Judgment Search Results Home > Cases Phrase: christian marriage act1872 section 3 interpretation clause Page 9 of about 311 results (0.051 seconds)

Jacob Mathew Vs. Mrs. Maya Philip Alias Annama and anr.

Court : Kerala

Reported in : AIR1999Ker192

..... held that the decision of the archdiocesan tribunal and the epharchial tribunal do not in any way affect the civil rights of the parties arising out of the marriage between them duly solemnized in accordance with section 5(1) of the indian christian marriage act, 1872 by a minister of the church who had received episcopal ordination and the marriage becomes null and void only on the passing of the decree of nullity by the court. 23. ..... the argument advanced by the learned senior counsel for the 1st respondent that under travancore christian succession act sthreedhanam is the money given by the father to the daughter at the time of the marriage and the husband is only a trustee for the wife in respect of her sthreedhanam, ..... : it is admitted that the petitioner and the 1st respondent are syrian christians belonging to roman catholic sect, that their marriage was betrothed on 8-9-1990 and the marriage was solemnized on 16-9-1990 at vimalamatha church, kadalikkad in accordance with the christian rites and ceremonies and that the petitioner and the 1st respondent lived together ..... . order white, air 1958 sc 441 the apex court while interpreting section 14 of the indian divorce act regarding satisfaction of the court on evidence, held that when the court is to be satisfied on the evidence in respect of matrimonial offences the guilt must be proved ..... section 23 confers on the court the power to pass a decree if it is 'satisfied' on matters mentioned in clauses (a) to (e) of the .....

Savitri Devi and ors. Vs. Shanti Devi

Court : Delhi

Reported in : 41(1990)DLT323; II(1990)DMC438

..... section 4 of the christian marriage act, 1872 states 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 section 5 of that act and any such marriage solemnized otherwise than in accordance with such provisions shall be void. an. ..... rakhi kumar was solemnized in accordance with the provisions of section 5 of the christian marriage act, 1872 or under the provisions of the special marriage act, 1954. ..... ' under section 11, a marriage solemnized in contravention of the conditions specified in clause (1)-of section 5 shall be null and void. ..... section 16(1) of the act, on which reliance has been placed by the applicants, would apply only if there was a marriage between two hindus in accordance with ceremonies for a hindu marriage as mentioned in section 7 of the act and which is in contravention of any of the conditions specified in clause (i). ..... there is a provision to this clause and which reads as under ;- 'provided that illegitimate children shall be deemed to be related to their mother and to one another, and their legitimate descendants shall be deemed to be related to them and to one another; and any word ..... the property of such a male hindu firstly devolves upon the heirs being the relatives specified in clause (1) of the schedule. .....

Smt. Jacintha Kamath Vs. K. Padmanabha Kamath

Court : Karnataka

Reported in : AIR1992Kant372; I(1992)DMC574; ILR1992KAR1233; 1992(2)KarLJ286

..... the submission, on the basis of which the order of the trial court under appeal is assailed by the learned counsel for the appellant, since raise for our decision a short but somewhat curious question -- whether a christian marriage of which one of the parties was a hindu, could be got dissolved by a decree of divorce under s. ..... -- save as otherwise expressly provided in this act,--(a) any text, rule or interpretation of hindu law or any custom or usage as part of that law in force immediately before the commencement of this act shall cease to have effect with respect to any matter for which provision is made in this act;(b) any ..... section 13 of the hm act states that any marriage solemnised, whether before or after the commencement of the act, may, on a petition presented by the husband or the wife, be dissolved by a decree for divorce on any of the grounds enumerated thereunder.16. ..... section 10 of the hm act provides for presenting a petition by either party to a marriage -- whether solemnised before or after the commencement of the act, seeking decree for judicial separation.13. ..... (2) in disposing of any application under this section for leave to present a petition for divorce before the expiration of one year from the date of the marriage, the court shall have regard to the interests of any children of the marriage and to the question whether there is reasonable probability of a reconciliation between the parties before the expiration of the said one year. .....

David C. Arumainayagam Vs. Geetha C. Arumainayagam

Court : Chennai

Reported in : I(1995)DMC418

..... 14 : 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 the 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 social life.para 15: clause (a) of section 13 states that a foreign judgment shall not be ..... the law regulating christian marriages in india is not to be found in a single enactment but is scattered over ..... marriage was thus one which was solemnised under the provisions of indian christian marriage ..... objects and reasons appended to the bill shows that as the english courts had held that the power of the courts in india to dissolve the marriage of the christians resident in india do not extend to dissolving the marriage of persons domiciled in england, and the decree so made by the indian courts would not be regarded as binding in u.k,. ..... the statutory provisions regarding the divorce in christian marriages are to be found in indian divorce act, the law applicable to the applicant and the respondent in matrimonial matter is therefore the indian divoice act and the marriage can only be dessolved under the provisions of that act in india, and even in case the parties submit to the juritdiction of a foreign court, the dissolution of the marriage can only be on a ground recognised under indian divorce act, .....

