Judgment Search Results Home > Cases Phrase: christian marriage act1872 section 3 interpretation clause Court: andhra pradesh Page 1 of about 13 results (0.055 seconds)

A.A. Balasundaram Vs. A. Vijayakumari and anr.

Court : Andhra Pradesh

Reported in : 1991CriLJ2254; I(1991)DMC149

..... it is next submitted that according to section 4 of the indian christian marriage act, marriage between two christians or one of whom is a christian shall be void, if it is not solemnised in accordance with the provisions of section 5 of the said act; and since it is not admittedly so performed, the contention advanced is that the marriage should be declared void. 12. ..... it is to be borne in mind that the rigour of voidness covered by section 4 of the indian christian marriage act is stressed and attached more to the persons that officiate in the solemnisation of the marriages, and it does not envisage as regards the validity or otherwise of a marriage simpliciter that took place between a hindu and a christian. ..... may be annulled by a decree of nullity on any of the following grounds, namely :- (a) that the marriage has not been consummated owing to the impotence of the respondent; or (b) that the marriage is in contravention of the conditions specified in clause (ii) of section 5; or (c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner was required under section 5 as it stood immediately before the commencement of the child marriage restraint (amendment) act, 1978, the consent of such guardian was obtained by force or by fraud ..... state of madras, : 1953crilj1105 , relate to the principles of interpretation and they have no relevance to the present facts : 15a. .....

Jayanthi Kanakavalli Vs. K. Louis Raju and ors.

Court : Andhra Pradesh

Reported in : 2005(1)ALD795; 2005(2)ALT420

..... vijaya chandra reddy, learned counsel for the appellant submits that the appellant has proved her marriage with nagaraju, by filing ex.b.1, and in view of the specific provisions of the indian christian marriage act, 1872 (for short 'the act'), the factum of marriage stands proved conclusively. ..... the conditions to be fulfilled at the time of marriage between christians, are stipulated under section 60 of the act. ..... section 9 of the act provides for grant of licences to persons, to grant certificates of marriage between indian christians. ..... issuance of a certificate, in respect of marriages solemnized in accordance with section 60, is provided for under section 61 of the act. ..... apart from prescribing the age limits and prohibiting marriage between persons having a living spouse, it mandates that a declaration be made by the intending husband, in the presence of persons, licenced under section 9 and two credible witnesses. ..... sub-section (2) of section 13 provides for a similar fiction as to conclusiveness of the marriage certificate issued thereunder. ..... however, the 1st respondent has come forward with another certificate, issued under section 13 of the special marriage act, 1954. ..... section 61 also mandates that a certificate, in accordance with the relevant provisions, shall be received in any suit, touching on the validity of the marriage as conclusive proof of the performance of marriage. ..... the act prescribes the procedure for solemnization of marriages of indian christians. .....

K. Hema Kumari Vs. D.P. Yadagiri

Court : Andhra Pradesh

..... in the facts pleaded by the respondent in her application under section 12(1)(c) of the 1955 act and the admission of the appellant that he was and still is a christian belonging to the roman catholic denomination, the marriage solemnized in accordance with hindu costoms was a nullity and its registration under section 8 of the act could not and/or did not validate the same. ..... m.vijayakumari (air 1991 kerala 175)of kerala high court contended that when a hindu male marries a christian female, marriage is valid between them and both the parties become hindu in view of definition of hindu contained in section 2(1) explanation (1) of the hindu marriage act, 1955 (in short, the 1955 act). ..... the learned judge observed that though sections 11 and 12 of the 1955 act having been specific in rendering certain marriages void and voidable and being silent as regards the marriage between a hindu and a christian and there being no provision in the 1955 act dealing with such a situation, it cannot be held that such a marriage is either void or voidable. ..... section 4 of the 1872 act provides that: every marriage between persons, one or both of whom is or are a christian or christians, shall be solemnized in accordance with the provisions of the next following section; and any such marriage solemnized otherwise than in accordance with such provisions shall be void. .....

