The Law of Divorce in India: Being the Indian Divorce Act ...Thacker, Spink, 1871 - 248 pages |
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Page vii
... Causes in England has proceeded , I was desirous of acquainting myself with this portion of the law . In reading through the published reports of cases decided by the Court for Divorce and Matrimonial Causes in Westminster Hall , and by ...
... Causes in England has proceeded , I was desirous of acquainting myself with this portion of the law . In reading through the published reports of cases decided by the Court for Divorce and Matrimonial Causes in Westminster Hall , and by ...
Page xxxii
... causes for popularly describing English marriages as indissoluble , and they are no longer so described ; their dissolubility is now patent . But did the estab- lishment of a Court to administer the law of divorce alter the inherent ...
... causes for popularly describing English marriages as indissoluble , and they are no longer so described ; their dissolubility is now patent . But did the estab- lishment of a Court to administer the law of divorce alter the inherent ...
Page 1
... Causes in India . WHEREAS it is expedient to amend the law Preamble . relating to the divorce of persons professing the Christian religion , and to confer upon certain Courts jurisdiction in matters matrimonial ; It is hereby enacted as ...
... Causes in India . WHEREAS it is expedient to amend the law Preamble . relating to the divorce of persons professing the Christian religion , and to confer upon certain Courts jurisdiction in matters matrimonial ; It is hereby enacted as ...
Page 7
... Lolley's case , stated to have been received from one of the counsel in the cause . The only counsel engaged having been Littledale and Brougham , this state- ment would , if additional proof were required , further ACT No. IV OF 1869 . 7.
... Lolley's case , stated to have been received from one of the counsel in the cause . The only counsel engaged having been Littledale and Brougham , this state- ment would , if additional proof were required , further ACT No. IV OF 1869 . 7.
Page 9
... the lex loci dissolubi- lity for such and such causes is of the incidents , that disso- lubility must be everywhere recognized . But no English C Court will grant a divorce for incompatibility of temper of ACT No. IV OF 1869 . 9.
... the lex loci dissolubi- lity for such and such causes is of the incidents , that disso- lubility must be everywhere recognized . But no English C Court will grant a divorce for incompatibility of temper of ACT No. IV OF 1869 . 9.
Common terms and phrases
21 Vict adul affidavit alimony pendente lite alleged allowed answer appear application bigamy Calcutta High Court canon law charge co-re co-respondent cohabitation collusion committed adultery condoned conjugal rights connivance Cresswell cruelty custody decree absolute decree for dissolution decree nisi decree of judicial decree of nullity decree or order desertion dissolution of marriage dissolved District Court District Judge Divorce Court domicil Ecclesiastical Courts England English Court English marriage entitled evidence fact falsely called filed granted ground Hagg High Court Hon'ble House of Lords husband or wife husband's adultery income India Judge Ordinary judicial separation jurisdiction living Lord married matrimonial nullity of marriage obtained a decree parties payment permanent alimony person peti petition for dissolution petitioner petitioner's pleaded proceedings pronounced proof proved provisions reasonable excuse refused respondent respondent's restitution of conjugal riage rule settlement solemnized suit for dissolution tion Warrender wife's adultery wife's costs
Popular passages
Page 208 - Act, the court may, either of its own motion or on the application of any...
Page 214 - ... any engagement or contract she may have entered into, or for any wrongful act or omission by her, or for any costs she may incur as plaintiff or defendant ; provided that where upon any such judicial separation alimony has been decreed or ordered to be paid to the wife, and the same shall not be duly paid by the husband, he shall be liable for necessaries supplied for her use; provided also, that nothing shall prevent the wife from joining, at any time during such separation, in the exercise...
Page 73 - What merely wounds the mental feelings is in few cases to be admitted, where they are not accompanied with bodily injury, either actual or menaced. Mere austerity of temper, petulance of manners, rudeness of language, a want of civil attention and accommodation, even occasional sallies of passion, if they do not threaten bodily harm, do not amount to legal cruelty...
Page 146 - Marriage shall be declared to be dissolved, but not sooner, it shall be lawful for the respective Parties thereto to marry again, as if the prior Marriage had been dissolved by Death...
Page 112 - The Court may, if it shall think fit, on any such decree, order that the husband shall to the satisfaction of the Court secure to the wife such gross sum of money, or such annual sum of money for any term not exceeding her own life, as, having regard to her fortune (if any), to the ability of the husband, and to the conduct of the parties, it shall deem reasonable...
Page 215 - Value of the property so seized or held after such notice as aforesaid : if any such .order of protection be made, the wife shall, during the continuance thereof, be and be deemed to have been, during such desertion of her, in the like position in all respects, with regard to property and contracts, and suing and being sued, as she would be under this act if she obtained a decree of judicial separation.
Page 72 - The causes must be grave and weighty, and such as show an absolute impossibility that the duties of the married life can be discharged. In a state of personal danger no duties can be discharged, for the duty of self-preservation must take place before the duties of marriage...
Page 213 - In every case of a judicial separation, the wife shall, from the date of the sentence, and whilst the separation shall continue, be considered as a feme sole with respect to property of every description which she may acquire or which may come to or devolve upon her...
Page 139 - ... or she has been guilty of adultery, unless such witness shall have already given evidence in the same proceeding in disproof of his or her alleged adultery.
Page 208 - In all suits and proceedings, other than proceedings to dissolve any marriage, the said Court shall proceed and act and give relief on principles and rules which in the opinion of the said Court shall be as nearly as may be conformable to the principles and rules on which the Ecclesiastical Courts have heretofore acted and given relief, but subject to the provisions herein contained, and to the rules and orders under this act.