Sana Vs. Sahidul Haq Chisti

Court : Supreme Court of India

..... the suits and proceedings referred to in this sub- section are suits and proceedings of the following nature, namely: (a) a suit or proceeding between the parties to a marriage for a decree of nullity of marriage (declaring the marriage to be null and void or, as the case may be, annulling the marriage) or restitution of conjugal rights or judicial separation or dissolution of marriage; (b) a suit or proceeding for a declaration as to the validity of a marriage or as to the matrimonial status of any person; (c) a suit or proceeding between the parties to a marriage with respect to the property of the parties or of either ..... through the judgment prepared by my esteemed sister, but i have not been able to persuade myself to agree that a family court constituted under the family courts act, 1984, lacks jurisdiction to convert an application for maintenance filed by a muslim woman under section 125 of the code of criminal procedure 1973 (hereinafter referred to as cr.p.c ) to an application under section 3 of the muslim women (protection of rights on divorce) act, 1986, (hereinafter referred to as the 1986 act for muslim women ), and decide the same. ..... after shah bano case, the muslim women (protection of rights on divorce) act (for short muslim women protection act ) was enacted with effect from 19.05.1986 as per which a divorced muslim woman is not only entitled to maintenance for the iddat period from her former husband but also to a reasonable and fair provision for .....

Mansell Vs. Mansell

Court : US Supreme Court

..... 17 ] entitled "nonpreemption of state law," the bill provided that, "[f]or purposes of division of marital property of any member or former member of the armed forces upon dissolution of such member's marriage, the law of the state in which the dissolution of marriage proceeding was instituted shall be dispositive on all matters pertaining to the division of any retired, retirement, or retainer pay to which such member or former member is entitled or ..... under the court's reading of the act as precluding the states from characterizing gross retirement pay as community property, a military retiree has the power unilaterally to convert community property into separate property and increase his after-tax income at the expense of ..... the power of state courts -- its first paragraph expands those powers ("a court may treat"); its remaining paragraphs restrict those powers ("this section does not create"; "[t]his section does not authorize"; "[a] court may not treat"). ..... act defining "[d]isposable retired or retainer pay" to exclude "amounts waived in order to receive compensation under title 5 or title 38," and its incorporation into 1408(c)(1)'s community property provision, only limits the federal garnishment remedy created by the act ..... to be and are deducted from the retired or retainer pay of such member, including fines and forfeitures ordered by courts-martials, federal employment taxes, and amounts waived in order to receive compensation under title 5 or title 38 [disability payments]. .....

Devinder Singh Narula Vs. Meenakshi Nangia

Court : Supreme Court of India

Reported in : (2012)8SCC580; JT2012(7)SC519; 2012(7)SCALE473; AIR2012SC2890; 2012AIRSCW4739

..... for the purpose of second motion, as contemplated under section 13-b of the aforesaid act, which is extracted hereinbelow for reference:-13-b.divorce by mutual consent (1) subject to the provisions of this act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the marriage laws (amendment)act, 1976, on the ground that they have been living ..... though we are not inclined to accept the proposition that in every case of dissolution of marriage under section 13-b of the act the court has to exercise its powers under article 142 of the constitution, we are of the opinion that in appropriate cases invocation of such power would ..... considered in anil kumar jains case, after living separately for many years and 11 years after initiating proceedings under section 13 of the hindu marriage act, the parties filed a joint application before this court for leave to amend the divorce petition and to convert the same into a proceeding under section 13-b of the act. ..... the appeal and also convert the pending proceedings under section 12 of the hindu marriage act, 1955, before the additional district judge-01, west delhi, into one under section 13-b of the aforesaid act and by invoking our powers under article 142 of the constitution, we grant a decree of mutual divorce to the parties and direct that the marriage between the parties .....

Dr.(Mrs.) Malathi Ravi, M.D. Vs. Dr. B.V . Ravi M.D.

