Judgment Search Results Home > Cases Phrase: indian divorce amendment act 2001 section 28 amendment of section 52 Court: punjab and haryana Page 1 of about 6,522 results (0.354 seconds)

Miss Shireen Mall Vs. John James Taylor

Court : Punjab and Haryana

Reported in : AIR1952P& H277

..... this point because though under section 7 of the indian divorce act a marriage can be dissolved on the ground that the husband has deserted the wife without reasonable cause for two years and upwards this desertion must be coupled with adultery, yet under the rules and principles on which the court for divorce and matrimonial causes in england acts it is & good ground for dissolution of a marriage under section 2 of the english matrimonial causes act, 1937 which amended section 176 of the english supreme court of judicature (consolidation) act, 1925. if the husband has deserted the wife .....

Renu and ors. Vs. State of Haryana and anr.

Court : Punjab and Haryana

Reported in : 1991CriLJ2049

..... petitioners have sought quashment of the fir and investigation connected therewith on the ground that as per allegations in the complaint, offence under section 498a was allegedly committed prior to the year 1983 and that the provisions of section 498a, ipc having been inserted vide criminal law (second amendment) act no. 46 of 1983 which came into force with effect from 25-12-1985, the petitioners are not liable for that offence. it is also maintained that the allegations of entrustment of alleged dowry being vague, ..... rani kept on troubling her and ultimately she was turned out about six years prior to the filing of the complaint. the complaint was filed on 7-1-1988. thereafter, ashok kumar petitioner filed a petition for divorce under section 13 of the hindu marriage act levelling false allegations to the effect that raj rani was incapable of giving birth to a child. this application was subsequently got dismissed in may 1988 as withdrawn after dr. prem lata, lady doctor, opined that .....

Manjit Kaur Vs. Gurdial Singh Gangawala

Court : Punjab and Haryana

Reported in : (1977)79PLR574

..... therein under the hindu marriage act as amended by the amending act. on the basis of the provisions of s. 39 of the amending act referred to above, learned counsel argued that it was not necessary for the respondent to have his earlier petition for judicial separation dismissed, he could convert it by amendment into a petition for divorce and continue it under s. 39 of the amending act and therein claim the relief which was not available to him under the pre--amended principal act. learned counsel for the respondent referred ..... , they should be applied to proceedings under the act by virtue of s. 21 thereof. it was added that the provisions are quite just and proper from the point of view of the parties and are quite essential from the point of view of due despatch of work of civil courts. i am in respectful agreement with every word of the judgment of the division bench of the mysore high court in the above respect. no judgment of any indian high court to the contrary has been cited by .....

Mst. Gurdev Kaur Vs. Sarwan Singh

Court : Punjab and Haryana

Reported in : AIR1959P& H162

..... ground why the relief should not be granted then the court has to decree such relief.7. the indian divorce act 1869 as amended contains identical provisions with regard to restitution of conjugal rights, section 32 of that act is the same as sub-section (1) of section 9 of the hindu marriage act. section 33 of the indian divorce act is equivalent to sub-section (2) of section 9 of the other act. the only difference is that in section 33 of the divorce act the words, 'or for divorce' do not occur.under the indian divorce act, the point which is under consideration does not seem to have arisen in any .....

Archna Sharma Vs. Suresh Kumar Sharma

Court : Punjab and Haryana

Reported in : I(1995)DMC133; (1994)108PLR702

..... judicial separation, but the said letters seem to have been made a part of the petition when the petition for judicial separation was converted into a petition for divorce on july 7, 1976. in para 29 of the said judgment, it was noticed that the letters were written before the amendment of the act and before the petition for judicial separation was allowed to be converted into a petition for divorce. it is specifically stated in the concluding portion of the para that those facts were also part of the pleadings and could be made basis for the relief ..... sections 146 to 153 of the indian evidence act and, therefore, the trial court ought not to have allowed those questions in cross-examination. in any case, if the trial court has not exercised its power at the time when the questions were asked the same cannot be made the basis for grant of relief to the husband. in other words, the respondent-husband cannot claim a decree of divorce on facts i.e. alleged acts of cruelty which were never .....

