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. .....
Tag this Judgment!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. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1936All222
..... while the tenancy act of 1901 was in force and was succeeded by his widow and the widow died after the coming into force of the tenancy act of 1926, the succession would be governed by sub-section 2 of the new tenancy act, and that the nearest collateral male relative in the male line of the descent who shared in the cultivation of the last male occupancy tenant at his death would not be ..... would also be some violence to language in interpreting the expression 'in the case of a widow of class 2 in section 24, remarries' occurring in section 25, clause (1). ..... one other argument was advanced before me and it was to the effect that if clause (2) of section 25 were to apply also to the case of a widow having a life estate only, such as a widow who inherited under section 22 of the previous act, the (clause would not be effective, inasmuch as the clause provides that in the case of the death of such a person her interest in the holding shall devolve, and as her interest in the holding was only till death there is nothing ..... i am unable to change these words and read them as -if they meant a widow who has a limited interest for life until re-marriage of the kind mentioned in class 2 in section 24. ..... consideration which weighs with me is that this interpretation would now bring about a perfect uniformity, no matter whether the female tenant is a hindu, a muhammadan or a christian or belongs to any other sect. ..... a loses her rights on re-marriage, b does not. 5 ..... (re-marriage, stock of descent etc .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1933All122
..... i have only to interpret the civil law as enacted by the christian marriage act. ..... terms of this section the high court is prohibited from considering questions arising under the christian marriage act, and that therefore there is no jurisdiction in this court to decide whether there has been a valid marriage in accordance with the christian marriage act. ..... section 5 of the act exempts an episcopally ordained person from the ordinary rules of marriage set out in section 12 and onwards in part 3, christian marriage act. ..... to the issues formerly struck under the divorce act, section 19, i have added, during the course of the hearing, two other issues under the christian marriage act, namely, no. ..... ' there can be no doubt that by sections 4 and 19, divorce act, this court has jurisdiction to hear the petition in so far as the issues under section 19, divorce act, are concerned, namely, 'was the marriage null and void on the ground of the petitioner being an idiot at the time of the said marriage and, secondly, 'was the said marriage null and void on the ground that the petitioner's consent was obtained by force or fraud ? ..... the petitioner, alfred robert jones, of bhim tal near naini tal, by his sister, miss edith jones, as his next friend, prays for a decree of nullity of marriage under section 19(3) and (4), divorce act, and under sections 4 and 5(1), christian marriage act, for a declaration that his marriage to the respondent is void. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1934All273; 153Ind.Cas.733
..... the church says that certain rules should be observed but that non-observance will not render the marriage void, there is nothing in section 5, indian christian marriage act (1872), which says that such a marriage is to be declared void by a court.9. ..... whether the issue as to the want of necessary ceremonies was properly raised at a late stage in the case, i fully agree that the high court has no jurisdiction to entertain the suit under the indian christian marriage act (act 15 of 1872) on its original side. ..... no doubt under clause 26, letters patent, the matrimonial jurisdiction between persons professing the christian religion was conferred upon this ..... from this clear language of section 4, it follows that the jurisdiction in matrimonial matters conferred on this high court by clause 26 of its letters patent is to be exercised in accordance with the provisions of the divorce act of 1869, and in aocor-dance with that act ..... such a definition would not do for our purposes and would not at all fit in with an interpretation of the word 'idiot' as used in section 19, divorce act. ..... an 'idiot' is not defined in the divorce act or the general clauses act or in any other indian act, but undoubtedly idiocy is a form of congenital ..... to hear a matrimonial matter was conferred on this high court by clause 26 of its letters patent. ..... but under clause 35, the provisions of the letters patent are subject to the legislative powers of the governor-general in ..... laid down in clause (35), letters patent. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All529
..... the determination of the validity of the marriage depends upon the construction to be placed upon the various provisions of the indian christian marriage act, particularly section 88, which reads as follows :'nothing in this act shall be deemed to validate any marriage which the personal law applicable to either of the parties forbids him or her to enter into.' 9. ..... if the words used in a statute are so plain that, in the context in which they were placed, they can have only one meaning, no question of interpretation arises and that meaning must be given to them, however arbitrary or mischievous it may appear, to be and it is not open to the court to refuse to give effect to it on the ground that the legislature intended to do something else. ..... have been contemplated by the legislature, and the difficulty is obviated if an interpretation is put on the section which, in my opinion, does no violence to the words used, namely, that, as the marriage to attract the provisions of section 88 must be a nullity according to personal law of a party, that part of the personal law of the parties only is contemplated by the section which relates to absolute impediments to any marriage at all between the parties, even marriage according to the rites of their own churches impediments such as prohibited degrees .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1974All278
..... contended that since the parties were christians and had been married under the provisions of the indian christian marriage act (act no. ..... is as follows:-- 'subject to the provisions contained in sub-section (2) of section 24, where a certificate of marriage has been finally entered in the marriage certificate book under this chapter, the marriage shall, as from the date of such entry, be deemed to be marriage solemnized under this act, and all children born after the date of the ceremony of marriage (whose names shall also be entered in the marriage certificate book) shall in all respects be deemed to be and always to have been the legitimate children ..... obvious that after a marriage solemnized in a form other than the one contemplated by the act has been registered under section 15 because of the deeming clause in section 18, parties thereto are entitled to take recourse to section 27 of the act. ..... christian marriage act (act xv of 1872) and the indian divorce act (act iv of 1869) deal with the law of marriage and divorce for christians. ..... it seems to have been urged that if the parties were christians, a petition for divorce at the instance of the husband could have been filed only under the provisions of the indian divorce act ..... chandrawati, respondent, are admittedly christians and they were married in a christian church according to christian rites on the 2nd may ..... that she had been married to the appellant according to christian rites in a christian church on the 2nd may, 1957. .....
