Judgment Search Results Home > Cases Phrase: parsi marriage and divorce act 1936 Page 7 of about 28,165 results (0.276 seconds)

Minarani Majumdar Vs. Dasarath Majumdar

Court : Kolkata

Reported in : AIR1963Cal428,67CWN638

..... came to a similar conclusion on the construction of section 40 of the parsi marriage and divorce act, 1936 which authorises the court to direct payment of permanent alimony 'at the time of passing any decree under this act or subsequently thereto'. ..... it may be noted that under the parsi marriage and divorce act, 1935 matrimonial suits may be instituted and decrees may be passed therein and by section 45 of the act the provisions of the code of civil procedure apply to proceedings in the suits instituted under the act. 6. ..... on behalf of the opposite party husband it is urged that since the payment of maintenance under section 25 of the hindu marriage act, 1955 must be limited to the period 'while the applicant remains unmarried', the applicant under the section must satisfy the condition mat she or he is 'unmarried', and as the petitioner has not obtained a decree of divorce or nullity, she is not unmarried, being still the married wife of the opposite party, ana consequently her application under section ..... the heading and the body of the section refer to 'maintenance', 'permanent alimony' and 'payment of periodical sums' which under the english practice are respectively the names of allowances granted after the passing of a decree of divorce or nullity, a decree of judicial separation and a decree for restitution of conjugal rights, see matrimonial causes act, 1950, sections 19, 20 and 22 and rayden on divorce, 8th edition, page 707. .....

Grace Sheela Joseph Vs. P.K. George Vaidian

Court : Kerala

Reported in : AIR1989Ker234

..... the parsi marriage and divorce act, 1936 (act iii of 1936) is concerned with the marriage and divorce among parsis domiciled in this country. ..... the indian christian marriage act (act xv of 1872) and the indian divorce act (act iv of 1869) deal with the law of marriage and divorce for christians. ..... marriages of mohamedans and divorces between them are governed notonly by the shariyat law but also by the dissolution of muslim marriages act, 1936. ..... the remedy provided under the said act can be resorted to for acts and conduct, which took place under the said act only.in the light of the above, we hold that the district judge was justified in dismissing the petition filed by the appellant for divorce of her marriage with the respondent, filed under section 27 of the special marriage act, 1954. ..... if it had been contemplated that parties who have undergone marriage under any of the other enactments mentioned above can sue for divorce under section 27 of the act of 1954, it was wholly redundant for the legislature to have enacted sections 15 and 18 of the act as extracted above. ..... stating that the respondent has committed cruelty and it is impossible for the petitioner to continue the marital relationship, the petitioner filed the petition for divorce of the marriage under section 27 of the act. .....

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 .....

Mallar Mukherjee Vs. Ruby Mukherjee

Court : Kolkata

Reported in : 2004(2)CHN26

..... in the said case it was held that though under section 36 of the divorce act, 1869 and under section 39 of the parsi marriage and divorce act, 1936 maintenance pendente lite could be awarded to the extent of 1/5th of the husband's net monthly average income in section 24 of the hindu marriage act, 1955 no such ceiling has been fixed. ..... the legislature in its discretion has not fixed any guideline in this regard as in the case of indian divorce act or the parsi marriage and divorce act and here we are always to be guided by the wide discretion vested by the statute on the court itself.'mr ..... mukherjee has also pointed out to me that in terms of the provisions of section 21b of the hindu marriage act the court is to dispose of the matter within the time limit stipulated therein and the said provision is applicable both to appeal and the petition under order 9 rule 13 of the code of civil procedure. ..... 17/96 was for declaration that the marriage is subsisting and also for restitution of the conjugal rights under section 9 of the hindu marriage act. ..... mitra tries to impress upon me that it is the consistent case of the wife that the marriage is subsisting and she is still the wife of mallar mukherjee. ..... 73/96 was for declaration that the marriage is subsisting and that the court failed to understand as to why two suits were instituted for the same declaration by the ..... 17/96 and it appears that the said suit was actually under section 9 of the hindu marriage act for restitution of conjugal rights .....