Sathir Singh and ors. Vs. Rajbir Singh

Court : Punjab and Haryana

Reported in : AIR1954P& H274

..... es should ordinarily be decided by a judge sitting alone and item (xviii) reads:'(xviii) a proceeding of a civil nature under a special act of the imperial or local legislature coming before the court in the exercise of its original jurisdiction, e.g., under the indian trusts act, 1882, the indian companies act, 1913, the inventions and designs act, the indian divorce act, the indian succession act, or the guardians and wards act.'it is, however, to be noted that in this clause only the words 'original jurisdiction' are used, which obviously cover either ordinary ..... fort william in bengal, which was apparently in force in the punjab before the guardians and wards act came into force. this act was amended by act 13 of 1888 and act 25 of 1899 which do not contain anything relevant to the discussion. the later punjab courts acts, 3 of 1914 and 6 of 1918 do not alter the situation.10. then comes the guardians and wards act (8 of 1890) which, as i have said, clearly makes a district court the .....

Commissioner of Income-tax, Punjab Vs. Shiwalik Talkies Ltd.

Court : Punjab and Haryana

Reported in : [1967]63ITR83(P& H)

I. D. DUA J. - These three income-tax references (I.T.Rs. Nos. 2, 3 and 5 of 1962) are being disposed of by the same judgment because they raise one common question, and indeed arguments have only been addressed in I.T.R. No. 5 of 1962, it being conceded at the Bar that the decision in this case would govern the other two cases as well.The learned counsel for the Commissioner of Income-tax had read out to us the statement of the case from the paper-book relating to I.T.R. No. 5 of 1962 arising out of the assessment of M/s. Shiwalik Talkies Ltd., Nangal Township, for the assessment year 1953-54. The assessee is a private limited company and during the relevant accounting period ending March 31, 1953, there was litigation in the High Court among its directors. Some of the shareholders during that controversy filed an application under section 153C of the Indian Companies Act, 1913, questioning the appointment of some of the directors of the assessee-company. It is observed in the stateme...

Present : Mr.J.S.Bedi Advocate Vs. Anita Chaudhary

Court : Punjab and Haryana

..... and integrity of this document cr-3130-2013 (o&m) :27. : above, it is crystal clear that no such ground of irretrievable breakdown of the marriage is provided by the legislature for granting a decree of divorce. this court cannot add such a ground to section 13 of the act as that would be amending the act, which is a function of the legislature.11. learned counsel for the appellant has stated that this court in some cases has dissolved a marriage on the ground of irretrievable breakdown . in our opinion, those cases have ..... registrar of marriages that his intention was to retain d-249, defence colony, new delhi, as his permanent home. in view of this declaration before an authority functioning under the hindu marriage act strong evidence was required from the husband to say that he had abandoned the indian domicile which is suggested by the name he bore, a name which would be borne by a person born in india. there was no evidence that a canadian passport had been acquired by the husband. .....

R.K. Bansal Vs. Mrs. Anjana Kumari

Court : Punjab and Haryana

Reported in : (1994)107PLR84

..... anjana kumari to compensate for the marriage expenses and dowry articles;(c) both the parties shall approach the district magistrate, faridabad, seeking withdrawal of the proceedings pertaining to a case registered at police station hodal under sections 498a and 406, indian penal code, per f.i.r. no. 249 dated 27.10.1990. a reference would also go to the district magistrate from this court seeking withdrawal of the said case. the parties shall bear their own ..... the award of ,the referee is non est., and that the marriage could only be dislloved by a decree of divorce on a petition presented to the matrimonial court by either of the spouses and on establishing any of the grounds mentioned in section 13 of the act.4. the act came into force on may 18, 1955. it amends and codifies the law relating to marriage among hindus. section 4 gives over-riding effect to the provisions of the act. it abrogates all the rules of law of marriage hitherto applicable to hindus, whether by viture of any text .....

Joginer Singh Vs. Pushpa

Court : Punjab and Haryana

Reported in : AIR1969P& H397

..... by way of other remedy available under the statute and becomes final can its validity be questioned or can it be said to be a nullity in proceedings for divorce under section 13(1)(ix) of act 25 of 1955 (since omitted by the hindu marriage (amendment) act, 1964 (act 44 of 1964) which inserted section 13(1a) in the act)? this is how this case has come before the present bench a further question was raised on the side of the appellant that the decree for restitution of conjugal rights ..... admiralty ecclesiastical and probate jurisdictions exist. only in the case of the high courts this distinction has been brought in by the letters patent. if a reference is made to the letters patent of any high /court constituted before the indian independence act, the position is this. so far as the presidency high courts are concerned they exercise civil. criminal, admiralty, vice-admiralty, testamentary, intestate and matrimonial jurisdictions, whereas the other high courts exercised all the said .....