Judgment Search Results Home > Cases Phrase: divorce act 1869 section 48 suitson behalf of lunatics Page 1 of about 32 results (0.054 seconds)

Kaushalya Singha Vs. Anil Kumar Singha

Court : Delhi

Reported in : ILR1982Delhi161

..... 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 ..... 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 ..... the provisions of section 24 of the code can co-exist and are not destructive of the provisions of section 8 of the divorce act. ..... 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 ..... 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 .....

Sherly Thomas Vs. Johny

Court : Kerala

Reported in : I(2002)DMC703

..... consideration is whether this court (high court) can pass anorder dissolving the marriage between the petitioner and the 1st respondent on theirmutual consent under section 10-a of the divorce act when the statute says that thepetition has to be filed before the district court. ..... for both the parties submitted that the provision fordissolution of the marriage by mutual consent under section 10a of the divorce act isexactly similar to section 13b of the hindu marriage act except regarding the period ofliving separately and as such the principle laid down in those cases under section 13b of thehindu marriage act can be safely adopted. ..... 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 ..... 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. ..... cmp 53500/2001 was filed under section 10aof the divorce act by mutual consent of both the husband and the wife for ..... conferred jurisdiction to the district court for entertaining a joint petitionunder section 10-a of the divorce act for dissolution of marriage on mutual consent. 6. .....

Suo Motu Reference in the Matter of Divorce Act

Court : Kerala

Reported in : II(2002)DMC753

..... . 51 of 2001 has left untouched sections 4 and 6 of the indian divorce act, 1869 ..... . 7: 'considering the wider powers 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 ..... considering the wider powers 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 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. ..... . even prior to the enactment of the indian divorce act, 1869, the high courts in india exercised jurisdiction in matrimonial matters under the enabling provisions of the high courts act and the provisions of the letters patent establishing the high court .....

Shamshad Begum Vs. Md. Noor Ahmad Khan

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. ..... 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 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. ..... 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? ..... 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 .....

Shamshad Begum Vs. Md. Noor Ahemad Khan

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. .....

Paul Tushar Biswas Vs. Addl. Dist. Judge and anr.

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, timothy ..... the court at shillong, the only forum competent in law to entertain the prayer for child support/maintenance, in view of section 43 of the divorce act, so as to oust the jurisdiction of any other court including the superior court of the state of california as asserted on behalf of the petitioner? ..... paul in her reply 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 ..... section 4002(a) empowers a county to proceed on behalf of the child to enforce its right of support against ..... of the contents of the special power of attorney as a whole, however, in my view, does not lead to the conclusion that the petitioner had limited his attorney's authority to act on his behalf in the court at calcutta alone. ..... reveals that the letter was authorized, amongst others, to act, appear and defend and to take all necessary steps in the court of law on his behalf and under her signature. ..... no material, whatsoever, has been produced on behalf of the petitioner to demonstrate that the above statutorily prescribed essentials .....

Maria Sera Pinto Vs. Milton Dias

Court : Mumbai

Reported in : 2001(1)BomCR585; (2001)1BOMLR56; I(2002)DMC554; 2000(4)MhLj633

..... present petitions are all petitions filed under section 10 of the indian divorce act, 1869 for dissolution of the marriage on different ..... 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. ..... been placed before us at the direction of the hon'ble chief justice for a decision as to whether the procedure contemplated under section 16 of the indian divorce act, 1869 of confirmation of a decree nisi made by the high court on its original side is still required in view of the coming into force of the family courts act, 1984. ..... 1869- consequently, the high court look the view that there was no necessity for a confirmation under section 17 of the indian divorce act, 1869 ..... sections 16 and 17 of the indian divorce act, 1869 are relevant for our purpose and they read ..... that there are about 200 other similar matters where decree nisi has already been made by a learned single judge of this court in exercise of powers under section 16 of the indian divorce act, 1869. ..... view taken was that the jurisdiction under the indian divorce act, 1869 was exercisable by the high court on the original ..... none of the proceedings under the indian divorce act, 1869 which were pending before this court was legally held transferable to the family court for a period of nine years from 1991 (kanak mehta) to .....

James Fredrick Rowland Vs. Raynah Rowland Nee Glover

Court : Kolkata

Reported in : AIR1959Cal703,1959CriLJ1315,62CWN221

..... the first point raised on behalf of the petitioner is that in view of section 1 (2) of the code of criminal procedure the proceeding under section 488 of the code of criminal procedure cannot go on because of the provisions of section 44 of the indian divorce act. ..... 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. ..... there is nothing here even to suggest that the proceedings under section 44 of the indian divorce act will have any effect on the proceeding under section 488 of the code of criminal procedure.4. ..... it is argued that this means that in view of section 44 of the indian divorce act, section 488 of the code of criminal procedure is inapplicable to persons to whom the indian divorce act applies. ..... that court passed an interim order under section 44 of the indian divorce act directing the petitioner not to proceed with this proceeding under section 488 of the 'code of criminal procedure. ..... the clear meaning of this part of sub-section (2) is that if there is no specific, provision to the contrary, nothing that there is in the code of criminal procedure will affect any special provision in force, or in other words, there being nothing to the contrary the provisions of section 188 of the code of criminal procedure will have no effect on section 44 of the indian divorce act. .....

Winfred Dhanraj Samuel Vs. Betsy Ratnakumari

Court : Chennai

Reported in : II(1992)DMC219; (1992)IIMLJ106

..... the husband filed an appeal before this court stating that permanent alimony can be granted under the indian divorce act only under section 37 of the act and that the circumstances, justifying such a grant have not arisen in that case, the suit for dissolution of marriage having been dismissed. ..... thus, it is seen that the court has power to grant maintenance pending suit under section 36 of the indian divorce act and has power to order maintenance under section 37 of the indian divorce act only when a decree is made absolute declar- ing the marriage to be dissolved, or on any decree of judicial separation obtained by the wife.13. ..... 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. ..... the conditions precedent to satisfy the requirements of section 37 of the indian divorce act are two fold :(i) there must be a decree absolute declaring the marriage to be dissolved and(ii) a decree of judicial separation obtained by the wife;11. ..... it is therefore clear from the above two provisions that what is contemplated under section 37 of the indian divorce act is materially different from the language used in section 25 of the hindu marriage act. ..... this is the distinction, i am able to see between section 25 of the hindu marriage act and section 37 of the indian divorce act.20. .....

Bachel BenjamIn Vs. BenjamIn Solomon Benjamin

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 between ..... the trial court an issue was raised and the argument turned on the interpretation of section 2 of the indian divorce act, 1869, viz. ..... the true effect 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 ..... the case 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. ..... 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. ..... an examination of the judgment will show that the court first considered the provisions of the indian divorce act, and then pointed out that the high court had such matrimonial jurisdiction as was conferred by the letters patent, or as was exercised by the supreme ..... in other communities in this country divorce is possible by act of the parties themselves, or is practically unknown owing to the existence of poly .....