Rina Sen Vs. Aloke Kumar Sen

Court : Kolkata

Reported in : II(1994)DMC525

..... even though under section 36 of the divorce act, 1869 and under section 39 of the parsi marriage and divorce act, 1936 such maintenance pendente lite could be awarded to the extent of 1/5th of of the husband's net ..... legislature in its discretion has not fixed any guideline in this regard as in the case of indian divorce act or the parsi marriage and divorce act and here we are always to be guided by the wide discretion vested by the statute on the court ..... it has, however, not been disclosed before the trial court nor before us as to what the other different deductions were about and even when we wanted to know of the learned advocate for the husband opposite party his current pay with different break ups about deductions, that was not produced before us, even ..... the petition for divorce filing by the husband he contended that he has been living in a joint mess with his eldest brother, sister-in-law, niece and widow mother but the wife did not like to stay in a joint mess with them and insisted on his ..... the trial court, however, would be entitled to pass such further directions as may be deemed just and proper in case husband has not carried out the directions as contained in the order dated 2-4-1993, as it stands ..... in section 22 of the hindu marriage act, 1955 no such ceiling has ..... it has also transpired that the mother is living with his eldest brother and according to the own pleadings of the husband, the eldest brother a highly placed person, fit enough to look after the mother for all .....

Mst. Zohara Khatoon Vs. Mohd. Ibrahim

Court : Supreme Court of India

Reported in : AIR1981SC1243; 1981(1)SCALE370; (1981)2SCC509; [1981]2SCR910

..... , the hindu law or the parsi marriage and divorce act, 1936, contemplate only a dissolution of marriage on certain grounds brought about by one of the spouses in a court of law.20. ..... in these circumstances the high court was not at all justified in taking the two separate clauses 'who has been divorced' and 'has obtained a divorce from her husband' conjunctively so as to indicate a divorce proceeding from the husband and the husband alone and in not treating a dissolution of marriage under the 1939 act as a legal divorce. ..... in taking this view, the high court obviously seems to have been guided by the consideration that a dissolution of marriage brought about at the instance of the wife under the 1939 act does not amount to a divorce by the husband under the mahomedan law and hence the second limb of clause (b) also does not apply. ..... we might further add that our conclusion that the second limb of clause (b) of the explanation to section 125 applies also to a situation, where a dissolution of marriage resulting in a decree for divorce brought about by the act and at the instance of the wife, is fortified and reinforced by the language of clause (c) of sub-section (3) of section 127 under which maintenance cannot be cancelled on the application of the husband unless the wife voluntarily surrenders her rights to maintenance or relinquishes the same and not otherwise. .....

Rajat Gupta vs.rupali Gupta

Court : Delhi

..... petitioner/wife filed an application for fixing maintenance under section 40 of the parsi marriage and divorce act, 1936, a single judge of the bombay high court in pirojshah bharucha (supra) was called upon to decide as to whether the consent agreement arrived at between the parties either before or after dissolution of the marriage, would be binding on the wife and whether such an agreement could be treated as contrary to public policy and lastly, whether the court will recognize such an agreement where it ..... going by the language used in section 13b(2) of the act, the supreme court clarified that one of the parties may withdraw their consent at any time before passing of the decree of divorce and unless there is a complete agreement between the husband and wife for dissolution of the marriage and unless the court is completely satisfied that a free consent has been given by both the parties, a decree of divorce by mutual consent cannot be granted.30. interlinked with the ..... the provisions of this act a petition for dissolution of marriage by a decree of divorce 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 marriage laws (amendment) act, 1976 (68 of 1976), 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. .....

