Judgment Search Results Home > Cases Phrase: converts marriage dissolution act 1866 section 1 short title Page 6 of about 317 results (0.201 seconds)

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 .....

Shiv Indersen Mirchandani of Bombay and anr. Vs. Natasha Harish Advani ...

Court : Mumbai

Reported in : 2002(2)BomCR436; II(2002)DMC89

..... nevertheless her marriage with the deceased who was a hindu was valid and for the purpose of dissolution, it was governed by the indian divorce act, 1869 as section 2 thereof authorizes the court to grant relief only when the petitioner or respondent professes christian religion and the parties are domiciled in india at the time when the petition is ..... , in view of the aforesaid interpretation and guideline given by the supreme court, the question of dissolution of their marriage will have to be decided with reference to that law under which they got married in new york ..... ---a foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties or between parties under whom they or any of them claim litigating under the same title except--- (a) where it has not been pronounced by a court of competent jurisdiction;(b) where it has not been given on the merits of the case;(c) where it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal ..... having filed a caveat, opposing the grant of probate, the said petition is converted into testamentary suit no. ..... secondly, so long as the marriage is subsisting, the domicile of the wife remains the same as that of her husband and nothing short of a decree of divorce, not even a decree of judicial separation, is sufficient to change her ..... comparison need not stop here for what is laid down is of more concern and importance which i shall point out shortly. .....

Thapita Pater Vs. Thapita Lakshmi and anr.

Court : Chennai

Reported in : (1894)ILR17Mad235

..... . in the other case supposed, the first wife, if she is to be doomed the legal wife for all the purposes of the act, would under section 10* be entitled to treat her husband's second marriage as bigamous and on the strength of it to seek dissolution of her marriage on the ground of a connection which, at the time it was formed, was perfectly lawful,no doubt it is true that persons who have married as hindus and subsequently become christians subject themselves ..... the judge ordinary observed that it would be extraordinary if a marriage in its essence polygamous should be treated as a good marriage by an english court, and held that marriage as understood in christendom may be defined as the voluntary union for life of one man and one woman to the exclusion of all others.9. by section 7 of act iv of 1869 the high court and district courts shall act and give relief on principles and rules on which the court ..... . it is clear to my mind that the divorce court would not grant the relief the petitioner prays for, on the ground that the marriage being a polygamous one cannot be recognized as a marriage by that court ; and, being also of opinion that act iv of 1869 does not contemplate relief in cases where the parties have been married under the rites and ceremonies of hindu law, i hold that the district court ..... the convert is, in compensation for his sacrifice, entitled to a relief under the act or to any divorce except under the provisions of act xxi of 1866.27 ..... question are shortly these .....

Mohinder Pal Kaur Vs. Gurmit Singh

Court : Punjab and Haryana

Reported in : I(2002)DMC297

..... it was submitted that this period of 6 months can be brought down to a lesser period and the court can order the dissolution of the marriage of the parties with their mutual consent under section 13-b of the hindu marriage act where the court feels that the parties have taken a conscious decision to dissolve their marriage by mutual consent and that neither party has been induced into this decision through fraud, coercion, undue influence or misrepresentation. ..... during the pendency of appeal, on july 29, 1996, the parties filed joint petition under section 13-b of the hindu marriage act read with section 151 cpc for converting the proceedings under section 13 of the hindu marriage act to proceedings under section 13-b of the hindu marriage act. ..... and their relations have strained every nerve to save their marriage and bring about reconciliation between them and they have felt that their marriage is a dead horse and it is no use flogging a dead horse and they pray that petition for divorce under section 13 of the hindu marriage act be converted into one under section 13-b of the hindu marriage and they can be allowed to do so and that petition under section 13-b of the hindu marriage act can be allowed forthwith without waiting any further. .....

G. Packia Raj Vs. P. Subbammal Alias Susila Bai

Court : Chennai

Reported in : AIR1991Mad319; (1991)IMLJ271

..... principles and rules on which the court for divorce and matrimonial causes in england for the time being acts and gives relief:'however, the proviso, which was introduced in the enactment in 1912 runs as follows:'provided that nothing in this section shall deprive the said courts of jurisdiction in a case where the parties to a marriage professed the christian religion at the time of the occurrence of the facts on which the claim to relief is founded'.therefore ..... 'so, unless a valid marriage, solemnized under any system of law, susbists, the question of its dissolution will not arise at all. ..... :'nothing hereinafter contained shall authorise any court to grant any relief under this act, except where the petitioner or respondent professes the christian religion'.paragraph 1 of the plaintiff states as follows:'the petitioner married the respondenton 28th karthikai 1150(1975) and according to seethirutha form of marriage since the respondent was a hindu and subsequently she was converted to christianity of her name changed from subbammal to suila and they were living as husband ..... that case expressly rules that a decree of dissolution may be passed under that act though the marriage 'was not performed according to christian rites'. .....

