Court : Kerala
Reported in : AIR1995Ker252
..... we have already indicated in detail that spouses belonging to all other religions governed by hindu marriage act, 1955, parsi marriage and divorce act, 1936, muslim wives under the dissolution of muslim marriage act, 1939, special marriage act, 1934 and foreign marriage act, 1969 are entitled to get dissolution of their marriage on the ground of cruelty and desertion for the periods fixed by the respective acts. ..... apart from the act, divorce in india is mainly governed by 5 other major acts,namely (1) the hindu marriage act, 1955; (2) the dissolution of muslim marriage act, 1939; (3) the parsi marriage and divorce act, 1936; (4) the special marriage act, 1954 and (5) the foreign marriage act. 1. ..... butspouses married under the special marriage act, hindu, buddhist, sikh and jain spouses governed by the hindu marriage act, 1955, zoroastrian spouses governed by the parsi marriage and divorce act, 1936, muslim wives under the dissolution of muslim marriages act, 1939 are entitled to dissolution of marriage, and not merely judicial separation, on those grounds. ..... the parsi marriage and divorce act, 1936. ..... we may here usefully note that, that was one of the reasons stated by the law commission of india for recommending the acceptance of irretriveable break down of marriage as a ground fordivorce in hindu marriage and divorce act. .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(3)ALLMR404; 2005(4)BomCR147; 2005(2)MhLj1124
..... the petitioners, who are the trustees of the parsi panchayat funds and properties have sought a declaration that the learned presiding judge of the parsi chief matrimonial court at bombay does not have jurisdiction to pass a decree of divorce by mutual consent under the parsi marriage and divorce act, 1936 without seeking aid/assistance from the delegates appointed under the act. ..... -- (1) subject to the provisions of this act, a suit for divorce may be filed by both the parties to a marriage together whether such marriage was solemnized before or after the commencement of the parsi marriage and divorce (amendment) act, 1988, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.provided that no suit under this sub-section shall ..... be filed unless at the date of the filing of the suit one year has lapsed since the date of the marriage. ..... section 32-b was inserted in the said act by the parsi marriage and divorce (amendment) act, 1988. .....
Tag this Judgment!Court : Kerala
Reported in : II(1995)DMC27
..... but spouses married under the special marriage act, hindu, bhuddist, sikh and jain spouses governed by the hindu marriage act, 1955, zoroastrian spouses governed by the parsi marriage and divorce act, 1936, muslim wives under the dissolution of muslim marriages act, 1939 are entitled to dissolution of marriage, and not merely judicial separation, on those grounds. ..... (1) the hindu marriage act, 1955; (2) the dissolution of muslim marriage act, 1939; (3) the parsi marriage and divorce act, 1936; (4) the special marriage act, 1954 and (5) the foreign marriage act.1. ..... the parsi marriage and divorce act, 1936.the above act applies to indian parsis. ..... we have already indicated in detail that spouses belonging to all other religions governed by hindu marriage act, 1955, pasi marriage and divorce act, 1936, muslim wives under the dissolution of muslim marriage act, 1939, special marriage act, 1934 and foreign marriage act, 1969 are entitled to get dissolution of their marriage on the ground of cruelty and desertion for the periods fixed by the respective acts. ..... we may here usefully note that, that was one of the reasons stated by the law commission of india for recommending the acceptance of irretrievable break down of marriage as a ground for divorce in hindu marriage and divorce act. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1970Bom341; (1970)72BOMLR41; ILR1969Bom1043; 1970MhLJ286
..... the assistance of delegates under the parsi marriage and divorce act, 1936. ..... this submission it first requires to be noticed that the parsi marriage and divorce act is special law and enacts procedure for decision of matrimonial disputes. ..... banaji has submitted that under section 47 of the parsi marriage and divorce act, we have jurisdiction to substitute our own findings to the above effect in the place of the ..... is no dispute between the parties that suit no, 45 of 1959 was only for judicial separation; there is no dispute as regards the fact that the acts of cruelty alleged in that suit have been relied upon for the relief qf divorce claimed sn the present suit, as relief of divorce was not claimed in the previous suit, we are unable to hold that the present suit sg in respect of the subject-matter for which the previous suit ..... that in law the plaintiff could not rely upon the previous acts on the ground of estoppel and/or the principles to be found in section 11 and order 23, rule 1 of the code of civil procedure and (2) that the withdrawal was the result of such reconciliation as ended the previous separation and also the animus deserendi, the intention to bring cohabitation permanently to ..... the delegates to hold that the subsequent conduct of the defendant was such as entitled the plaintiff to rely upon her previous acts of cruelty and to prove that the constructive desertion had commenced and continued from before three years prior to the date of the institution of the suit,24-25. .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(4)ALLMR627; 2001(1)BomCR571; (2001)3BOMLR279