Sharda Vs. Dharmpal

Court : Supreme Court of India

Reported in : AIR2003SC3450; 2003(3)ALLMR(SC)331; 2003(3)ALT41(SC); 2003(2)AWC1534(SC); 2003(2)BLJR1420; 2003(2)CTC760; I(2003)DMC627SC; [2004(1)JCR98(SC)]; JT2003(3)SC399; 2003(2)KLT243

..... 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. ..... speaking for a division bench in birendra kumar biswas (supra) in a case under section 19 of the divorce act for recession of marriage contract on the ground of existence of syphilis in one party to marriage after taking into consideration a large number of decisions observed:'in these circumstances, we must hold that there has not been that full investigation of the case which the gravity of the ..... from leading any evidence with respect to the fact which the law says that to be the conclusive proof of legitimacy and paternity of child covered by section 112 of evidence act, except by showing that during the relevant periods of time as referred to in section 112 the parties to the marriage had no access to each other, and the allowing of medical test to test the blood group to determine paternity would run counter to the mandate of article ..... section 13(1)(iii) of the act provides that a party to the marriage may present a petition for dissolution of marriage by a decree of divorce inter alia on the ground that the other party has been incurably of unsound mind and has been suffering continuously or intermittently from mental disorder of such a kind that the petitioner cannot reasonably be expected ..... marriage act, 1956 and section 27 of the special marriage act, 1954 make incurable venereal diseases of either of spouses a ground for divorce .....

P.E. Mathew Vs. Union of India (Uoi)

Court : Kerala

Reported in : AIR1999Ker345

..... it is further submitted that a decree for dissolution of marriage among hindus, budhists, sikhs and jains under the hindu marriage act, 1955, among the parsis under the parsi marriage and divorce act, 1936 and among the muslims under the dissolution of muslim marriages act, 1939 are made by the district courts and under the last mentioned act even by courts of lower rank and all such decrees operate with the fullest efficacy without any confirmation from the high ..... the law commission of india, in its report on the law relating to marriage and divorce amongst christians in india, in paragraph 79 at page 40, observed as follows ..... full bench also hoped that the judgment will have a compelling effect on the central government in finalising its proposal for introducing comprehensive reform in the law governing marriages and divorce among christians in india.7. ..... two original petitions raise the same question with regard to the validity of section 17 of the indian divorce act, 1986 (hereinafter referred to as 'the act') which says that a decree for dissolution of marriage passed by a district judge has to be confirmed by a three-judge bench of the high court ..... bench also held that section 7 does not incorporate the statutes of some other country as part of the law of this land; it merely makes a provision for conforming to the practice and principles of the matrimonial courts in england in the matter of divorce or dissolution of marriage subject to the provisions and the scheme of the act.11. .....

Sachindra Nath Biswas Vs. Sm. Banamala Biswas and anr.

Court : Kolkata

Reported in : AIR1960Cal575,64CWN225

..... under the indian divorce act, 1869, the parsi marriage and divorce act, 1936 raid the special marriage act, 1954, the wife alone is entitled to claim alimony. ..... in the exercise of judicial discretion, expressly vested in courts of law under section 25(1) of the hindu marriage act, a judge should, unless there be very special grounds, leave a wife, divorced on the ground of proved unchastity or adultery, to the resources of her immorality and deny her the lawful means of support, by passing a decree for maintenance in her favour.14. ..... alleging that banamala was living in adultery with the said priyanath, the appellant filed a petition, under section 13(1) of the hindu marriage act 1955, claiming that his marriage with banamala be dissolved by a decree of divorce.4. ..... in our opinion, such a meeting place of law and morality is section 25 of the hindu marriage act or for the matter of that section 18 of the hindu adoption and maintenance act. ..... 'in our opinion the word respondent is used in section 25(1) of the hindu marriage act, 1955, not in the orthodox sense in which the word is generally used in matrimonial cases, but in the sense of an opposite party to a petition or as stroud says 'defendant to a petition'. ..... the power of the court regarding custody and maintenance of minor children is contained in section 26 of the hindu marriage act, which we quote below:'26. .....