Judgment Search Results Home > Cases Phrase: parsi marriage and divorce act 1936 Court: andhra pradesh Page 1 of about 775 results (0.199 seconds)

M. Vijaya Vs. Chairman and Managing Director, Singareni Collieries Co. ...

Court : Andhra Pradesh

Reported in : I(2002)ACC32; 2002ACJ32; 2001(5)ALD522; 2001(5)ALT154

..... that section 2 of dissolution of muslim marriage act, 1939, section 32 of parsi marriage and divorce act, 1936, section 10 of indian divorce act, 1869, section 13 of hindu marriage act, 1956 and section 27 of the special marriage act, 1955 make incurable veneral diseases of either of spouses a ground for divorce. ..... as it may, under prison laws, see sections 24, 37, 38 and 39 of the prisons act, 1894 (central act 9 of 1894) rules 583 to 653 (chapter xxxv) and rules 1007 to 1014 (chapter lvii) of andhra pradesh prisons rules, 1979, as soon as a prisoner is admitted to prison, he is required to be examined medically and the record of prisoner's health is to be maintained in a ..... right to marriage, right to privacy and right employment ..... air1990bom355 , section 53(1)(vii) of goa, daman and diu public health act, 1985 was challenged as unreasonable and violative of articles 14, 19(1)(d) and 21 of the constitution of india. ..... apart from the epidemic diseases act, 1897 and public health act, there is no legislation in ..... the doctrine of sovereign immunity and good faith clause used to ignore acts of malfeasance and misfeasance on the part ..... 4scr1002 , the division bench judgment of the bombay high court in lucy d 'souza 's case (supra), this court held that section 17(4) of the immoral traffic (prevention) act, 1956 (hereinafter called as 'itp act') which empowers the magistrate to send the rescued women to welfare homes cannot be said to violate articles 14 and 21 of the constitution of india. .....

N. Sarada Mani Vs. G. Alexander and anr.

Court : Andhra Pradesh

Reported in : AIR1998AP157; 1997(6)ALT270

..... the provisions of the act are highly antiquated and had not kept pace with similar enactments like hindu marriage act, 1955; parsi marriage and divorce act, 1936; muslim wives under the dissolution of muslim marriage act, 1939; special marriage act, 1955 and foreign marriage act, 1969 which also confer matrimonial reliefs. ..... to harmonise thus the surviving provision of section 10 for dissolution of marriage, since dissolution of marriage has to be continued as a provision in the indian divorce act, such words in the section which appear to separate the grounds for divorce by dissolution of marriage between husband and wife have to be deleted and the sentences organised to read harmoniously in a manner that common grounds become available to husband and the wife. ..... this is an application filed by the wife under section 10 of the indian divorce act (hereinafter referred to as 'act') seeking divorce on the ground that her husband, the first respondent, is living in adultery with the second respondent and that he treated her with cruelty, beating her and threatening to kill her. .....

Youth Welfare Federation Rep. by Its Chairman, K.J. Prasad Vs. Union o ...

Court : Andhra Pradesh

Reported in : 1996(4)ALT1138

..... . 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 or desertion for the periods fixed by the respective acts, denial of such ground metes out a discriminatory treatment to christian spouses ..... . much more than a century back the act had been modelled upon the then british law - the matrimonial causes act, 1857, but though the law in that country has far advanced doing away with the archaic provisions and instead adopted equality between men and women in matters of marriage and divorce, yet the law in india has remained static throughout all these years and has failed to take note of contemporary development throughout the world ..... . the grounds for divorce proposed in the aforesaid bill are more liberal in nature in tune with the changed social-economic conditions of the community and the prevailing law relating to marriage and divorce available under the special marriage act, 1954 ..... . secondly, with the reasoning that the individuals not willing to submit to the indian divorce act or any other personal law are not obliged to marry exclusively under that law as having freedom to marry under the special marriage act 1954 and having married under the divorce act and accepted the discipline, they were held to be not to be heard to complain of its rigours .....

