Limited Divorce - Law Dictionary Search Results
Home Dictionary Name: limited divorce Page: 4 Page 4 of about 213 results (0.004 seconds)Iddat period
Iddat period, means in the case of a divorced woman,--(i) three menstrual courses after the date of divorce, if she is subject to menstruation; and(ii) three lunar months after her divorce, if she is not subject to menstruation; and(iii) if she is enceinte at the time of her divorce, the period between the divorce and the delivery of her child or the termination of her pregnancy, whichever is earlier. [Muslim Women (Protection of Rights on Divorce) Act, 1986 (25 of 1986), s. 2 (b)]...
alimony
alimony [Latin alimonia sustenance, from alere to nourish] 1 : an allowance made to one spouse by the other for support pending or after legal separation or divorce compare child support alimony in gross : lump sum alimony in this entry alimony pen·den·te li·te [-pen-den-tē-lī-tē, -pen-den-tā-lē-tā] : alimony granted pending a suit for divorce or separation that includes a reasonable allowance for the prosecution of the suit called also temporary alimony lump sum alimony : alimony awarded after divorce that is a specific vested amount not subject to change called also alimony in gross per·ma·nent alimony : alimony awarded after divorce which consists of payments at regular intervals that may change in amount or terminate (as upon the payee's remarriage) tem·po·rary alimony : alimony pendente lite in this entry 2 : means of living, support, or maintenance [fathers and mothers owe to their illegitimate children ...
A mensa et thoro
A mensa et thoro. (From table and bed.) A term used to describe a partial divorce, in cases in which the marriage was just and lawful, but for some supervenient cause, such as the commission of adultery or cruelty by the husband or wife, it became improper or impossible for them to live together. This divorce was effected by sentence of the Ecclesiastical Court. It caused the separation of the husband and wife, but did not dissolve the marriage, so that neither of them could marry during the life of the other.A decree of judicial separation has been substituted for this kind of divorce by the Matrimonial Causes Act, 1857 (20 & 21 Vict., c. 85), s. 7, now repealed and replaced by the Judicature Act, 1925, s. 85. See MATRIMONIAL CAUSES; DIVORCE...
Court
Court, compensation officer appointed under (English) Bihar Land Reforms Act, 1950 is not a 'Court' within the meaning of s. 195(1)(b) of the Code of Criminal Procedure Code 1973, Keshab Moroyan Banerjee v. State of Bihar, AIR 2000 SC 485 (490). [Bihar Land Reforms Act (30 of 1950), s. 19]Court, means the principle civil court of original jurisdiction in a district and including the High Court in exercise of the ordinary original civil jurisdiction, having jursidiction to decide the questions forming the subject matter of suit, but does not incude any civil court of a grade inferior to such civil court or any court of small causes.S. 2(*) Arbitration and Conciliation Act, 1996, Raipur Development Authority v. Sarin Construction Company, Raipur, AIR 2006 Chattisgarh 12.The tribunal which is to exercise the jurisdiction for executing the decree in question is 'a court' within the scope of s. 45C of the Banking Companies Act, Ram Narain v. Simla Banking and Industrial Co. Ltd., AIR 1956 S...
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...
Matrimonial causes
Matrimonial causes, suits for the redress of injuries respecting the rights of marriage. They were formerly a branch of the ecclesiastical jurisdiction, but were transferred to the jurisdiction of the Court for Divorce and Matrimonial Causes (now a branch of the High Court of Justice) by 20 & 21 Vict. c. 85.'Matrimonial cause' now means any action for divorce, nullity of marriage, judicial separation, jactitation of marriage or restitution of conjugal rights. (Judicature Act,1925, s. 225)See CONJUGAL RIGHTS; DIVORCE; NULLITY; ADULTERY; MARRIAGE; JUDICIAL SEPARATION; HUSBAND AND WIFE; and ASSIZES; and consult Browne and Latey on Divorce...
