Judgment Search Results Home > Cases Phrase: christian marriage act1872 section 3 interpretation clause Page 1 of about 311 results (0.035 seconds)

Lakshmi Sanyal Vs. Sachit Kumar Dhar

Court : Supreme Court of India

Reported in : AIR1972SC2667; (1972)2SCC647; [1973]2SCR122

..... it has been pointed out that even though the heading of part iii in which section 19 occurs confines the provisions therein to marriages solemnized by the minister of religion licensed under the act, section 19 is of general application and whenever a christian marriage is solemnized by any priest or minister its provisions would be applicable. ..... in our judgment the high court was right in holding that the provisions of section 19 of the christian marriage acct will not be applicable to the present case since it was solemnized by a person falling under section 5(1) and we have to examine the canon law for determining the true position about the solemnization of a marriage of a person who is below 21 years of age.9. ..... the high court expressed the view that in the present case the consent of the parents was not necessary as required under section 19 of the indian christian marriage act, 1872, nor was there any provision in the indian divorce act 1869 which rendered a marriage null and void on the ground of minority of a party. ..... it has been necessary to set out in some detail the provisions of the indian christian marriage act because it has been strenuously argued on behalf of the appellant that since the consent of her father was not taken under section 19 when she was admittedly a minor the marriage was null and void. ..... the effect of section 88 of the indian christian marriage act was considered in peter philip saldanha v. ..... section 3 contains the interpretation clause. .....

Sujaniram Daryaosingh Vs. Lal Shyamshah and Lal Bhagwan Shah and ors.

Court : Mumbai

Reported in : 1956CriLJ256

..... that the word 'christian' in section 3 christian marriage act was defined to mean persons professing the christian religion and that the word 'means' was an inclusive term and therefore no one except a person who professed the christian religion came within ..... of stamps' (1899) ac 99 (c) it is laid down that the word 'include' or 'shall be deemed to include' is very generally used in interpretation clauses in order to enlarge the meaning of words or phrases occurring in the body of the statute, or where it is intended that while the term denned should retain its ordinary meaning its scope ..... is so used, these words or phrases must be considered as comprehending not only such things as they signify according to their natural import, but also those things' which the interpretation, clause declares that they shall include (sic) in - 'bapu vithal v. ..... held:the word 'include' in the interpretation clause is intended to be enumerative and not ..... foundation of the exercise of jurisdiction of the court under this article.on merits, he urges that the decision of the tribunal regarding the interpretation of the term 'magistrate' is correct and that the illegal rejection of the nomination paper had materially affected the election.10. ..... secy of state' air 1932 bom 370, a division bench held:where a term is interpreted in a statute as 'including', the comprehensive sense is not to be taken strictly defining what the meaning of the word must be under all circumstances but merely as declaring what things .....

O.P. Gogne Vs. State (Nct of Delhi) and ors

Court : Delhi

..... both the sides, learned additional sessions judge has observed that the petitioner seeks to prosecute the respondents on the basis of their affidavits dated 17.11.2009, wherein by clause 7, they declared that their marriage will be solemnised in accordance with under section 6 & 9 of the indian christian marriage act, 1872, by st.thomas baptist church, khyber pass, civil lines, delhi-54. 22. ..... section 66 of the indian christian marriage act, 1872 and section 193 ipc provides prosecution of the person who gives false oath, declaration, notice or certificate for the purpose of procuring the marriage ..... marriage has taken place between the respondent nos.2 & 3 in a church on 17.11.2009 under section 6 & 9 of the indian christian marriage ..... section 3 of the christian marriage ..... report or otherwise, the accused appears or is brought before the magistrate and it appears to the magistrate that the offence is triable exclusively by the court of session, he shall-(a) commit, after complying with the provisions of section 207 or section 208, as the case may be, the case to the court of session, and subject to the provisions of this code relating to bail, remand the accused to custody until such commitment has been made; (b) subject ..... interpretation of expression indian christian that only christians descendants by converts can be indian christian ..... the provisions contained therein are required to be interpreted keeping in view the well recognized rule of construction that procedural prescriptions .....