B. Agnis Marry Vs. Kanaparthi Jamima Raja Kumari and anr.

Court : Andhra Pradesh

Reported in : 2007(3)ALD508; 2007(3)ALT388; [2007(114)FLR1053]

..... stand that she married the said deva roy on 1-6-1978 as per christian law at christs luthern church, repalle and there is a certificate to that effect as contemplated under the provisions of christian marriage act. ..... by hindu succession act and the statutory provisions of the hindu succession act would prevail upon the regulations which were only guiding factors and the trial judge erred in interpreting rights and the married daughter is entitled under hindu succession act but execution of will gave her an additional right and hence succession certificate to be issued in her favour.20 ..... . assignment and transfer of insurance policies:(5) subject to the terms and conditions of the transfer of assignment the insurer shall, from the date of the receipt of the notice, referred to in sub-section (2), recognize the transferee or assignee named in the notice as the only person entitled to benefit under the policy, and such person shall be subject to all liabilities and equities to which the ..... not subsist, the gratuity shall be paid in the manner indicated below:(i) if there are one or more surviving members of the family, as in clauses (i), (ii), (iii) and (iv) of sub-rule (5) of ,rule 46 to all such members in equal shares;(ii) if there is no such surviving members of the family, as in sub-clause (i) above, but there are one or more members as in clauses (v), (vi), (vii), (ix), (x) and (xi) of sub-rule (5) of rule 46, to all such members in equal shares.rule 47 of the a.p. .....

Muzaffar Ali Sajjad and ors. Vs. State of Andhra Pradesh

Court : Andhra Pradesh

Reported in : 2002(1)ALD112; 2001(2)ALT(Cri)497; 2002CriLJ1068

..... the bill seeks to amend the child marriage restraint act, 1929 to increase the minimum age of marriage from 15 to 16 for females and from 18 to 21 for males and to make consequential amendments in the hindu marriage act, 1955, and the indian christian marriage act, 1872. ..... but the act enacted by the central legislature was amended by madras act 18 of 1949 and section 2 as amended provides:notwithstanding any custom or usage to the contrary, in all questions, regarding intestate succession, special property of females, including personal property inherited or obtained under contract, or gift or any other provision of personal law, marriage, dissolution of marriage, including 'tallaq, ila, zihar, lian, khula and mubarrat, maintenance, dower, guardianship, gifts, trusts and trust properties and wakfs ..... it was held as under:'the settlement of dower or its relinquishment comes within the exceptions contained in section 2.a minor under the majority act, but a major under the mohammedan law, is capable of entering into a contract of marriage of fixing the amount of dower and of relinquishing the dower as consideration for obtaining khula.'11. ..... it was held by their lordships that under maho.medan law, a woman of 16 years and over is entitled to sue for divorce without a guardian by virtue of section 2 (a) of majority act.lastly the learned counsel for the petitioners herein relied upon the provisions contained in act 26 of 1937 (shariat act). .....

Gogireddy Sambireddy Vs. Gogireddy Jayamma and anr.

Court : Andhra Pradesh

Reported in : AIR1972AP156

..... of the several communities in india, christian marriages were strictly monogamous. ..... section 11 states 'any marriage solemnised after the commencement of this act shall be null and void and may, on a petition presented by either party thereto, be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v) of section 5'. ..... the husband seeks to have the proceedings against him quashed on the ground that sections 11 and 17 of the hindu marriage act are ultra vires and unconstitutional as they offend article 15(1) of the constitution. ..... the legislature, however, also enacted section 17 which states 'any marriage between two hindus solemnised after the commencement of this act is void if at the date of such marriage either party had a husband or wife living; and the provisions of sections 494 and 495 of the i. p. c. ..... jains and sikhs and (c) all other persons domiciled in india who are not muslims, christians parsis or jews, unless it is proved that such persons would not have been governed by the hindu law or any custom or usage treated as part of that law. ..... the legislation brings the persons to whom it applies on a line with christians, parsis, jews, nairs and others who are already monogamous. ..... he may be a non-hindu like a buddist, jaina or sikh or he may be a non-hindu who is also not a christian. .....

Youth Welfare Federation Rep. by Its Chairman, K.J. Prasad Vs. Union o ...