A vinculo matrimonii
A vinculo matrimonii. (From the bond of wedlock). It was a total divorce obtained from the Ecclesiastical Court on some canonical impediment existing before marriage and not arising afterwards, for the marriage was declared void, as having been absolutely unlawful ab initio, and the parties were therefore separated pro salute animarum (for the safety of their souls), the issue (if any) were illegitimate, and the parties could contract another marriage. This maxim directs the construction to be put upon Acts of Parliament, against the express letter of which the Courts will not sanction any interpretation, for the meaning of the Legislature cannot be so well explained as by its own direct words, since index animi sermo (language conveys the intention of the mind), and maledicta expositio qu' corrumpit textum (an exposition which corrupts the text is bad). [4 Rep. 35; Sussex Peerage Case, (1844) 11 Cl & F 143.]This maxim directs the construction to be put upon Acts of Parliament, against...
Judge
Judge [fr. juge, Fr.; judex, Lat.], one invested with authority to determine any cause or question in a Court of judicature. The word 'judge' denotes not only every person who is officially designated as a judge but also every person who is empowered by law to give, in any legal proceeding, civil or criminal, definitive judgment, or a judgment which, if not appealed against, would be definitive, or a judgment which, is confirmed by some other authority, would be definitive or who is one of a body of persons which body of persons is em-powered by law to give such a judgement (Indian Penal Code, 1860, s. 19)To secure the dignity and political independence of the judges of the Supreme Court, it is enacted by s. 5 of the (English) Jud. Act, 1875 (replaced by Jud. Act, 1925, s. 12), repeating in effect a provision of the Act of Settlement (12 & 13 Wm. 3, c. 2), that the judges of the Supreme Court (with the exception of the Lord Chancellor, who goes out with the Ministry) shall hold their o...
Wife
Wife [wif, Sax.; wiff, Dut,; wyf, Icel.; uxor, Lat.], a woman that has a husband. See HUSBAND AND WIFE.Wife includes a divorced Muslim wife, Zohara Khatoon v. Mohd. Ibrahim, AIR 1981 SC 1243: (1981) 2 SCC 509: (1981) 2 SCR 910. [Criminal PC, (1974), s. 125 (1) Cl. (b) and s. 127(3)]Wife includes divorced wife, Capt. Ramesh Chander Kaushal v. Veena Kaushal, AIR 1978 SC 1807: (1978) 4 SCC 70: (1978) 3 SCR 782.The word 'wife' is not defined in the Code except indicating in the Explanation its inclusive character so as to cover a divorcee, Yamuna Bai Anantrao Adhav v. Anantrao Shivram Adhav, AIR 1988 SC 644: (1988) 1 SCC 530: (1988) 2 SCR 809.It means a Parsi wife. [Parsi Marriage and Divorce Act, 1936 (3 of 1936), s. 2 (9)]Clause (b) of the Explanation to s. 125(1), provides that 'wife' includes a woman who has been divorced by, or has obtained a divorce from her husband and has not remarried. 'Wife' means a wife as defined, irrespective of the religion professed by her or by her husband....
Co-respondent
Co-respondent, the man charged with adultery. The (English) Judicature Act, 1925, s. 177,enacts that on a petition for divorce presented by the husband or in the answer of a husband praying for divorce, the petitioner or respondent, as the case may be, shall make the alleged adulterer a co-respondent unless he is excused by the Court on special grounds from so doing. On a petition for divorce presented by the wife the Court may, if it thinks fit, direct that the person with whom the husband is alleged to have committed adultery be made a respondent.By s. 189, the husband may claim damages from any person on the ground of adultery with the wife; and the claim for damages shall, subject to the provisions of any enactment, relating to trial by jury in the court, be tried on the same principles and manner as actions for criminal conversation were tried before the commencement of the (English) Matrimonial Causes Act, 1857 (partly repealed), and the provision of that Act with reference to th...
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