Court : Delhi
Reported in : ILR1982Delhi161
..... (26) 1949 lah 34, it was held that there was no inconsistency between provisions of section 24 of the code and section 8 of the divorce act and that thereforee, a petition pending under the provisions of the divorce act could be transferred to the court of the district judge. ..... (2) petitioner, brought a petition under section 22 read with section 23 of the indian divorce act (hereinafter referred to as an 'act') for a decree for judicial separation on the ground of cruelty, desertion, adultery and bigamy. ..... section 8 of the divorce act is narrower in its operation and does not deal with the situation when a high court wants to transfer a petition under the divorce act to the court of the district judge. ..... section 15 of the code will be destructive to section 23 of the divorce act in case it is held that a petition for judicial separation can be entertained by a court of sub judge which is a court of still lower grade. ..... provisions give an unfettered choice to a petitioner to select any of the district court or the high court for filing petition under section 22 of the act whereas section 15 of the code takes away such choice by making it obligatory to bring such proceedings in the court of lowest grade being that of district court and that section 24 of the code is in conflict with section 8 of the act because section 8 of the act prescribes the mode for transfer of cases by high court from the court of one district judge to another .....
Tag this Judgment!Court : Kerala
Reported in : I(2002)DMC703
..... learned counsel for the petitioner submitted that in view of the extraordinaryjurisdiction conferred on the high court under section 8 of the divorce act, this court isfully competent to entertain the petition under section 10-a of the act as it can be deemedto be a petition filed before the district court and withdrawn to this court foradjudication under section 8 of the act. ..... per section 18 of the indian divorce act (prior to the amendment), ahusband or wife was entitled to present a petition before the district court or beforethe high court praying for a declaration of the marriage as null and void. ..... the important question for consideration is whether a joint petition under section 10aof the divorce act can be entertained before the high court in a pending case filedby one of the spouses for dissolution of their marriage. ..... as per section 10 of the indian divorce act (prior to the amendment), a petition fordissolution of marriage could be filed either before the district court or before thehigh court whereas after the amendment to section 10, a petition for dissolution of marriagecould be filed only before the district ..... as per section 10-a of the divorce act, a joint petition by the husbandand the wife for dissolution of the marriage has to be filed before the district court.section 10-a does not authorise the filing of a joint petition before the high ..... provision for filing a petition beforethe high court under section 10 of the indian divorce act had been deleted by theamendment .....
Tag this Judgment!Court : Kerala
Reported in : II(2002)DMC753
..... sections 4 and 6 of the indian divorce act, 1869. ..... now given to the district court to pass a decree absolute at the first instance itself while the high court can only pronounce a decree nisi at the first instance under section 16 of the divorce act, which has to be made absolute after the expiry of sixmonths from the date of decree, will it be appropriate to relegate the parties to the concerned family court/district court by ordering return of the petitions filed after 3.10.2001 ? ..... to the district court to pass a decree absolute at the first instance itself while the high court can only pronounce a decree nisi at the first instance under section 16 of the divorce act, which has to be made absolute after the expiry of six months from the date of decree, will it be appropriate to relegate the parties to the concerned family court/district court by ordering return of the petitions filed after 3.10.2001?8. ..... 3: 'if there is exclusion, how the petitions under the indian divorce act in which decree nisis have been passed by the high ..... if there is exclusion, how the petitions under the indian divorce act in which decree nisis have been passed by the ..... 4: 'whether the original petitions under the divorce act, pending in the high court, which are at the stage of prior to decree, should be transferred to the concerned family courts/district courts for being ..... and 18 of the indian divorce act, the high court lacks jurisdiction to entertain petitions under sections 10 and 18 of the divorce act .....
