Court : Mumbai
Reported in : AIR1990Bom299
..... area over which the family court, bombay, exercises jurisdiction; ii) no final opinion is expressed as regards matters matrimonial to which indian divorce act and the parsi marriage and divorce act applies. ..... this discussion made so far leads me to take the following view:--i) all suits and petitions falling under any of the clauses (a) to (f) the explanation to section 7 of the courts act, 1984, excluding matters governed by the indian divorce act, 1869, and parsi marriage and divorce act, 1936; which were cognizable by the high court on the original side, in exercise of jurisdiction under the letters patent, lie to the family court as from 7-10-1989, and the jurisdiction of the high court stands excluded to that extent in relation to the ..... in so far as the parsis are concerned, the matrimonial matters amongst them are regulated by the parsi marriage and divorce act, 1936. ..... therefore, no occasion to fully explore the implications of the enactment of the family courts act in relation to the indian divorce aet and the parsi marriage and divorce act and matter's arising thereunder. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1989Bom353; 1989(1)BomCR515; (1989)91BOMLR154; I(1990)DMC270
..... 42 of the parsi marriage and divorce act 1936 , reads thus:' disposal of joint property - in any said under this act the court may make such provisions in the final decree as it may deem just and proper with respect to property presented ..... 42 of the parsi marriage and divorce act on the ground that (a) the marginal note of the two sections differed because the former spoke of disposal of property' and the latter of ' disposal of joint property' and (b) s. ..... of the parsi marriage and divorce act empowered the court to ,make a provision with respect to 'property ' which may belong jointly to the husband and wife.8. ..... of the parsi marriage and divorce act deals with property presented , at or about the time of marriage. ..... 42 of the parsi marriage and divorce act is the correct construction to place upon the pari materia provision of ..... of the parsi marriage and divorce act . ..... bom lr 750 : air 1954 bom 124, which dealt with a pari materia provision in the parsi marriage and divorce act . ..... of the hindu marriage act and found that the claim of the wife to the said property was on the basis that it was her exclusive property and not property that belonged jointly to husband and wife. ..... of the hindu marriage act deals with 'any property ' presented at or about the time of marriage, which may belong jointly to both the husband and wife. s. ..... of the hindu marriage act empowered the court to make a provision with respect to 'any property' which may belong jointly to both the husband and wife whereas s. .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(4)MhLj149
..... by the government and after scrutiny of the draft notification and obtaining sanction of the government, the impugned notification dated 2-2-2005 was published in the government gazette it is therefore, set out that the contention of the petitioner that no procedure was followed before making any appointment to the post of delegates under the provisions of sections 24 and 25 of the parsi marriage and divorce act, 1936 is not correct.5 ..... government has a legal obligation to make appointment of delegates under section 25 of parsi marriage and divorce act, 1936 for rendering assistance to the court to adjudicate cases arising under the said act. ..... and 2 to immediately re-start the process of election for appointing delegates in the court at pune for complying with the mandatory proceedings as required under section 25 of the parsi marriage and divorce act, 1936 ..... before the district court, pune under the provisions of the parsi marriage and divorce act, 1936 hereinafter referred to as the act. ..... of office, or be desirous of relinquishing his office, or refuse or become incapable or unfit to act or cease to be a parsi, or be convicted of an offence under the indian penal code (45 of 1860) or other law for the time being in force (involving moral turpitude), or be adjudged insolvent, then and so often the state government may appoint any person being a parsi to be a delegate in his stead; and the name of the person so appointed shall be published in the official gazette.the other relevant .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(3)BomCR609