William Rebello Vs. Jose Agnelo Vaz and Another

Court : Mumbai

Reported in : AIR1996Bom204; II(1996)DMC339

..... though they are clubbed together in one amending act, the provisions of the child marriage restraint act, firstly, stood amended by virtue of substitution of definition of 'child'; and, secondly, under section 6 of the said amending act, different provisions of the indian christian marriage act and the hindu marriage act, with different intention, namely, to invalidate the child marriages performed thereunder, are amended. ..... lastly, the consummation of marriage before the age of puberty does not deprive the wife of her option.according to the learned author, clause (vii) of section 2 of the act (i.e. ..... the question which remains is the question of giving harmonious interpretation to the provisions of the two statutes and not to consider the repeal of one statute by the provisions of the other statute, as there is no specific repeal incorporated under the provisions of the either statute.47. ..... (3) in section 12, in sub-section (1), in : clause (c), for the words and figures 'is required under section 5', the words, figures and brackets 'was required under section 5 as it stood immediately before the commencement of the child marriage restraint (amendment) act, 1978' shall be substituted, (4) in section 18, (i) for the brackets, letters and word '(v) and (vi),' the word, brackets and letter 'and (v)' shall be substituted; (ii) in clause (b), the word 'and' occurring at the end shall be omitted; (iii) clause (c) shall be omitted.' 17. .....

Uma Charan Roy Vs. Sm. Kajal Roy

Court : Kolkata

Reported in : AIR1971Cal307,75CWN303

..... district judge was of the opinion that in view of clause (4) of section 29 of the hindu marriage act, section 15 of the hindu marriage act did not apply to the instant impugned marriage but he held that the marriage is bad in view of section 30 of the special marriage act and granted a decree of nullity. ..... the learned judge however held, on an interpretation of section 30 of the special marriage act that the impugned marriage within one month of 'the decree of divorce against susama was null and ..... for the purpose of only preventing a spouse from marrying again within the limit of time prescribedin the proviso to section 15 of the hindu marriage act, the former marriage dissolved by a decree of divorce under its provisions must be deemed to subsist for a period of at least one year from the date of such decree in the court ..... , the learned counsel appearing for thehusband appellant, has contended that the learned judge's interpretation of section 30 was wholly wrong, as it has no application to the facts of the case ..... a person who is a christian and has been married according to christian rites, may, without dissolving his first marriage, get re-married with some other person under the special marriage act, and, accordingly, ..... these decisions on the ground that there both the first and the second marriageswere held under christian rites, whereas in the instant suit the first marriage was held under hindu marriage act, and the second marriage was held under the special marriage act. .....

Mary Kurian Vs. T.T. Joseph

Court : Kerala

Reported in : AIR1980Ker131

..... section 3 of the indian divorce ad which is the interpretation clause defines a district court to mean-'..... ..... any court to grant any relief under this act except where the the petitioner or respondent professes the christian religion,and to make decrees of dissolution- or to make decrees of dissolution of marriage except where the parties to the marriage are domiciled in india at the lime when the petition is presented, or of nullity or to make decrees of nullity of marriage except where the marriage has been solemnized in india and the petitioner is resident in india at the time of presenting the petition, or to grant ..... the court was there concerned with section 3, clause (3) of the indian divorce act in a petition filed for declaration of nullity of marriage the contention was taken in that case that the district court, trivandrum had no jurisdiction to entertain the petition. ..... any relief under this act, other than a decree of dissolution of marriage or of nullity of marriage, except where the petitioner resides in india at the .....

ittoochalil Meethal Moossa Vs. Pachiparambath Meethal Fathimas

Court : Kerala

Reported in : AIR1983Ker283

..... on the interpretation of clause (ii) of section 2 of the act, stated that the plain ordinary grammatical meaning of the words 'has failed to provide maintenance' cannot be different from what it would be, for instance, if these words were used with reference to a hindu or a christian or a parsi husband ..... (1970 ker lt 477) 8 (air 1970 ker 261) has held that a man's failure to provide for the maintenance of the wife for the period of two years mentioned in clause (ii) of section 2 entitles the wife to a decree for dissolution of marriage whether or not the husband had reasonable cause for withholding such maintenance. ..... the courts below have concurrently found that a ground under clause (ii) of section 2 of the dissolution of muslim marriages act, 1939 has been made out by the wife against the ..... counsel for the appellant challenges the correctness of this decision in the light of the decisions of other high courts taking a contrary view that a wife is entitled to a decree for dissolution of marriage only if she is able to satisfy the court that the husband has neglected or failed to provide for her maintenance without reasonable cause for the period aforesaid. ..... to the distinction in the language used in clauses (ii) and (iv) of section 2 and states:'it is laid down expressly in clause (iv) of section 2 that where the husband has failed to perform without reasonable cause his marital obligations for a period of three years, the wife is entitled to a dissolution of her marriage. .....

