Judgment Search Results Home > Cases Phrase: indian divorce amendment act 2001 section 28 amendment of section 52 Page 1 of about 39,753 results (0.623 seconds)

Deepa Raj Kumar Singh Vs. Deepak Kumar

Court : Patna

..... of judgment and decree by the high court passed by the court below. the said provision has been deleted by the indian divorce (amendment) act, 2001. however, the divorce case was filed in 1993 when section 17 of the divorce act, 1869 was in force. the decree was also passed in the year 1988 when the said provision was in force. ..... has also held that there is no such clause in the amendment to show that the legislature had intention to make the amendment retrospective. since the case was governed by indian divorce act, 1869 the court below has referred the judgment and decree under section 17 of the divorce act for confirmation by this court and no party has entered ..... mrs. larley v. mr. john @ johny c.a., 2004 (1) pljr 564 (fb). the full bench while considering section 17 of the divorce act and amendment/deletion of section 17 by amendment act, 2001 has held that it is well settled rule of interpretation that every statute is prima facie prospective, unless it is expressly or by necessary .....

Kuruvilla Varghese Vs. Sapnam Elizabeth Joseph

Court : Kerala

Reported in : AIR2007Ker240

..... the marriage.9. the indian divorce act, 1869 is an act to amend the law relating to divorce and matrimonial causes. by the indian divorce (amendment) act, 2001, the nomenclature of the act has been changed as 'the divorce act, 1869'. the preamble of the act reads thus : 'whereas it is expedient to amend the law relating to the divorce of persons professing the ..... certain courts jurisdiction in matters matrimonial; it is hereby enacted as follows.' cardinal changes were brought about in the act by the indian divorce (amendment) act, 2001. section 10 of the act, before the amendment act of 2001, was as follows:10. when husband may petition for dissolution.--any husband may present a petition to ..... (which is a ground for dissolution of marriage under clause (vii) of section 10 introduced by the indian divorce (amendment) act, 2001, act 51 of 2001 by the substitution of section 10 of the divorce act, 1869) is liable to be dismissed on the ground that the petition was filed twelve years after the .....

Johnson M. Joseph Alias Shajoo Vs. Smt. Aneeta Jhonson

Court : Madhya Pradesh

Reported in : AIR2003MP271; 2003(2)MPLJ48

..... in light of the principles laid down by the supreme court in the above decisions on the meaning of words 'cruelty and desertion'. during pendency of this appeal the indian divorce (amendment) act, 2001 has come into force from 3-10-2001. section 10(1)(x) provides cruelty as a ground for dissolution of marriage. similarly, section 10(1)(ix) ..... cruelty and has also deserted him for more than two years. it is also argued that after the amendment of the indian divorce act in 2001 which has been brought in force on 3-10-2001, the decree for divorce under section 10 of the act should be granted instead, of the decree for judicial separation only. on the other hand it is ..... s.p. khare, j. 1. this is an appeal by the husband under section 55 of the indian divorce act, 1869 (hereinafter to be referred to as the act) against the judgment and decree by which his application under section 23 of the act for judicial separation has been rejected.2. it is not in dispute that plaintiff jhonson m. joseph and .....

Saumya Ann Thomas Vs. Union of India (Uoi)

Court : Kerala

Reported in : 2010(1)KLT869

..... dissolution of marriage may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnised before or after the commencement of the indian divorce (amendment) act, 2001, on the ground that they have been living separately for a period of two years or more, that they have not been able to live together and they have ..... incorporation and insistence of a longer period of mandatory minimum separate residence so far as the persons to whom the indian divorce act applies is discriminatory. what is the justification for such a longer period mandatory minimum separate residence for those to whom the indian divorce act applies; it is queried. it is argued that there is absolutely no principle or reason that justifies insistence on .....

Mrs. Nisha Ribero Vs. Mr. George Mario Ribeiro

Court : Delhi

Reported in : 2004IAD(Delhi)70; 108(2003)DLT48; II(2003)DMC807; 2003(71)DRJ763

..... judge, in purported compliance with the provisions of section 17 of the indian divorce act, 1869, transmitted the records to this court for confirmation of the said decree in terms of the said provisions. however, it is to be noted that parliament enacted the indian divorce (amendment) act, 2001 which received the assent of the president on 24.9.2001 ..... and came into force on 3.10.2001. by virtue of section 12 of the said amendment act of 2001, section 17 was substituted by the following section 17:-'17. ..... may be necessary to enable him to make a decree in accordance with the justice of the case.' the said amendment act also altered the name of the act from 'indian divorce act' to 'divorce act, 1869'. thus, after the amendment, which took effect on 3.10.2001, no confirmation by the high court of a decree of dissolution passed by .....