..... by the government and after scrutiny of the draft notification and obtaining sanction of the government, the impugned notification dated 2.2.2005 was published in the government gazette, it is therefore, set out that the contention of the petitioner that no procedure was followed before making any appointment to the post of delegates under the provisions of sections 24 and 25 of the parsi marriage and divorce act, 1936 is not correct ..... government has a legal obligation to make appointment of delegates under section 25 of parsi marriage and divorce act, 1936 for rendering assistance to the court to adjudicate cases arising under the said act. ..... before the district court, pune under the provisions of the parsi marriage and divorce act, 1936 hereinafter referred to as the act. ..... and 2 to immediately re-start the process of election for appointing delegates in the court at pune for complying with the mandatory proceedings as required under section 25 of the parsi marriage & divorce act, 1936 ..... office, or be desirous of relinquishing his office, or refuse or become incapable or unit to act or crease to be a parsi, or be convicted of an offence under the indian penal code (45 of 1860) or other law for the time being in force (involving moral turpitude), or be adjudged insolvent, then and so often the state government may appoint any person being a parsi to be a delegate in his stead; and the name of the person so appointed shall be published in the official gazettethe other relevant section .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1982SC1276; 1982(1)SCALE608; (1982)2SCC544; [1983]1SCR49
..... section 49 of the parsi marriage and divorce act, 1936 provides 'in any suit under this act, the court may from time to time pass such interim orders and make such provisions in the final decree as it may deem just and proper with respect to the custody, maintenance and education of the children under the age of 16 years, the marriage of whose parents is the subject of such suit, and may, after the final decree upon application by petition for this purpose, make, revoke, suspend or vary ..... bhandare has referred to section 49 of the parsi marriage and divorce act, 1936, sections 7 to 17 of the guardians and wards act, 1890 and also section 26 of the hindu marriage act, 1955. mr. ..... this section confers power upon the court to pass such orders as the court deems just and proper with respect to the custody, maintenance and education of the children under the age of 16 years in a case falling under the parsi marriage and divorce act, 1936. ..... desai in this connection has referred to section 49 of the parsi marriage and divorce act, 1937, section 41 and 42 of the indian divorce act, 1969, section 26 of the hindu marriage act, 1955 and section 38 of the special marriage act, 1954 containing similar provisions and he has strongly relied on the decision of this court in rosi jacob v. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1985SC935; 1985(1)SCALE952; (1985)3SCC62; [1985]Supp1SCR704; 1986(1)LC247(SC)
..... under the parsi marriage and divorce act, 1936, section 30 provides that a marriage may be declared to be null and void if consummation of a marriage is from natural causes impossible. ..... it will be noticed here that under the parsi marriage and divorce act also, mutual consent and irretrievable break down of marriage are not grounds of divorce though a decree for judicial separation may be followed by a decree of divorce if the parties have not had marital intercourse for three years or more since such decree or order.6. ..... if the provision; of the hindu marriage act are compared with the provisions of the indian divorce act, it will be seen that apart from the total lack of uniformity of grounds on which decrees of nullity of marriage, divorce or judicial separation may be obtained under the two acts, the hindu marriage act contains a special provision for a joint application by the husband and wife for the grant of a decree of divorce by mutual consent whereas the indian divorce act contains no similar provision. ..... the provisions of the divorce act may now be compared with the provisions of other enactments and laws which provide for decrees of nullity of marriage, divorce and judicial separation. ..... the present petition for declaration of nullity of marriage or judicial separation was filed in 1980 under sections 18, 19 and 20 of the indian divorce act, 1869. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1992Kant372; I(1992)DMC574; ILR1992KAR1233; 1992(2)KarLJ286
..... parsi marriage and its divorce are governed by the parsi marriage and divorce act, 1936.9. ..... coming to the muslim marriages and divorce, they are mostly governed by the personal law of muslims except where divorce is governed by the dissolution of muslim marriages act, 1939.10. ..... of the hm act, if are seen in their setting, leave absolutely no room for doubting that they govern the hindu marriage and the matters relating thereto only including the matter relating to the dissolution of hindu marriage, as provisions of the various other acts, to which we have adverted hereinbefore, when are seen in their setting, have left no room for doubting that they govern matters concerning specified forms of marriages and matters relating thereto including matters relating to divorce of such marriages only.20. ..... 'requirement of the above provision, which is intended by the legislature not to allow a marriage to be dissolved by a decree of divorce by either party to a marriage in a huff and a hurry without allowing even the minimum time needed for making the marriage a success, if cannot be regarded as an absurdity because of the well accepted canons of construction of a statutory provision, has to necessarily relate to a hindu marriage governed by the hm act. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1991All255; I(1991)DMC204