Emperor Vs. Maha Ram and ors.

Court : Allahabad

Reported in : (1918)ILR40All393

..... section 3 interprets the expression 'native christian. ..... but section 5 only authorizes a person to solemnize christian marriages, and no body can solemnize christian marriages in india who is not authorized by that section. ..... the wider question, as to the real ambit of section 68 of the indian christian marriage act of 1872, is really involved in what we have decided and i propose to state my views about it for the following reasons. ..... the contention on behalf of the appellants is that section 68 of the christian marriage act does not apply; that maha ram was not a christian at the time of his marriage; and that it is not proved that bachhan and mangli solemnized the marriage. ..... ' i read section 68, therefore, as referring to a class of persons, namely, those who solemnize, or profess to solemnize a christian marriage under this act, not being authorized by section 5 to do so. ..... it imposes a penalty upon any person who does under section 5 what he is not authorized to do, namely solemnizes a christian marriage.29. mr. ..... the act is to be called the indian christian marriage act, and in my opinion it deals with christian marriages, and christian marriages alone. ..... it would be a startling result of this act, if such a person being free to choose, and not prohibited from marrying otherwise than by a christian marriage, should find himself liable to transportation for abetting the person who marries him.27. .....

Maha Ram and ors. Vs. Emperor

Court : Allahabad

Reported in : AIR1918All168; 45Ind.Cas.519

..... section 3 interprets the expression 'native christian. ..... but section 5 only authorizes persons to solemnize christian marriages, and nobody can solemnize christian marriages in india who is not authorized, by that section. ..... the wider question, as to the real ambit of section 68 of the indian christian marriage aot of 1872, is really involved in what we have decided and i propose to state my views about it for the following reasons. ..... the contention on behalf of the appellants is that section 68 of the christian marriage act does not apply; that maha ram was not a christian at the time of his marriage; and that it is not proved that bachhan and mangli solemnised the marriage. ..... i read section 68 therefore as referring to a class of persons, namely, those who solemnize or profess to solemnize a christian marriage under this act, not being authorized by section 5 to do so. ..... it provides a penalty for any person who does under section 5 what he is not authorized to do, namely, solemnize a christian marriage.36. mr. ..... the ant is to be called the indian christian marriage act, and, in my opinion, it deals with christian marriages and christian marriages alone. ..... it would be a startling result of this aot, if such a person being free to choose and not prohibited from marrying otherwise than by a christian marriage, should find himself liable to transportation for abetting the person who marries him.33. .....

Shiv Indersen Mirchandani of Bombay and anr. Vs. Natasha Harish Advani ...

Court : Mumbai

Reported in : 2002(2)BomCR436; II(2002)DMC89

..... in the latter case the guideline with regard to the interpretation of clause (a) of section 13 is that it should be interpreted 'to mean that only that court will be a court of competent jurisdiction which the act or the law under which the parties are married recognizes as a court of competent jurisdiction to entertain ..... supreme court has therefore, observed:-'we believe that the relevant provisions of section 13 of the code are capable of being interpreted to secure the required certainty in the sphere of this branch of law in conformity with public policy, justice, equity and good conscience, and the rules so evolved will protect the sanctity of the institution of marriage and the unity of family which are the cornerstones of our ..... nevertheless her marriage with the deceased who was a hindu was valid and for the purpose of dissolution, it was governed by the indian divorce act, 1869 as section 2 thereof authorizes the court to grant relief only when the petitioner or respondent professes christian religion and the parties are domiciled in india at the time when the ..... case where a hindu domiciled in india got married in civil form in new york to a swedish woman of christian religion, who lived with him after the marriage for about six years and bore two children to him. ..... therefore, in view of the aforesaid interpretation and guideline given by the supreme court, the question of dissolution of their marriage will have to be decided with reference to that law under which they got .....