Judgment Search Results Home > Cases Phrase: converts marriage dissolution act 1866 section 32 high court may refer case to judge for additions or alterations Court: uk supreme court Page 1 of about 8 results (0.214 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 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 .....

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

..... obviously is a case decided prior to the coming into force of the hindu marriage act, it was held by the bombay high court that where a hindu married woman having a hindu husband living marries a mohammedan after conversion to 'islam', she commits the offence of polyandry as, by mere conversion, the previous marriage does not come ..... 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 ..... it was contended that the judgment of the court entailed a convert to islam the liability of prosecution for the offence of bigamy under section 494 of the indian penal code which would ..... 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's brother ..... additional documents referred to above it would be seen that though the marriage .....

Clearwater Vs. Meredith

Court : US Supreme Court

..... making one joint stock company of the two, under a new corporate name, which was given; [ footnote 4 ] that the said corporations were organized and formed under the already mentioned act of may 11, 1852, to provide for the incorporation of railroad companies; that the roads were connecting and intersecting roads; that the consolidation was made with the consent of the stockholders and directors of both companies; that afterwards, ..... forth the sale, acceptance of the stock, and guaranty; that clearwater still held possession of the stock; and it assigned for breach, that the stock was not worth par at the time and place stipulated, but on the contrary, was of ..... justice davis, after stating the case, delivered the opinion of the court: in order to arrive at a correct solution of this question, it is important to consider whether the plea is a good one, for a demurrer, whenever interposed, reaches back through the whole record, and ..... 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 ..... and his replication, being demurred to, is held to be insufficient, and he withdraws that replication and substitutes a new one -- the substituted one being complete in itself, not referring to or making part of the one which preceded -- he waives the right page 68 u. s. ..... in this cause is complete in itself; does not refer to, and is not a part of what precedes .....

Rajnesh Vs. Neha

Court : Supreme Court of India

..... from the date of application, was extended to hama by the allahabad high court in ganga prasad srivastava v additional district judge, gonda & ors.51 the court held that the date of application should always be regarded as the starting point for payment of maintenance. ..... 3 under hma, either the wife, or the husband, may move for judicial separation, restitution of conjugal rights, dissolution of marriage, payment of interim maintenance under section 24, and permanent alimony under section 25 of the act, whereas under section 18 of hama, only a wife may seek maintenance. ..... the reference was answered as follows : 5.the reference to the portion of the judgment in bani's case extracted here- in-above would show that the punjab and haryana high court and orissa page 2216 high court have taken an unanimous view that in case the husband commits default in payment of interim maintenance to his wife and children then he is not entitled to any matrimonial relief in proceedings by or against him. ..... the court further retains the power to change" or alter the order in view of the changed circumstances. ..... the right of separate residence and maintenance would however not be available if the wife has been unchaste, or has converted to another religion. .....

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 ..... 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 ..... back to the question ' uniform civil code' we may refer to the earlier judgments of this court on the subject. ..... allam vaidya [1946] madras, a division bench of the high court dealing with a marriage under the special marriage act 1872 held :the special marriage act clearly only contemplates monogamy and a person married under the act cannot escape from its provisions by merely changing his religion. ..... it is correct, it follows that a christian husband can embrace islam and, the next moment, three additional wives, without even the consent of the original wife.against the judgment of blagden, j. ..... khodadad irani's case (supra) wherein the learned judge has held that the conduct of a spouse who converts to islam has to be judged on the basis of the rule of justice and right or equity and good .....

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 of them; (d) a suit or proceeding for an order or injunction ..... the high court, in my view, rightly held that the family court has no jurisdiction to entertain the petition under sections 3 and 4 of the act of 1986 and that the family court cannot convert the petition for maintenance under section 125 cr.p.c. ..... alleging that appellant no.1 was subjected to cruelty and harassment for additional dowry and that she was thrown out of matrimonial home, appellants filed a petition under section 125 cr.p.c against the respondent. ..... a judge must not alter the material of which the act is woven, but he can and should iron out the creases . .....

Supriyo @ Supriya Chakraborty Vs. Union Of India

Court : Supreme Court of India

..... may also approach the high court under article 226 for the issuance of a direction, order, or writ against the appropriate government directing it to fulfil the mandate of section 8 of the transgender persons ..... . 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 and religious endowments) the rule of decision in ..... prescribed under the jj act and the adoption regulations: jj act adoption regulations the prospective adoptive parents in addition to the criteria prescribed under must be physically fit, financially the jj act, the prospective parents should sound, mentally alert and highly not have been convicted of a criminal act motivated to provide a ..... of reading up can only be undertaken by the courts when it would be consistent with legislative intention, when it would not alter the nature of the enactment, and when the new ..... judge bench also observed that the order of nature referred to in section 377 of the ipc is not a constant but is guided by social morality as opposed to 4 (2009) 160 dlt2775 (2014) 1 scc16 air2014sc18637 air2017sc41619 part a constitutional values, and that a section ..... marriage by queer persons, they will be protected from so-called conversion therapies which attempt to convert the sexual orientation of queer people into a heterosexual orientation as well as forced marriages .....

Mansell Vs. Mansell

Court : US Supreme Court

..... footnote 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 ..... the only reference to the definitional section is contained in the senate report, which states that the deductions from total retired pay, including retirement pay waived in favor of veterans' disability payments, "generally parallel those existing deductions which may be made from the pay of federal employees and military personnel before such pay is subject to garnishment for alimony or child support payments under section 459 of the social security act. (42 ..... despite overwhelming evidence that congress intended to overrule mccarty completely, to alter preexisting federal military retirement law so as to eliminate the preemptive effect ..... 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 his ..... of the california court of appeal is hereby reversed, and the case is remanded for further proceedings not .....

Devinder Singh Narula Vs. Meenakshi Nangia

Court : Supreme Court of India

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

..... being presented, the learned court below posted the matter on 15.10.2012 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 separately for a period of one year ..... we, accordingly, allow 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 shall stand dissolved by mutual consent. ..... sharad dutt [(2000) 10 scc 243], which was 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. .....

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

Court : Supreme Court of India

..... 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 ..... case at hand initiated by the husband for dissolution of marriage was viewed from a different perspective by the learned family court judge who declined to grant divorce as the factum of desertion as requisite in law was not proved but the high court, considering certain facts and taking note of subsequent events for ..... we must immediately state that the high court has referred to certain grounds stated in the memorandum ..... 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. ..... making unfounded indecent defamatory allegations against the spouse or his or her relatives in the pleadings, filing of complaints or issuing notices or news items which may have adverse impact on the business prospect or the job of the spouse and filing repeated false complaints and cases in the court against the spouse would, in the facts of a case, amount to causing mental cruelty to the other spouse. .....