Judgment Search Results Home > Cases Phrase: converts marriage dissolution act 1866 section 32 high court may refer case to judge for additions or alterations Page 1 of about 14 results (0.167 seconds)

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. ..... as such for the reasons outlined above, the appeal is allowed and the order of the additional district judge dated 14th may, 1982 is set aside the case is remitted to the trial court with a direction that it be dealt with expeditiously. ..... true, there is no such specific provision in the act for a dissolution of a hindu marriage by a convert. ..... 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. ..... however, 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. ..... thereafter, 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

..... 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. ..... in romesh chander's case (supra), the supreme court by exercising its power under article 142 of the constitution in doing complete justice directed the dissolution of marriage between the parties though both the courts below including high court found that the ..... the house of the husband in the mid part of may, 2001 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 ..... 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 ..... may be referred to, being relevant for adjudication of the case .....

Martha Samadhanam David Vs. Sudha

Court : Karnataka

Reported in : AIR1950Kant26; AIR1950Mys26

..... the native converts marriage dissolution act, it is ..... 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. ..... to me that it is very unlikely that section 494, penal code was intended to be applied to the abnormal cases of converted persons who are sometimes force to marry a second time when their spouses who have not been converted refuse to live with them. ..... 131, it was observed that 'mere conversion to mahomedanism does not dissolve a hindu marriage' and the conviction under section 494, penal code of a hindu wife marrying after conversion to mahomedanism during the lifetime of her hindu ..... a revision petition against the order in criminal revision petition 74/48-49 on the file of the 1st additional sessions judge, bangalore, confirming the order of discharge passed by the city magistrate in c.c. no. ..... 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 ..... i may here refer to in re millard, .....

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. ..... i accept the suggest on made on her behalf, it is some justification for doing so that there is nothing before us as to her admission or re-admission to hinduism, which presumably was 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 ..... 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. ..... my hesitation arises from the facts, evidenced by the resolution of excommunication referred to by my lord, that she had repudiated the authority of the governing body of the christian denomination, to which she belonged, and that she was by the resolution deprived of the spiritual privileges of the christian faith in the .....

Noor Jehan Begum Vs. Eugene Tiscenko

Court : Kolkata

Reported in : AIR1941Cal582

..... 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 ..... in this act the high courts and district courts shall in all suits and proceedings hereunder, act and give relief on principles and rules, which in the opinion of the said courts, are as nearly as may be conformable to the principles and rules on which the court for divorce and matrimonial causes in england for the time being acts and gives relief:provided that nothing in this section shall deprive the said courts of jurisdiction in a case where the parties to a marriage professed the ..... 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 ..... made honestly after marriage with the assent of both spouses, without any intent to commit a fraud upon the law, will have the effect of altering rights incidental to the marriage, such as that of divorce, is a question of importance, and it may be, of nicety ..... in addition to the four general principles formulated above, there is a fifth rule of general application, which has been .....

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 act facilitated divorce for hindus, who had adopted the christian faith. ..... other party to the marriage, and its grammatical variations and cognate expressions shall be construed accordingly; (1a)a wife may also present a petition for divorce to the district court on the ground, (i) guilty of rape, sodomy or bestiality; (ii)that in a suit under section 18 of the hindu adoptions and maintenance act, 1956 (78 of 1956), or in a proceeding under section 125 of the code of criminal procedure, 1973 (2 of 1974) (or under the corresponding section 488 of the code of criminal procedure, 1898) (5 of 1898), a decree or order, as the case may be, has been ..... smritis and commentaries referred to, as interpreted in the judgments of various high courts, except, where such law is altered by any usage or custom or is modified or abrogated by statute. ..... in the indian bar councils act, 1926, or in any other law regulating the conditions subject to which a person not entered in the roll of advocates of a high court may, be permitted to practice in that high court every advocate of the supreme court shall be entitled as of right to practice in any high court whether or not he is an advocate of that high court: provided that nothing in this section shall be deemed to entitle any person, merely by reason of his being an advocate of the supreme court, to practice in any high court of which he was at any time a judge, if he had given an undertaking .....

Charanjit Singh Mann Vs. Neelam Mann

Court : Punjab and Haryana

Reported in : AIR2006P& H201; (2006)143PLR851

..... section 10 of the hindu marriage act, 1955 (in short 'the act') for judicial separation, was filed by the appellant on 15.4.1998 in the court of additional district judge ..... that:(i) the minimum waiting period of 6 months prescribed under sub-section (2) of section 13-b of the act can be waived off with the consent of the parties;(ii) once the appellant's petition under section 10 of the act was allowed to be converted into a petition under section 13-b of the act, the amendment will 'relate back' to the date of original petition ..... with the outer limit of 18 months waiting period provided in sub-section (2) of section 13-b and to the extent aforementioned, the judgment in sureshta devi's case would require reconsideration in an appropriate case, observed as follows :.the observations of this court to the effect that mutual consent should continue till the divorce decree ..... may be mentioned that sub-section (1) of section 13-b of the act permits both the parties to a marriage to present a joint petition for dissolution of their marriage on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and (hey have mutually agreed that the marriage ..... referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has ..... high court .....

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 ..... . the calcutta high court has held that india is not a non-islamic country, and that consequently when a married non-moslem woman adopts the mahomedan faith, and, thereafter, contracts a fresh marriage without applying to a judge or a magistrate to call upon the ..... mahomedan and hindu laws being personal laws are attached to the followers of each religion where ever they may be living, and that the facts found 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 ..... as it must be held on the authority of the decisions to which i have referred that the 1st defendant's marriage with her hindu husband was still subsisting in spite of her conversion her marriage to another man of a different religion was not merely irregular in the eye of ..... pages 102 and 103 for the principle that a marriage during the iddat or three moths' period which must elapse between the termination of one marriage and that into which a woman may subsequently enter, is only .....

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 of 1955). ..... according to the division bench of the andhra pradesh high court, the legal position was clear and the equities or inequities could not alter the legal position. ..... even if it finds the respondent not supporting the judgment of the trial court or making only a pretence of supporting it, it may, in an appropriate case, ask some advocate to assist the court and decide the appeal only after proper assistance is forthcoming. ..... the learned assistant judge, however, was right in not accepting the compromise, though for different reasons. ..... 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, ..... the parties have been referred to with reference to their position in the trial court.3. ..... a useful reference can be made to the commentary of sarkar's evidence, 13th edition, page-492 under the heading 'matrimonial jurisdiction'. ..... 'a reference has been made in the said. .....

Pakkiam Solomon Vs. Chelliah Pillia

Court : Chennai

Reported in : (1923)45MLJ208

..... that is not 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. ..... it is, some justification for doing so that there is nothing before us as to her admission or re-admission to hinduism, which presumably was originally 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 ..... 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 refused. ..... my hesitation arises from the facts, evidenced by the resolution of ex-communication referred to by my lord, that she had repudiated the authority of governing body of the christian denomination, to which she belonged, and that she was by the resolution deprived of the spiritual privileges of the christian faith in the only ..... 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. .....