Court : Supreme Court of India

..... , in course of the proceeding the petition was amended abandoning the prayer for judicial separation and converting the petition to one under section 13(1)(ib) of the act seeking dissolution of marriage by way of divorce. ..... the justifiability of the said analysis within the parameters of section 13(1) of the hindu marriage act, 1955 (for brevity the act ) is the subject-matter of assail in this appeal, by special leave, wherein the judgment and decree dated 11.09.2009 passed by the high court of karnataka in mfa no.9164 of 2004 reversing the decree for restitution of conjugal rights granted in favour of the wife and passing a decree for dissolution of marriage by way of divorce allowing the petition preferred by the respondent ..... counsel appearing for the appellant, submitted that when the petition for divorce was founded solely on the ground of desertion and a finding was returned by the family court that the ingredients stipulated under section 13(1)(ib) of the act were not satisfied making out a case of desertion on the part of the wife, the high court should have concurred with the same and not proceeded to make out a case for the ..... of 2001 under section 13(1) the act seeking for a decree for judicial separation and dissolution of marriage. ..... these circumstances, the petition was filed for judicial separation and thereafter, as has been stated earlier, prayer was amended seeking dissolution of marriage on the ground of desertion since she had deliberately withdrawn from his society. .....

Officer Rajiv Gakhar .Vs Ms. Bhavana @ Sahar Wasif .

Court : Supreme Court of India

..... district judge-i, faridabad, under sections 5 and 12 of the hindu marriage act, 1955 (in short `the act') seeking dissolution of marriage solemnized on 28.11.1999 with ..... at sona rupa restaurant in nehru place, new delhi and it emerged during the conversation that the respondent was a muslim and her actual name was sahar wasif and her previous marriage had taken place according to muslim law with a muslim-wasif khalil after her conversion to islam and had two children out of the said wedlock, namely, daughter heena (13 years ..... 14) inasmuch as the respondent-wife established her claim that on the date of marriage with the appellant she was a hindu and the same is permissible under section 5 of the act, we agree with the conclusion arrived at by the high court and reject the argument of the counsel for the appellant.15) in view of the above discussion and ..... she further deposed that she converted to muslim religion only at the time of marriage with wasif khalil which was ..... in her lengthy statement, she explained all the details including the fact that how she converted to islam to marry a muslim and after divorce, by performing shudhikaran ceremonies, she became a full fledged hindu and there is no bar in ..... it is also his claim that after marriage, during interaction with her father and relatives, he came to know that the respondent's actual name was sahar wasif and that she had converted to islam and was married to a muslim, she had 2 children out of her previous wedlock, namely, .....

Chetan Dass Vs. Kamla Devi

Court : Supreme Court of India

Reported in : AIR2001SC1709; 2001(3)ALLMR(SC)255; 2001(49)BLJR1948; I(2001)DMC714SC; JT2001(5)SC21; (2001)3MLJ26(SC); RLW2001(2)SC201; 2001(3)SCALE399; (2001)4SCC250; [2001]3SCR20; 2001(

..... to her conduct and behavior in deserting him without any reasonable cause, he got the petition amended by moving an application under order 6 rule 17 cpc which was allowed, making a prayer for dissolution of marriage converting the petition from one under section 9 to section 13 of the hindu marriage act on 23.7.1986.3. ..... by the husband challenging the judgment and order passed by the rajasthan high court, upholding the judgment passed by the district judge, sriganganager, dismissing the petition of the appellant under section 13 of the hindu marriage act, 1955 praying for dissolution of marriage by granting a decree of divorce.2. ..... not obey the decree of restitution of conjugal rights obtained by his wife to which he had not objected but later on, he filed a petition for divorce under section 13(1-a)(ii) on the ground that one year had passed from the date of decree of restitution of conjugal rights but no actual co-habitation had taken place between the parties ..... on the ground specified in sub-clause (a), sub-clause (b) or sub-clause (c) of clause (ii) of section 5 any way taking advantage of his or her own wrong or disability for purpose of such relief, and (b) where the ground of the petition is the ground specified in clause (i) of sub-section (1) of section 13, the petitioner has not in any manner been accessory to or connived at or condoned the act or acts complained of or where the ground of the petition is cruelty the petitioner has not in any manner ..... for a short stint. .....