..... divorce by mutual consent under section 32b of the parsi marriage and divorce act, 1936 ..... rules made under the parsi marriage and divorce act, 1936.10. ..... 1 and 2 are entitled to a decree of divorce under theparsi marriage and divorce act iii of 1936 as amended?affirmativebut even though this issue is left to the discretion ..... that there are no issues of the marriage and that they have been living separately since november, 1998 and that they have signed the plaint and affidavits voluntarily, without any force, fraud, coercion ..... 1 and 2 were married on 4.2.1997 according to persil zoroastrainrites, customs and ceremonies in bombay under the persil marriage & divorceact iii of 1936 as amended?affirmative(2)whetherthe parties have lived separate and apart since november, 1998?affirmative(3)whetherthe consent of ..... my attention was drawn to rule 12of appendix iv which are rules framed by this court for parsi chief matrimonial court and rule 12 provides thai in respect of any application under the act or under the rules, the judge may receive in evidence and act upon affidavits which are duly sworn and filed. ..... have stated that they have already obtained divorce by the family judge of the probate and family court department and judgment of decree nisi was granted as on 3.4.2000 and it became decree absolute on 21.7.2000.3. ..... however stated in the affidavits why they have filed this suit for divorce by mutual consent, and affidavits being accepted and taken on record in lieu of their oral evidence. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1976Bom246
..... 36 of 1970 for a decree of divorce or in the alternative for a decree of judicial separation and for a permanent alimony against the respondent under the provisions of the parsi marriage and divorce act, 1936 (hereinafter referred to as the said act) in the parsi chief matrimonial court at bombay. ..... since the provision of section 40 of the parsi marriage and divorce act, 1936, are similar to the provisions of section 37 of the indian divorce act, it will be relevant to quote here a few observations which were made by scott, c. j. ..... alimony should belong to her absolutely or should be limited for the period of her life, the court held that the gross sum paid to the wife under the provisions of the said section 37 of the indian divorce act belonged to her absolutely and was not confined to the period of her life. ..... the court by a decree dated 31-3-1971 dissolved the marriage between the parties under section 35 of the said act and granted divorce to the plaintiff-wife on the parties further the court ordered the defendant-husband to pay to the plaintiff-wife on or before the 30th day of april 1971, a lump sum of rs. ..... the relevant observations are as follows:-'the material clause of section 37 of the divorce act is the third. ..... the said decision is on the provisions of section 37 of the indian divorce act. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1983P& H281
..... 1945 bom 537, wherein it is said while considering the implications of section 40 of the parsi marriage and divorce act, 1936 that 'section 40 is based on grounds of public policy and based directly on the principles of not allowing parties whose martial ties are severed to become a burden on the charitable institutions of the community like the parsi panchayat who are really the guardians of poor relief of the community. ..... wife moved an application on september 13, 1979 under section 25 of the hindu marriage act, 1955(for short, the act) for the grant of permanent alimony and as a result thereof she has been granted rs. ..... of the appellant was that as a matter of fact during the pendency of proceedings under section 9 of the act initiated by him, the parties had come to a settlement in the form of an agreement (r.1) whereby the appellant had foregone his rights to claim the custody of the child (admittedly a daughter was born to the parties as a result of their wedlock) and the respondent-wife had relinquished her all rights of maintenance under section 125, cr. p.c. ..... the marriage of the parties to this litigation was dissolved by a decree of divorce on october ..... wife's right to future alimony under section 40 after dissolution of marriage is a matter of public concern which she cannot barter away ..... the act is possessed of enough means or is financially affluent the court may decline to grant maintenance or permanent alimony in her favour at the time of granting of a decree for divorce. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1999SC495; JT1998(7)SC626; 1998(6)SCALE230; 1999(1)LC232(SC)