Court : Andhra Pradesh

Reported in : 1996(4)ALT1138

..... had suggested comprehensive amendment to the act in the bill titled 'the christian marriage and matrimonial causes bill 1960' submitted along with its 15th report whereby both husband and wife were given the right to seek dissolution of marriage on almost all grounds mentioned in the special marriage act including the ground of adultery simpliciter, cruelty and desertion as per clause 30 of the bill. ..... 372 that the adaptation order is not challengeable in any court of law, yet there is no reason why the propriety under article 372(2) should be projected for interpretation of article 372(1) when the expression 'laws in force' appears to be absolutely unqualified and the manifest intention appears to be to continue 'all the laws in force in the ..... section 292 of the government of india act, 1935 applied not only to statutory enactments then in force but to all laws, including even personal laws, customary laws and common laws, it can only be said that the effect of section 292 was not considered in the context of section 311 of that act which interpreted different expressions including 'existing indian law', and the marginal note of section ..... interpretation of section 7 was permissible before august 15, 1947 when the british parliament had plenary powers of legislation over indian territory, no interpretation ..... interpreted in the light of the marginal notes which spoke of 'existing law', but indicated in the body of the amending act itself, and in its title, that those sections .....

G.S. Dhanamani Vs. G.V. Banerjee

Court : Andhra Pradesh

Reported in : AIR1985AP237

..... in this reference for confirmation, the learned counsel for the respondent submits that both the parties are not christians, that the respondent is a hindu and that, therefore, the petition under s. ..... 'where either of the parties to a petition for divorce is a christian, it would be sufficient to invoke the jurisdiction of the court under s. ..... dhanamani, prays for the dissolution of her marriage with the respondent, g.v.banerjee, on the grounds of cruelty and bestiality, under s. ..... the decree for dissolution of the marriage of the petitioner with the respondent is accordingly confirmed and the reference is accepted. ..... 10 of the act for dissolution of marriage was not maintainable. ..... there is no dispute that the petitioner professes christian religion. ..... 2 clearly lays down that the provisions of the act are attracted even if one of the parties professes christian religion. ..... 10 of the act to grant a decree for dissolution of the marriage. .....

Madanam Seetha Ramul Vs. Madanam Vima

Court : Andhra Pradesh

..... in case the respondent was of the view that she was a christian, even by the time of her marriage with the appellant, she was expected to raise an objection, as to the very filing of the op, under section 13 of the act. ..... from her pleadings, it is not clear as to whether the respondent was stating that she was a christian, prior to marriage or she got herself converted into christianity later on or that she did not profess that religion at all. ..... he submits that the respondent and her parents were professing christianity, even before her marriage with the appellant, and the mere fact that the marriage was performed, in accordance with the customs of hinduism, does not make the respondent a hindu. ..... venu madhav, learned counsel for the appellant, submits that the evidence on record is clinching to the effect that the respondent converted into christianity, during the subsistence of the marriage, and the trial court ought to have decreed the op, on that ground alone. ..... he filed the op against his wife, the respondent, for divorce, under section 13(1) (ia) (ib) and (ii) of the hindu marriage act, 1955 (for short 'the act').he pleaded that the marriage between himself and the respondent took place in or around the year 1995, according to hindu customs and rites. ..... from this, it becomes clear that (a) the respondent became christian, (b) such conversion was after the marriage, and (c) the reason for the conversion is the force exerted by the appellant. .....

Amarthala Hemalatha Vs. Dasari Balu Rajendra Varaprasad

Court : Andhra Pradesh

Reported in : AIR1990AP220; II(1991)DMC194

..... nearly as may be, conformable to the principles and rules on which the court for divorce and matrimonial causes in england for the time being acts and gives the relief.provided that nothing in this section shall deprive the said courts of jurisdiction in a case where the parties to a marriage professed the christian religion at the time of the occurrence of the facts on which the claim to relief is founded.'17. ..... christian marriage was indissoluble, but divorce a mensa et thoro, in the nature of the present day judicial separation, that is divorce without right thereafter to marry another person while the former spouse still lives, was ..... the question arises as to what is meant by a divorce a mensa et toro mentioned in one of the sub-clauses in section 10 and also in section 22 of the act and as to what is the meaning of the words in section 22 which enables a wife to obtain a decree for judicial separation, on the ground of adultery or cruelty or desertion without reasonable excuse for two years or upwards and in the statutory declaration that such decree 'shall ..... the learned judges had to interpret the opening words of section 7 'subject to the provisions contained in this act' and observed that section 7 dealt with matters of substantive law and not adjective law of england and also that as long as there is no prohibition in the indian divorce act 1869 to grant relief, relief could be granted inaccordance with the ..... abovesaid provision had been interpreted by different high courts .....