Judgment Search Results Home > Cases Phrase: converts marriage dissolution act 1866 section 8 on service of petition citation to respondent Page 1 of about 9 results (0.117 seconds)

Gobardhan Dass Vs. Jasadamoni Dassi and anr.

Court : Kolkata

Reported in : (1891)ILR18Cal252

..... petition to the district judge of bankura for the dissolution of his marriage on the ground of his wife's adultery with the correspondent, and the learned judge, holding the adultery established, made a declaration to the following effect: 'it is hereby declared that the marriage of the petitioner, gobardhan dass, a native convert, with jasadamoni dassi, the respondent, is hereby dissolved subject to the confirmation of the order by the high court under section 17 of the act ..... with her majesty.nothing hereinafter contained shall authorize any court to grant any relief under this act, except in cases where the petitioner professes the christian religion and resides in india at the time of presenting the petition; or to make decrees of dissolution of marriage except in the following cases: (a) where the marriage shall have been solemnized in india; or (b) where the adultery, rape or unnatural crime complained ..... such change her native husband, for the space of six continuous months, desert or repudiate her, she may sue him for conjugal society.section 7 provides how the suit is to be commenced: sections 8, 9 and 10 provide for issue and service of citations: section 15 directs that in the case of a female respondent, the matter should be adjourned for a year so see whether she persists in her refusal to live with the petitioner. ..... marriage is not dissolved by the mere fact of the conversion of the one or the other party to christianity is clear from the provisions of act xxi of 1866 .....

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. ..... 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.36. ..... however, the judge observed that if the petitioning spouse were a hindu and the respondent had changed his religion, then the act would apply in view of the provisions of section 13(1)(ii) which specifically grants a spouse a right to seek a divorce on this ground. ..... who is a hindu by religion in any of its forms or developments as set out in section 2 and this provision is identical with the provisions contained in the hindu succession act, 1956, the hindu adoptions and maintenance act, 1956 and the hindu minority and guardianship act, 1956 cannot be held to lead to the irresistible conclusion that the parties must be hindus at the time of the presentation of the petition also or at least the petitioning party must be a hindu, as urged by counsel for the respondent.28. ..... after service was effected on sunila, she filed an application under sections 24 and 26 of the act. .....

Rup Jyoti Das Vs. Beron Saikia

Court : Guwahati

..... 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 ..... pleadings abundantly reflect that the petitioner left 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 ..... 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 allegation of cruelty, being the basis .....

Martha Samadhanam David Vs. Sudha

Court : Karnataka

Reported in : AIR1950Kant26; AIR1950Mys26

..... native converts marriage dissolution act, ..... that as hindu law allows polygamy and the accused was a hindu at the time of his second marriage, it is impossible to say that the second hindu marriage is void on account of a previous valid hindu marriage:'it is manifest therefore that the second hindu marriage cannot be rendered void in consequence of a previous marriage which the hindu law would not have recognised, it not having been performed with reference to its ..... 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. ..... stated above, but some difficulty arises in the application of the law when a man or woman of a religion in which polygamy is not allowed embraces a religion in which it is allowed or vice versa and in this revision petition a case of this kind has to be dealt with. ..... 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 high court proceedings, 8th november 1866, 3 m.h.c. ..... proceedings, 8th november 1866, 3 m.h.c. .....

Pakkim Solomon Vs. Chelliah Pillai

Court : Chennai

Reported in : 75Ind.Cas.17

..... 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 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 ..... the respondent changed his religion being converted to ..... 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. ..... second 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. ..... were taken by him to dissolve his marriage, but he then went through a form of marriage with the petitioner, also a christian. ..... the respondent, when a hindu, was married to a .....

Noor Jehan Begum Vs. Eugene Tiscenko

Court : Kolkata

Reported in : AIR1941Cal582

..... . even as 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 ..... the controversy was finally set at rest by the amendment in 1926 of the divorce act of 1869, which provided in section 2, as amended, that:nothing hereinafter contained shall authorize' any court to grant any relief under this act except where the petitioner or respondent profess the christian religion.or to make decrees of dissolution of a marriage except where the parties to the marriage are domiciled in india at the time when the petition is presented.8. ..... conflicts with the personal law of some other community, the matter must be decided according to the rules of justice, equity and good conscience, but he maintains that the right of a woman who has been converted to islam to obtain dissolution of her marriage with an unconverted spouse, has been recognised as the law of india by the courts in this country and that such right can be supported as being both equitable and just.23. it is obvious from their ..... even if it can be held that there has been sufficient compliance with the procedure prescribed by the muslim jurists, the question still requires consideration whether it is the law of india that a convert to islam can obtain dissolution of his or her marriage by following this procedure, on this point mr. .....

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

Court : Supreme Court of India

..... offence. in 1866, native converts marriage dissolution act facilitated divorce for hindus, who had adopted the christian ..... the petitioner-shayara bano, preferred transfer petition (c) no.1796 of 2015, under section 25 of the code of civil procedure, 1908, read with order xxxvi-b of the supreme court rules, 1966, for the transfer of matrimonial case no.1144 of 2015, filed by the respondent-husband (seeking restitution of conjugal rights) pending at allahabad, uttar pradesh, to the principal judge, family court, kashipur, uttarakhand ..... article 335 of the constitution mandates that claims of the members of the dalits and tribes shall be taken into consideration in making appointments to services and posts in connection with affairs of the union or of a state consistent with the maintenance of efficiency of administration ..... equally, while article 16(1) guarantees equality of opportunity for all citizens in matters relating to employment or appointment to any office under the state, article 16(4) enjoins upon the state to make provision for reservation for these sections which in the opinion of the state are not adequately represented in the services under the state ..... . (pages 718 719) douglas, j.this was in the context of service rules being seniority rules, which applied to the income tax department, being held to be violative of article 14 of the constitution of ..... . similarly, again in the context of an article 14 challenge to service rules, this court held in state of 349 mysore v. .....

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 frequently as sincere as conversions to ..... 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 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 there is a ..... gives, as ' it is an axiomatic principle of the vyavahara law that a co-sharer can dispose of his share and that one can dispose of his self acquired property.'11. on the question of conversion to islam of a hindu wife and her marriage thereafter to a mussalman husband during the lifetime of her first husband i shall merely quote a few passages from ameer ali's mahomedan law, vol. ii ..... the second appeal fails and is dismissed with costs of the 6th, 7th, 9th, 11th and 12th respondents (one set).sadasiva aiyar, j.10. ..... in the result, i agree with my learned brother that this second appeal should be dismissed with costs of the respondents nos .....

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 ..... 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. ..... clear that not only the prince is directly affected by the declaration sought, but his whole family, including respondents i and 2 and their descendants, are also affected thereby. ..... for her to establish before the appellate court that the decree of the trial court declaring her to be of unsound mind for a period of three years prior to the presentation of the matrimonial petition was incorrect. ..... 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 .....

Pakkiam Solomon Vs. Chelliah Pillia

Court : Chennai

Reported in : (1923)45MLJ208

..... 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. ..... 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 ..... the respondent changed his religion being converted to ..... 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. ..... second 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. ..... were taken by him to dissolve his marriage, but he then went through a form of marriage with the petitioner also a christian. ..... the respondent when a hindu was married to .....