K. Narasinga Vs. K. Neeraja @ Raji

Court : Andhra Pradesh

..... on the provisions of the hindu marriage act or the hindu adoptions and maintenance act cannot be applied in interpreting the provisions of the special marriages act, 1954, this court should rely on section 40 of the pars.marriage and divorce act, 1936 in interpreting section 25 of the hindu marriage act, 1955, and create a charge ..... submit that the provisions of the civil procedure code can be applied by courts while exercising power under the hindu marriage act; in interpreting the provisions of the hindu marriage act, the provisions of other enactments can be relied upon; section 40 of the pars.marriage and divorce act, 1936 confers power on the court to secure payment of permanent alimony, if necessary, by a charge on the movable and immovable property of the defendant; as the supreme court in rajesh burman5 rejected the contention that the interpretation placed .....

V. Nagabhushanam and ors. Vs. V. Nagendramma

Court : Andhra Pradesh

Reported in : AIR1955AP181; 1955CriLJ1233

..... of the parsi marriage and divorce act and s. ..... section 4 (1) of the madras hindu (bigamy prevention and divorce) act enacts as follows :'4 (1) notwithstanding any rule of law, custom or usage to the contrary, any marriage solemnised after the commencement of this act between a mad and a woman either of whom has a spouse living at the time of such solemnisation shall be void, whether the marriage is solemnised within or outside the state of madras : provided that a man or woman whose marriage has been dissolved by a final order of a court of competent jurisdiction ..... (1) of the madras hindu bigamy prevention and divorce) act, if a person, be it husband or a wife, contracts a second marriage before the expiry of six months of decree 'nisi' (if the divorce is effected by virtue of an order of court) or from the date of actual divorce if it is in accordance with custom or usage such a marriage is rendered void by reason of s ..... of the madras hindu (bigamy prevention and divorce) act requires six months to lapse between the actual divorce or the order of the court as the case may be and the second marriage, to make the second marriage valid. ..... 4 (1) of the madras hindu (bigamy prevention and divorce) act consists in this : while the exception to ..... (1) of the madras hindu (bigamy prevention and divorce) act is repugnant to the provisions of s ..... of the madras hindu (bigamy prevention and divorce) act. ..... 57, indian divorce act does not completely dissolve the tie of the marriage until the lapse of .....

Gogireddy Sambireddy Vs. Gogireddy Jayamma and anr.

Court : Andhra Pradesh

Reported in : AIR1972AP156

..... bigamy prevention and divorce) act, 1949 and the saurashtra prevention of hindu bigamous marriage act, 1950. ..... the very power given to the parliament and the state legislatures to legislate in respect of 'marriage and divorce; infants and minors; adoption; wills, intestacy and succession; joint family and partition all matters in respect of which parties in judicial proceedings were immediately before the commencement of the ..... this led sir gooroodas bannerjee in his tagore law lecture on 'marriage and stridhana' to remark 'the difference between the customary law of marriage and the general hindu law on the subject is no-where so considerable or so ..... parsi marriages though originally polygamous were made monogamous in the year 1865 on the ..... was held that the exclusion of sikh religious trusts from the applicability of the bihar hindu religious trusts act did not offend article 14 of the constitution as the organisation of sikh religious trusts was essentially different from the organisation of hindu religious trusts and the legislature apparently thought that sikh religious trusts did not require the same protections as hindu religious trusts ..... jains and sikhs and (c) all other persons domiciled in india who are not muslims, christians parsis or jews, unless it is proved that such persons would not have been governed by the hindu law or any custom or usage ..... to whom it applies on a line with christians, parsis, jews, nairs and others who are already monogamous. ..... jew or parsi, but who .....

Gajjala Rajeswara Reddy Vs. Gajjala Revathi

Court : Andhra Pradesh

Reported in : 2000(5)ALD124; 2000(5)ALT1; I(2001)DMC171

..... proved or admitted'.in chiranjeevi's cases (supra) a division bench of this court has observed as under:'hindu marriag; act, 1955 - section 13(1)(1-a)- application for divorce filed by husband on the ground of cruelty and desertion on the part of the wife -allegations and counter allegation made by both of the spouses against each other- no love and affection between them -no guarantee that they would be able to live together as husband and wife - in the circumstances the court cannot compel them to live together ..... lalithakumari's case (supra) it was observed as under:'hindu marriage act, 1955 (act 25 of 1955) - section 13(1)(ia) - husband seeking relief of divorce on ground of cruelty by wife - number of instances wherein wife humiliated and insulted husband and treated him most cruelty - wife behaving with her husband in a most inhuman way abusing him on every occasion and humiliating and harassing him in numerous ways - granting relief of divorce by trial court on the ground of cruelty - justified ..... the appellant-husband instituted a petition under section 13(1)(a) of the hindu marriage act, 1955, (for short 'the act'), praying the court to grant decree of divorce by dissolving the marriage with the respondent that had taken place on 28-1-1993 according to the hindu religious rites at zeenath kalyana mantapam, cuddapah, and was consummated- the appellant averred in the petition that the respondent's senior paternal uncle by name obul reddy suggested the appellant to allow the .....

