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1 - 9 of 9 (0.34 seconds)Section 13 in Indian Divorce Act, 1869 [Entire Act]
Y. Narasimha Rao And Ors vs Y. Venkata Lakshmi And Anr on 9 July, 1991
28.Interpreting Section 13(b) and 13(c) of C.P.C, the Hon'ble
Supreme Court in a judgment reported in (1991) 3 SCC 451
(Y.Narasimha Rao and others Vs. Y.Venkata Lakshmi and another) in
Paragraph Nos.16 and 17 have held as follows:
Article 227 in Constitution of India [Constitution]
Section 13 in The Code of Civil Procedure, 1908 [Entire Act]
Ms.Dorothy Thomas vs Mr.Rex Arul on 27 July, 2011
11.Once a competent Foreign Court has granted an order of
divorce on merits after giving due opportunity to the wife, thereafter the
wife cannot ignore the said order and proceed with the restitution of
conjugal rights application in India. The learned counsel for the petitioner
had relied upon a judgment of our High Court reported in 2011 (5) CTC
22 ( Dorothy Thomas Vs. Rex Arul) to impress upon the Court that where
the wife had actively participated in the proceedings before the Foreign
Court and the judgment was rendered on merits, the said judgment is
binding upon the Indian Court and they are conclusive proof of evidence
between the parties.
Section 13 in The Indian Penal Code, 1860 [Entire Act]
Deepalakshmi vs K.Murugesh Rep. By His on 20 July, 2012
20.The learned Senior Counsel relied upon the judgments of the
Hon'ble Supreme Court reported in (1991) 3 SCC 451 (Y.Narasimha Rao
and others Vs. Y.Venkata Lakshmi and another) and (2011) 2 MLJ 556
( Deepalakshmi Vs. K.Murugesh) and an order passed in W.A.No.1181 of
2009 dated 09.07.2010 ( R.Sridharan Vs. The Presiding Officer,
Principal Family Court, Chennai and another ) to contend that where a
Foreign decree is not in accordance with law applicable, the parties in
India and the resident had not submitted to the jurisdiction of the said
Court, it cannot be recognised by the Courts in this Country and therefore,
the divorce is unenforceable.
R.Sridharan vs The Presiding Officer on 18 August, 2008
20.The learned Senior Counsel relied upon the judgments of the
Hon'ble Supreme Court reported in (1991) 3 SCC 451 (Y.Narasimha Rao
and others Vs. Y.Venkata Lakshmi and another) and (2011) 2 MLJ 556
( Deepalakshmi Vs. K.Murugesh) and an order passed in W.A.No.1181 of
2009 dated 09.07.2010 ( R.Sridharan Vs. The Presiding Officer,
Principal Family Court, Chennai and another ) to contend that where a
Foreign decree is not in accordance with law applicable, the parties in
India and the resident had not submitted to the jurisdiction of the said
Court, it cannot be recognised by the Courts in this Country and therefore,
the divorce is unenforceable.
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