..... 40 of the parsi marriage and divorce act, 1936. ..... in india, long before 1955, when the act was brought into force, such a duty of the husband was given statutory recognition in the indian divorce act, the parsi marriage and divorce act and the special marriage act. ..... we have gone through the objection filed by the appellant before the family court and we do not find any whisper therein as to how and in what manner the appellant altered his position to his detriment by acting upon the alleged representation of the respondent that she would accept rs. ..... any court exercising jurisdiction under the act may, at the time of passing any decree or at any time subsequent thereto, order that the respondent shall pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the respondent's own income and other property, if any, the income and the other property of the applicant ..... 25 of hindu marriage act, 1955 (hereinafter referred to as the act) has increased the maintenance allowance of the wife. ..... 13 of the hindu marriage act is hereby allowed. ..... the appellant had claimed a decree of divorce and had secured it. ..... 13b, which provides for divorce by mutual consent, was inserted into the act by act no. ..... '.admittedly, the second civil judge exercised powers under the act while passing a decree of divorce under s. ..... 13 of the act seeking the dissolution of his marriage. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2007(6)ALT39; 2008(1)AWC318(SC); 2007(5)CTC460; II(2007)DMC755SC; JT2007(12)SC424; (2008)1SCC180
..... the parsi marriage and divorce act, 1936 makes registration of marriages compulsory. ..... so far as christians are concerned, the jammu and kashmir christian marriage and divorce act, 1957 provides for registration of marriages in terms of sections 26 and 37 for registration of marriages solemnized by minister of religion and marriages solemnized by, or in the presence of a marriage registrar respectively.6. ..... the 'assam moslem marriages and divorce registration act, 1935,' the 'orissa muhammadan marriages and divorce registration act, 1949' and the 'bengal muhammadan marriages and divorce registration act, 1876' are the relevant statutes. ..... 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 this constitution subject to their personal law.30. ..... it has been pointed out that christian and parsi marriages are solemnized through compulsory registration according to the applicable statutes. ..... so far as the state of west bengal is concerned, it has been submitted by the learned counsel for the state that on 22.12.2006, changes have been made to the west bengal special marriages rules, 1969, registration of muslim marriages & divorces registration rules and hindu marriage act for the purpose of making marriages compulsorily registrable and providing for consequences for not doing it. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1996Bom204; II(1996)DMC339
..... connection, section 3 of the parsi marriage and divorce act, 1936, provides as follows :--'no marriage shall be valid if - .... ..... the question in relation to section 3 of the parsi marriage and divorce act is considered by our high court in air 1937 bom 392, and it is held therein that the statutory impediment contained in section 3 is one which interferes with the freedom of parties to contract a marriage who are otherwise competent to do so on attaining 18 years by postponing their freedom of action to 21 years; but this does not prevent a personfrom enforcing a contract entered into by the mother on behalf of her by continuing the suit ..... of these provisions of different enactments in respect of the marriages operating in this country, it was argued that by virtue of the amending act 2 of 1978, the marriageable age stood increased in respect of the marriages under the indian christian marriage act and the hindu marriage act and the other provisions of other statutes are not amended, indicating the intention of the legislature to apply the provisions of the amending act 2 of 1978 only qua the marriages governed by those enactments and not other statutes. ..... already taken a view that the marriage, though performed in contravention of the child marriage restraint act, is a valid marriage and can be registered, or, in other words, capable of being registered by the concerned civil registrar, there is no necessity to upset the registration of the marriage of the respondents nos. .....
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