Choppala Lalitha Kumari Vs. Gogulamudi Bhaskara Rao

Court : Andhra Pradesh

Reported in : 2005(6)ALT628; I(2006)DMC607

..... marriage 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 indian divorce (amendment) act, 2001, on the ground that they have been living separately for a period of two years or more, that they have not been able to live ..... that basically it is the high court which is invested with the matrimonial jurisdiction under the indian divorce act. there is further reason to hold that the high court will always have the jurisdiction under the act because under section 19 of the act, the decree for a declaration that the marriage is null and void can be passed ..... , the counsel for the petitioner re-presented the original petition and stated.' prior to amendment act 51/2001 this hon'ble court has got jurisdiction to deal with the matrimonial cases. in this case, the department issued proceedings to submit decree of divorce after 20 years of service in the department. as per section 8 of the .....

Sri Victor Sebastian S/O Hilari Karkada Vs. Smt. Thorulatha D/O John B ...

Court : Karnataka

Reported in : II(2006)DMC844; ILR2006KAR3097

..... said section reads as under:10. grounds for dissolution of marriage: (1) any marriage solemnized, whether before or after the commencement of the indian divorce (amendment) act, 2001, may, on a petition presented to the district court either by the husband or the wife, be dissolved on the ground that since the solemnization ..... the appellant to the landlord in the. matter. she did not join her husband. the respondent in the light of the amendment to the indian divorce act 2001 filed a petition under section 10(1)(x) of the divorce act 1869 before the learned judge alleging cruelty in the matter. objections were filed. witnesses were examined. the learned judge, after hearing ..... the order of the learned judge. 5. after hearing, we have carefully perused the material placed on record. . an application under section 10(1)(x) of divorce act, 1869 as amended by act of 51/2001 was filed before the civil judge, sr. division, udupi in m.c. no. 24/2002. the respondent-wife alleged in the petition that .....

Mrs. Larley Vs. Mr. John @ Jony C.A.

Court : Patna

..... meantime the petitioner had filed an application (i.a. no. 1070/2003) stating that during the pendency of the reference, section 20 of the act was omitted by the indian divorce (amendment) act, referred to above, and therefore, there is no requirement of confirmation of the decree passed by the court below, and in the circumstances, the ..... s.n. jha, j.1. this is a reference under section 20 read with section 17 of the indian divorce act, 1869, ('the act' for short). section 20 as it stood prior to the indian divorce (amendment) act, 2001 (act 50 of 2001) provided that every decree of nullity of marriage made by district judge shall be subject to confirmation by ..... be held to be prospective unless otherwise provided in the amendment. there is no such clause in the amendment by which section 20 has simply been omitted, that is, deleted from the act. it would thus follow that the deletion of section 20 by the indian divorce (amendment) act, 2001 has no bearing on the present proceeding. the .....

Ajay Pram Vs. Smt. Abha Pram

Court : Rajasthan

Reported in : RLW2005(3)Raj2022

..... marriage may be presented to the district court by both the parties to the marriage together whether such marriage was solemnized before and after commencement of the indian divorce (amendment) act, 2001 on the ground that they have been living separately for a period of two years or more, that they have not been able to live ..... 1. heard learned counsel for the parties and perused the entire material available on the record.2. this appeal under section 36 of the indian divorce act, 1869 (hereinafter shall be referred to as 'the act, 1869') read with section 151 of the code of civil procedure, is directed against the order, dated 24.8.2004 of the ..... pendency of the appeal the parties have settled their dispute and agreed to get their marriage dissolved by a decree of divorce by mutual consent; accordingly they filed a joint application under section 10a of the act, 1869. the compromise entered into between the parties have been attested by the deputy registrar (judicial) under the directions .....

David C. Arumainayagam Vs. Geetha C. Arumainayagam

Court : Chennai

Reported in : I(1995)DMC418

..... inforce in india.para 11 : 'the rules of private international law in this country are not codified and are scattered in different enactments such as the civil procedure code, the contract act, indian succession act, indian divorce act, special marriage act, etc. in addition, some rules have also been evolved by judicial decisions in matters of status or legal capacity of natural persons, matrimonial disputes, custody of children, adoption ..... for dissolution of marriage except where the parties to the marriage are domiciled in india at the time when the petition is presented'.the requirement of indian domicile of the parties was introduced by the amending act 55 of 1926. the statement of objects and reasons appended to the bill shows that as the english courts had held that the power of the .....