Absolute Divorce - Law Dictionary Search Results
Home Dictionary Name: absolute divorce Page 1 of about 190 results ( seconds)absolute divorce
absolute divorce see divorce ...
divorce
divorce [Middle French, from Latin divortium, from divortere divertere to leave one's marriage partner, from di- away, apart + vertere to turn] : the dissolution of a valid marriage granted esp. on specified statutory grounds (as adultery) arising after the marriage compare annulment NOTE: The most common grounds for divorce are absence from the marital home, drug or alcohol addiction, adultery, cruelty, conviction of a crime, desertion, insanity, and nonsupport. absolute divorce : a divorce that completely and permanently dissolves the marital relationship and terminates marital rights (as property rights) and obligations (as fidelity) divorce a men·sa et tho·ro [-ā-men-sə-et-thȯr-ō, -Ä -men-sÄ -et-thō-rō] : a separation governed by a court order : legal separation divorce a vin·cu·lo mat·ri·mo·nii [-ā-vi-ky-lō-ma-trə-mō-nē-ī, -Ä -vi-kü-lō-mÄ -trē...
Marriage
Marriage. Marriage as understood in Christendom is the voluntary union for life of one man and one woman, to the exclusion of all others, Hyde v. Hyde, 1866 LR 1 P&D 130. Where a marriage in a foreign country complies with these requirements it is immaterial that under the local law dissolution can be obtained by mutual consent or at the will of either party with merely formal conditions of official registration, and it constitutes a valid marriage according to English law, Nachimson v. Nachimson, 1930, P. 217. Previous to 1753 the validity of marriage was regulated by ecclesiastical law, not touched by any statutory nullity but modified by the Common law Courts, which sometimes interfered with the Ecclesiastical Courts, by prohibition, sometimes themselves decide on the validity of a marriage, presuming a marriage in fact as opposed to lawful marriage. A religious ceremony by an ordained clergyman was essential to a lawful marriage, at all events for dower and heirship; but if in an i...
Decree nisi
Decree nisi. By the (English) Judicature Act,1925, s. 183(1) every decree for a divorce or for nullity of marriage shall, in the first instance, be a decree nisi not to be made absolute until after the expiration of six months from the pronouncing thereof, unless the Court by general or special order from time to time fixes a shorter time.(2) After the pronouncing of the decree nisi and before the decree is made absolute, any person may, in the prescribed manner, show cause why the decree should not be made absolute by reason of the decree having been obtained by collusion or by reason of material not having been brought before the Court, and in any such case the Court may make the decree absolute, reverse the decree nisi, require further inquiry or otherwise deal with the case as the Court thinks fit. Only in special circumstances will the period be shortened. See Osburne v. Osburne, (1926) 70 Sol Jo 388. See Browne on Divorce; Chitty's Statutes, tit. 'Matrimonial Causes.'...
Marriage, Promise of
Marriage, Promise of, need not be in writing, although an 'agreement in consideration of marriage' must be, by s. 4 of the Statute of Frauds. So it was decided, overruling an earlier decision to the contrary, about 200 years ago, and the question does not appear to have been raised since 1717. In early times the spiritual courts enforced specific performance of the promise, and this jurisdiction was not formally abolished until the reign of George II., by 26 Geo. 2, c. 33. In an action for the breach of the promise, the parties were excepted amongst others) from the general abolition of admissibility of parties as witnesses under the Evidence Act,1851, but this exception was removed by the Evidence Further Amendment Act, 1869, under which, however, the plaintiff may not 'recover a verdict' unless his or her testimony be corroborated by some other material evidence in support of such promise. The mere non-answering of a letter is not, however, sufficient corroboration, Wiedman v. Walpol...
Divorce
Divorce [fr. divortium, Lat.], the dissolution of the marriage contract, grantable (after 31st December, 1937) to either a husband or wife under the (English) Matrimonial Causes Act, 1937 (1 Edw. 8 & 1 Geo. 6, c. 51), amending the (English) Judicature Act, 1925, for (a) adultery, (b) desertion for three years preceding petition, (c) cruelty, (d) incurable unsoundness of mind, and, on the wife's petition, for unnatural offences, subject to the statutory provisions. Petitions may not be presented for three years after marriage.Judicial Separation is grantable on any ground available for divorce, or for non-compliance with a decree for restitution of conjugal rights or any former ground for divorce a mensa et thoro (q.v.); divorce may be obtained on proof of facts which have founded a judicial separation or an order under the Summary Jurisdiction Acts, which order may be made for adultery as well as other grounds. See JUDICIAL SEPARATION.Additional grounds for a decree of nullity of marri...
Divorce
A legal dissolution of the marriage contract by a court or other body having competent authority This is properly a divorce and called technically divorce a vinculo matrimonii...
Maintenance-effect on divorce
Maintenance-effect on divorce, if there is no specific provision to the contrary, nothing that there is in the Code of Criminal Procedure will affect any special provision in force, or in other words there being nothing to the contrary the provisions of s. 188 of the Code of Criminal Procedure will have no effect on s. 44 of Divorce Act, James Fredrick Rowland v. M/s. Raynah Rowland Nee Glover, AIR 1959 Cal 703....
Vinculo matrimonii, Divorce a
Vinculo matrimonii, Divorce a. See A VINCULO MATRIMONI and DIVORCE....
Marriage has been dissolved by decree of divorce
Marriage has been dissolved by decree of divorce, Phrase 'marriage has been dissolved by decree of divorce' in s. 15 of the Hindu Marriage Act, 1955 means where the relationship of marriage has been brought to an end by intervention of Court by a decree. This decree will include a decree under s. 11, 12 or 13, Lata Kamat v. Vilas AIR 1989 SC 1477 (1481): (1989) 2 SCC 613: (1989) 2 SCR 137. [Hindu Marriage Act, 1955, s. 15]...
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