Alfred Wilkinson Vs. Grace Emily Wilkinson

Court : Mumbai

Reported in : AIR1923Bom321; (1923)25BOMLR945

..... . still less can i hold that in enacting section 7 of that act the legislature intended that the power of the courts to entertain a petition for dissolution of marriage should depend upon the views which might from time to time prevail in the english courts as to ..... september 7, 1921, the petitioner alfred wilkinson filed a petition in the court of the district judge of poona wherein he prayed for a decree for the dissolution of his marriage with the respondent grace emily norah wilkinson on the ground that she had committed adultery in british india with the co-respondent d'arcy ..... is thus formulated 'whether upon a true construction of the imperial statute of 186 1 power is by that statute conferred upon the governor-general in council to legislate for british subjects merely resident in india so as to affect their status as to marriage in the country of their domicil 1' so stated the answer does not necessarily affect the power to decree divorce valid in india, bat the penultimate paragraph of the judgment, portion of which is cited above, goes far ..... 526:there are unquestionably other remedies foe matrimonial misconduct, short of dissolution, which, according to the rules of the jus gentium, may be administered by the courts of the country in which spouses, domiciled elsewhere, are for the time ..... , 'when the judge has no inherent jurisdiction over the subject-matter of a suit, the parties cannot, by their mutual consent, convert it into a proper judicial process' (p .....

Ahamadalli Mahamad Hanif Makandar Vs. Rabiya Alias Babijan Hasan Shaik ...

Court : Mumbai

Reported in : (1978)80BOMLR238

..... by this clause is such sums of money as alimony or compensation made payable on dissolution of the marriage under customary or personal law codified or uncodified, or such amount agreed upon at the time of marriage to be paid at the time of divorce; the wife agreeing not to claim maintenance or any other amount, we thought it necessary to clarify this position lest there be any doubt regarding the scope of section 127(3)(b), for, at the first blush, it might appear that, it takes away ..... the order passed by the learned additional sessions judge is challenged in the above petition, filed by the husband on the ground that the learned additional sessions judge misinterpreted section 127(3)(b) in holding that although the husband deposited the balance of the iddat amount and the meher amount together with the maintenance and costs ordered by the court, the ..... same becomes payable on dissolution of marriage which in some cases may come about on account of divorce, does not change the nature of the said payment and convert it from a consideration for marriage into a consideration for ..... in my view, the word 'receive' used in this sub-section has significance because that contemplates voluntary act on the part of a divorced wife to accept that particular amount ..... according to me, the short question that falls for consideration in the present case is whether the amount of mahar or of maintenance during the period of iddat paid by the petitioner to his divorced wife can be said to be 'the sum .....

Choppala Lalitha Kumari Vs. Gogulamudi Bhaskara Rao

Court : Andhra Pradesh

Reported in : 2005(6)ALT628; I(2006)DMC607

..... having considered what the parties have stated before us and being satisfied of the grounds made in the application under section 10a of the divorce act and by virtue of the power conferred on this court section 16 of the divorce act, we hereby grant a decree nisi for dissolution of marriage with a direction to the registry to place this matter before the concerned full bench after six months from today for making the decree nisi absolute as required under law. ..... 7 observed as hereunder:-'in this contest, learned counsel for the petitioner (the wife) has raised an argument that section 17 itself may taken as violating article 14 of the constitution, because it provides for the reference to this court to be heard by a bench of three judges of this court, for confirmation of a decree nisi for dissolution of marriage granted by any district court whereas, with regard such case arising under the original civil jurisdiction of this court, and the proceeding is a petition ..... filed by the petitioner under section 10-a(1) read with section 8 of the divorce act, 1869 (hereinafter in short referred to as 'act' for the purpose of convenience).2. ..... a petition for divorce can be converted into one for divorce by mutual consent and subject to satisfaction regarding free consent by parties, the court can grant a decree for dissolution by mutual consent. .....

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]. .....

Ahmad Bux and ors. Vs. Smt. Nathoo W/O Ashiq Ali and ors.

Court : Allahabad

Reported in : AIR1969All75

..... 1, was born when she was living in a state of concubinage with mangali or she was born after her mother had been converted to islam and her marriage tie with gulab had been dissolved and she had been married with mangali according to islamic laws. ..... the position under the mahomedan law as administered in british india according to the view of the learned judge was that after conversion of the wife, the marriage is automatically dissolved after a fixed period of time either by the expiration of three menstrual periods of the wife, or, alternatively, in certain circumstances, after the lapse of three months, unless the husband adopts the mulim faith before ..... it wasa case for a declaration under section 42 of the specific relief act that the plaintiff's marriage to the defendant had been dissolved and that the plaintiff had regained the status of an unmarried woman. ..... on the maho-medan law and as that law does not allow a plurality of husbands, it would be void or valid according as the first marriage was or was not subsisting at the time it took place.according to certain authorities cited before that bench when the wife becomes a convert to the musalman faith, and the husband is an unbeliever, the magistrate is to call upon him to embrace islam, and if he does so, the woman continues his wife, but if he refuses ..... 1, as to the dissolution of the marriage tie between gulab and smt. ..... therefore, dissolution of marriage could not have taken place in the case without a decree of court. .....