Tag this Judgment!Court : Allahabad
Reported in : 7Ind.Cas.342
..... wilson in his work on anglo-muhammadan law at page 156 writes as follows: it seems that the effect of either or both of the parties to a muhammadan marriage renouncing the muhammadan religion is to dissolve the marriage in so facto so far as the british courts are concerned, leaving it open to the parties to solemnise a fresh marriage under the christian marriage act, xv of 1872, or under act 111 of 1872, according to circumstances. ..... opinion that the effect of the apostasy of a muhammadan wife was to dissolve the marriage contract and that according to the muhammadan law if either party to marriage becomes a convert to christianity, a claim for restitution of conjugal rights cannot be supported. ..... it was also held that according to the muhammadan law, a wife's conversion from islam to christianity effects a complete dissolution of her marriage with her muhammadan husband. ..... directs attention to the divergence of opinion as to the effect of the wife's abjuration of islam on the status of marriage and points out that the lawyers of bokhara have always taken a narrow view of the law but that the law of the jurists of balkh and samarkand laid down that 'when a woman abjures islam for a scriptural or revealed religion like judism or christianity, her renunciation of the faith does not dissolve the marriage. ..... for restitution of conjugal rights and the defence is that by the fact of her apostasy the marriage tie became dissolved and a decree cannot be passed for restitution of such rights. .....
Tag this Judgment!Court : Allahabad
Reported in : II(1994)DMC64
..... . the conclusions that i have given in the operative part of the judgment and detailed discussion in the judgment per se will reveal that the case involves substantial question of law of general importance as well relating to interpretation of article 372 of the constitution and section 2 of muslim personal shariyat law application act as well as section 29 of hindu marriage act in the context of other provisions of the constitution as contained in the preamble and the three chapters, i.e ..... may be associated with religious practice;(b) providing for social welfare and reform or the throwing open of hindu religious institutions of a public character to all classes and sections of hindus.explanation i--the wearing and carrying of kripans shall be deemed to be included in the profession of the sikh religion.explanation ii--in sub-clause (b) of clause (2), the reference to hindus shall be construed as including a reference to persons professing the sikh, jaina or budhist religion, and the reference to hindu religious institutions shall ..... the husband and wife under court's decree may live separately as judicially separated without marriage ties being broken and a hindu wife or a christian wife may succeed in protecting and saving her holding from the clutches of its being clubbed with that of her husband without breaking the marriage ties but a muslim or musalman husband or wife even if the marriage ties has been broken, their holdings have got to be clubbed into one and .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1933All135a
..... there appears to be nothing either in the divorce act or in the christian marriage act as regards the age of consent. ..... appears to me therefore that for a christian marriage in india the age of consent at the date of this marriage would be 12 in the case of a girl, that being the then state of the law in england at the date of this marriage. ..... he contends that the petitioner being under 21 years of age is a minor within the meaning of this section, and that therefore the petition is bad as the petitioner is not suing through her next friend. ..... haripal varshni, who appears here on behalf of the husband, has drawn our attention to section 49, divorce act, which enacts thatwhere the petitioner is a minor he or she shall sue by his or her next friend to be approved by the court, and no petition presented by a minor under this act shall be filed, until the next ..... in any event the civil procedure code by section 45, divorce act, applies to petitions under the divorce act; under that code a next friend is not required over the age of 18 ..... under section 3(5) minor children other than those of 'native' parents are defined as unmarried children who have not completed the age of 18 years ..... under section 7, divorce act, the high courts have to act, subject to the provisions contained in that act, according to the principles and rules on which the court for divorce and matrimonial causes in england for the time ..... the petitioner is over 19 and therefore she is not a minor within the meaning of section 49. .....
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