Tag this Judgment!Court : Orissa
Reported in : II(2001)DMC550
..... careful consideration of the provisions of the muslim divorce act it would appear that sections 3 and 4 of the said act contain a non obstante clause in general terms. ..... enforcement of the order of maintenance made under section 125 of the code of criminal procedure, 1973 anyway affected on coming into force of the muslim women (protection of rights and divorce) act, 1986? ..... be seen that there is no provision in the muslim divorce act to the effect that sections 125 to 128, cr.p.c. ..... a magistrate on the commencement of the act shall be disposed of by such magistrate in accordance with the provisions of the muslim divorce act subject to the exercising of option under section 5. ..... section 5 of the muslim divorce act gives option to both parties to elect to be governed by the provisions of sections 125 to 128 ..... of any prohibition in the muslim divorce act that any order of maintenance made under section 125, cr.p.c. ..... the muslim women (protection of rights on divorce) act, 1986 (hereinafter referred to as 'the muslim divorce act') has come into force with effect from ..... court of the learned additional sessions judge, sambalpur who by order dated 6.9.1993 set aside the order of the learned magistrate holding that after coming into force of the muslim women (protection of rights on divorce) act, 1986, the order of the learned magistrate is not enforceable. ..... there is also no provision in the muslim divorce act with regard to enforcement of order of maintenance which has already become final under .....
Tag this Judgment!Court : Orissa
Reported in : 2001CriLJ2396
..... careful consideration of the provisions of the muslim divorce act it would appear that sections 3 and 4 of the said act contains a non obstante clause in general terms. ..... enforcement of the order of maintenance made under section 125 of the code of criminal procedure, 1973 any way affected on coming into force of the muslim women (protection of rights on divorce) act, 1986, this is the short question that arises for consideration in this revision filed by a divorced muslim woman.2. ..... may be seen that there is no provision in the muslim divorce act to the effect that sections 125 to 128, cr. p.c. ..... before a magistrate on the com-mencement of the act shall be disposed of by such magistrate in accordance with the provisions of the muslim divorce act subject to the exercising of option under section 5. ..... section 5 of the muslim divorce act gives option to both parties to elect to be governed by the provisions of sections 125 to 128, cr. ..... absence of any prohibition in the muslim divorce act that any order of maintenance made under section 125, cr. p.c. ..... the muslim women (protection of rights on divorce) act, 1986 (hereinafter referred to as 'the muslim divorce act') has come into force with effect from ..... the court of the learned additional sessions judge, sambalpur who by order dated 6-9-1993 set aside the order of the learned magistrate holding that after coming into force of the muslim women (protection of rights on divorce) act, 1986, the order of the learned magistrate is not enforceable. .....
Tag this Judgment!Court : Guwahati
..... 6(h)/ 2000 under section 43 of the indian divorce act, 1869 (hereafter referred to as the divorce act), rejecting his application to allow him to provide child maintenance to the offspring ..... argued that the power of attorney produced before the court does not limit the authority of the attorney to file cases on behalf of the petitioner and to take steps in connection therewith only before the courts in calcutta and that there being no requirement under the gauhati high court rules of all the pages of the petition being signed by the petitioner's attorney, the preliminary objections on the maintainbility are perse untenable. ..... in prescribed form and the petitioner has stood by the statements made in the petition. ..... in the proceeding next held on 22.7.2002 (annexure 8 to the writ petition), the california court upon hearing the rival submissions on the necessity of continuance of the proceedings before it observed that it had the jurisdiction to make orders of child support in the facts and circumstances of the case and expressed in categorical terms that it was not inclined to eliminate the interim support order unless it was satisfied that the child was being maintained by an order ..... the affidavit annexed to the petition has been sworn and signed by the attorney on being identified by the learned ..... and vb dealing with rules governing applications under articles 226 and 227 of the constitution of india also do not prescribe the requirement of signing each and every page of the petition .....