..... under the parsi marriage and divorce act, 1936, one of the grounds for divorce set out in section 32 is that the defendant has, since the marriage, infected the plaintiff with venereal disease ..... under the indian divorce act, 1869, the grounds for dissolution of a marriage have been set out in section 10 which provides that a wife may petition for dissolution if her husband was guilty of incestuous adultery, bigamy with adultery or of rape, sodomy or ..... that person is suffering from any communicable venereal disease or is impotent so that marriage would be a complete failure or that his wife would seek divorce from him on that ground, that person is under a moral, as also legal duty, to inform the woman with whom the marriage is proposed that he was not physically healthy and that he was suffering from a disease which was likely to be communicated to ..... reference, for instance, may be made to section 13(1)(v) of the hindu marriage act, 1955 which provides as under : '13(1) any marriage solemnized, whether before or after the commencement of this act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party (i) xx xx xx xx (v) has been suffering from venereal disease in a communicable ..... under section 27 of the special marriage act, the party to a marriage has been given the right to obtain divorce if the other party to whom he or she was married was suffering from venereal disease in a communicable .....
Tag this Judgment!Court : Rajasthan
Reported in : I(1999)DMC327
..... the moral obligation of a father to maintain his children who are unable to maintain themselves has since been given statutory recognition by certain personal laws like the hindu adoption and maintenance act, 1956; muslim personal law (shariat) act, 1937; the muslim women (protection of right on divorce) act, 1986; parsi marriage and divorce act, 1936. ..... after the trial court had granted the petition in favour of the appellant and the three children, the husband-respondent divorced the appellant and filed an application seeking modification of the order granting maintenance to the wife and the three children, in view of section 3(1)(b) of the muslim women (protection of rights on divorce) act, 1986 (the act of 1986) which reads as under :'3. ..... -- relating to the effect of the provisions of section 125, criminal procedure code on the 1986 act and the personal law, the following passage:'these provisions of the code remain fully applicable to the muslims, notwithstanding the controversy resulting from the shah bano case and the enactment of the muslim women (protection of rights on divorce) act, 1986. ..... the reason for this axiomatic, in the sense that section 125 is a part of the code of criminal procedure, not of the civil laws which define and govern the rights and obligations of the parties belonging to particular religion, like the hindu adoption and maintenance act, the shariat or the parsi matrimonial act. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1997Bom349; 1997(3)ALLMR504; 1997(4)BomCR551; 1997BomCR(Cri)918; (1997)3BOMLR333; II(1997)DMC407; 1997(3)MhLj602
..... but spouses married under the special marriage act, hindu, buddhist, sikh and jain spouses governed by the hindu marriage act, 1955, zoroastrian spouses governed by the parsi marriage and divorce act, 1936, muslim wives under the muslim marriages act, 1939 are entitled to dissolution of marriage, and not merely judicial separation, on those grounds. ..... but spouses governed by other acts such as special marriage act, hindu marriage act, 1955, parsi marriage and divorce act, 1936, dissolution of muslim marriages act, 1939 are entitled to dissolution of marriage and not merely judicial separation on these grounds. ..... they have further contended that wives, who arc governed by the act, arc also discriminated vis-a-vis wives governed by other statues such as (i) hindi marriage act, 1955 (ii) dissolution of muslim marriages act, 1939, (iii) the parsi marriage and divorce act, 1936, (iv) the special marriage act, 1954, and (v) the foreign marriage act, 1959. ..... but spouses married under the special marriage act, hindu, buddhist, sikh and jain spouses governed by the hindu marriage act, 1955, zoroastrian spouses governed by the parsi marriage and divorce act, 1936. ..... the matrimonial causes act, 1937 were incorporated into the parsi marriage and divorce act in 1937, the special marriage act of 1954 and hindu marriage act, 1955. ..... .....it is high lime that the indian divorce act is brought in line with the hindu marriage act, the parsi marriage act and the special marriage act 1954. .....
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