Gurijala Savithri and ors. Vs. Gurijala Venkateswara Rao and ors.

Court : Andhra Pradesh

Reported in : 2006(5)ALD60

..... 1 was performed was purchased about 20 years prior to her giving evidence in 1983.the year of the alleged marriage between the deceased and 1st plaintiff as 'the beginning of 1949' must have been chosen with a view to get over the effect of the madras hindu (bigamy, prevention and divorce) act, 1949 (the act) about which i would make a reference a little later.23. ..... the 2nd defendant prior to 1949, and knowing that they cannot claim a valid second marriage between the deceased and the 1st plaintiff in the later part of 1949, in view of the act, which came into force on 29-3-1949, must have purposely and deliberately alleged that the marriage of the 1st plaintiff took place in the early part of 1949, so that it would not become a bigamous marriage and thereby void as per the provisions of the act.pw3 stated as follows in her ..... rites and rituals by a person with another, who has a spouse living, is void, how can a married man, in the teeth of the act and hindu marriage act, 1955, by the mere act of his long living and cohabiting with another woman, elevate her to the status of his 'wife' by invoking the fiction in the above decisions relied on by the learned counsel for the plaintiffs such presumption, if drawn, would be opposed to public policy and gives scope for making section 10 of hindu marriage act .....

Amarthala Hemalatha Vs. Dasari Balu Rajendra Varaprasad

Court : Andhra Pradesh

Reported in : AIR1990AP220; II(1991)DMC194

..... in england from the middle of the 12th century, the ecclesiastical courts were recognised as having exclusive jurisdiction in matter of marriage and divorce, as that term was then understood and since the church of rome was the supreme ecclesiastical authority in england, the ecclesiastical courts applied the canon law in matrimonial ..... of the special marriage act, but the district judge, delhi dismissed the application on the ground that the parties are governed by the indian divorce act 1869 and not by the special marriage act 1954. ..... causes act 1937 introduced extensive new grounds for divorce, judicial separation and annulment of marriage, and also gave power to the court to pronounce a decree of presumption of death and dissolution of marriage. ..... j.this reference application has come before us under section 17 of the indian divorce act 1869 (hereinafter called the act) for confirmation of the order of lower court in regard to the dissolution of marriage between the petitioner and the respondent.2. ..... the learned judges had to interpret the opening words of section 7 'subject to the provisions contained in this act' and observed that section 7 dealt with matters of substantive law and not adjective law of england and also that as long as there is no prohibition in the indian divorce act 1869 to grant relief, relief could be granted inaccordance with the principles of english statute law as modified from time to time in ..... paul, air 1936 madras 324 consisting of stone and mockett, .....

Md. Nayeem Khan Vs. Union Law Secretary, Government of India, New Delh ...

Court : Andhra Pradesh

Reported in : 2001(5)ALD145; 2001(2)ALD(Cri)438; 2001(4)ALT666; I(2002)DMC686

..... the phrase used in section 3(1)(a) of the muslim women (protection of rights on divorce) act, 1986 is 'reasonable and fair provision and maintenance to be made and to be paid to her' by which the parliament intended to see that the divorced woman gets sufficient means of livelihood after the divorce and that she does not become destitute or is not thrown on the streets without a roof over her head and without any means of sustaining herself and her children. ..... be entitled to- (a) a reasonable and fair provision and maintenance to be made and paid to her within the iddat period by her former husband; (b) where she herself maintains the children born to her before or after her divorce, a reasonable and fair provision and maintenance to be made and paid by her former husband for a period of two years from the respective dates of birth of such children; (c) an amount equal to the sum of mehr or dower agreed to be paid to her at her time of her marriage or at any time ..... thereafter according to muslim law; and (d) all the properties given to her before or at the time of marriage or after the marriage by her relatives or friends or the husbands or any .....