Tag this Judgment!Court : Mumbai
Reported in : 2001(1)BomCR585; (2001)1BOMLR56; I(2002)DMC554; 2000(4)MhLj633
..... the present petitions are all petitions filed under section 10 of the indian divorce act, 1869 for dissolution of the marriage on different grounds. ..... (c) in respect of matters which had arisen under the indian divorce act, 1869 and stand transferred to the family court with effect from 5.5.2000, there shall be no need for the decree of the family court to be confirmed as contemplated under sections 17 and 20 of the indian divorce act. ..... sections 16 and 17 of the indian divorce act, 1869 are relevant for our purpose and they read as under :'16. ..... 5.5.2000), shall continue to be dealt with and disposed of in accordance with the provisions of section 16 of the indian divorce act by being placed before a learned single judge for being made absolute. ..... the anathema of sections 16, 17 and 20 of the indian divorce act is automatically removed.13. ..... , the court shall deal with the case by making the decree absolute, or by reversing the decree nisi, or by requiring further inquiry, or otherwise as justice may demand.the high court may order the costs of counsel and witnesses and otherwise arising from such cause being shown, to be paid by the parties or such one or more of them as it thinks fit, including a wife if she have separate property.whenever a decree nisi has been made .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1959Cal703,1959CriLJ1315,62CWN221
..... it is clear that the husband was trying to delay these proceedings, for his application under section 44 of the indian divorce act was filed long after the institution of the present proceedings against him for maintenance of the daughter.6. ..... section 44 of the indian divorce act entitles the court to make from time to time all such orders and provisions with respect to the custody, maintenance and education of the minor child, the marriage of whose parents was the subject of the decree, or for placing such child under the protection of the said court, as might have been made by such decree absolute or ..... this petition by the husband james fredrick rowland is directed against certain orders of a magistrate before whom a proceeding under section 488 of the code of criminal procedure is pending at the instance of his divorced wife mrs. ..... the petition under section 488 of the code of criminal procedure for the maintenance not of the wife herself, but of a child about 13 years old who is now in england was filed on 23-7-19561 thereafter, the husband, the present petitioner filed a ..... as all the three points raised on behalf of the petitioner fail, the petition must be dismissed and the rule discharged.7. ..... when the learned magistrate, on that order being shown to him, wanted to proceed with the case in spite of the order, this petition was filed on behalf of the husband.2. .....
Tag this Judgment!Court : Chennai
Reported in : II(1992)DMC219; (1992)IIMLJ106
..... in the instant case, the suit filed by the husband has been dismissed by me and hence in my view, the grant of maintenance ordered by me is irregular, section 36 of the indian divorce act provides that the wife may present a petition for alimony pending the suit. ..... pending the suit shall in no case exceed one fifth of the husband's average net income for the three years next proceeding the date of the order, and shall continue ..... alimony pendent lite-in any suit under this act, whether it be instituted by a husband or a wife, and whether or not she has obtained an order of protection, the wife may present a petition for alimony pending the suit.such petition shall be served on the husband; and the court, on being satisfied of the truth of the statements therein contained, may make such order on the husband for payment to the wife of alimony pending the suit as it may deem just;provided that alimony ..... the court on being satisfied of the truth of the statements therein contained, may make such order on the husband for payment to the wife of alimony pending the suit as it may deem just. ..... he is bound to maintain her and in fact she has claimed maintenance in her written statement filed in this suit. 8. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1926Bom169
..... the indian divorce act 1869, was enacted to supplement clause 35 of the letters patent, and section 4 limited the jurisdiction to decree restitution of conjugal rights to cases ..... trial court an issue was raised and the argument turned on the interpretation of section 2 of the indian divorce act, 1869, viz. ..... of that decision is that in the exercise of the matrimonial jurisdiction conferred by clause 35 of the letters patent, or the indian divorce act 1869, the high court had no jurisdiction to give a decree for restitution of conjugal rights in a case where the plaintiff is a christian and the defendant a parsee. ..... that legislation should be undertaken to deal more completely with matrimonial disputes between christians, and it is well known that after a prolonged delay due to the difficulty of determining whether residence or domicile should be the test, the legislature selected the former alternative, and enacted the indian divorce act of 1869. ..... proceeded solely on the basis that the suit was one in the exercise of the 'atrimonial jurisdiction' conferred by clause 35 of the letters patent or by the indian divorce act 1869. ..... that statement of the law it would be difficult to hold that the second marriage was in all times and circumstances ..... unable in the face of the evidence to believe defendant's statement that he did not receive fair treatment. ..... ' the explanation of this statement will be found at page 30 of ..... raymond's statement that there are no 'rabbis' in the strict sense of the word .....
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