Agnel Valentine D'Souza Vs. Mrs. Blanche Agnela Piedade D'Souza

Court : Madhya Pradesh

Reported in : II(1999)DMC22

..... under section 60^~christian marriage act1872~^ of indian christian marriage act, 1872 in accordance with which they were married, the only formality or ritual for marriage required is stated to be that the man and woman who are willing to marry, in presence of a person licensed under section 9^~divorce act, 1869~^ and of two witnesses say to each other in the name of lord jesus christ that they take each other as a wedded wife ..... the course of re-conciliation proceedings i am, however, informed that wedding ring in christian marriage has same sanctity as a 'sindoor or mangalsutra' to a wedded woman in ..... during their college days and thereafter married on 3.1.1987 in accordance with indian christian marriage act, 1872. ..... nor their counsel have explained to me what are the essential rituals of catholic christian marriage. ..... justify a decree on ground of cruelty, the acts and omissions by the alleged erring partner to the marriage should be sufficiently grave and weighty and not such which can be called ordinary 'wear and tear' ..... under section 7^~divorce act, 1869~^ of the act, the courts have been advised 'to grant reliefs to christian spouses on rules and principles as 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 ..... i am also informed that roman catholic christians do not recognise divorce and that is the reasons why the husband has not filed any divorce petition but seeks only a .....

Paul Tushar Biswas Vs. Addl. Dist. Judge and anr.

Court : Guwahati

..... the parties who profess christian faith were married on 4.10.1990 at all saints church, shillong, under the christian marriage act, 1872 (hereafter referred to as the marriage act). ..... dilating on the various clauses of section 13, cpc, the apex court held that clause (a) thereof which appertains to the jurisdiction of a foreign court, should be interpreted to mean that the court of competent jurisdiction would be one which the act or the law under which the parties are married is recognized to entertain the matrimonial dispute. ..... louis county in the state of missouri was held to be unenforceable in india as the jurisdiction of the forum as well as the ground on which the same was passed was not in terms of the hindu marriage act, 1955, under which the parties were married and further the respondent had not submitted to the jurisdiction of that court or had consented to the passing of the said judgment.34. ..... on the touchstone of the above rules of interpretation of section 13, cpc, the decree of dissolution of marriage by the circuit court of st. ..... it held the view that the principles of interpretation so evolved were called for to secure the required certainty in the sphere of this branch of law in conformity with public policy, justice, equity and good conscience as well as to protect the sanctity of the institution of marriage and the unity of family, the cornerstones of our social life.31. .....

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. .....

Mary Stella Vs. Anantha Sakayanathan

Court : Chennai

Reported in : AIR1968Mad158

..... petitioner mary stella married the respondent anantha sakyanathan under the christian marriage act on 8-4-1958. ..... section 10 clearly lays down the conditions under which a wife may get a decree for dissolution of marriage with her husband, like change of religion followed by marriage with another woman, incestuous adultery, bigamy with adultery, marriage with another woman with adultery, and other ..... the above evidence the learned district judge came to the conclusion that this is a fit and proper case for granting a decree nisi for dissolution of the marriage and he has referred the case to the high court under section 17 of the act for confirmation. ..... far as desertion without reasonable excuse for two years or upwards is concerned, that section is definite that it is only adultery coupled with desertion that would entitle the wife to obtain a dissolution of marriage. ..... petition has come before us for confirmation of a decree nisi for dissolution of marriage passed by the learned district judge, south arcot, cuddalore on o. p. ..... the learned district judge as well as the petitioner and the learned counsel who appeared for the petitioner in the lower court have failed to notice that on mere proof of desertion, a decree for dissolution of marriage cannot be obtained by the wife against the husband. ..... these allegations, she filed a petition before the learned district judge, south arcot, cuddalore for a decree for dissolution of marriage under section 10 of the indian divorce act iv of 1869. .....

Elveena Vs. Gopal Durjan Singh

Court : Punjab and Haryana

Reported in : AIR1979P& H4

..... the parties are christians and they were married on april 16, 1971, according to christian marriage act. ..... 10 of the india divorce act, 1869, for the dissolution for her marriage with the respondent was filed. ..... in the result, we allow the reference and confirm the decree of dissolution of marriage passed in favour of mrs. ..... after the marriage, both the parties lived as husband and wife at aligarh and various other places and thereafter, they last resided at ferozepore. ..... evidence, the learned district judge decided both the issues against the respondent, with the result that a decree for divorce was passed in favour of the petitioner and against the respondent for dissolution of marriage. .....

Deepak Bakshi Vs. Anita Mariene Faria Bakshi

Court : Punjab and Haryana

Reported in : AIR1985P& H111

..... parties to the litigation were married at calcutta on december 1, 1973 in accordance with the provisions of the indian christian marriage act, 1872. ..... it may be mentioned here that the petitioner has not impleaded any of the alleged adulterers as a co-respondent and this, as peer the contents of his application under section 11 of the act, was for the reason that the respondent wife was leading the life of a prostitute and he was also not aware of the particulars of the persons with whom the adultery had ..... matrimonial and criminal are distinct jurisdictions but terms of section 14 make it plain that when the court is to be satisfied on the evidence in respect of matrimonial offences the guilt must be proved beyond reasonable doubt and it is on that principle that the courts in india would act and ..... preston jones, 1951 ac 391, in the light of the provisions of section 7 of the act, have ruled in no uncertain terms that:--'in our opinion the rule laid down by the house of lords, would provide the principle and rule which indian courts should apply to cases governed ..... even the two men referred to in the petition under section 10 of the act have not been impleaded as respondents for the same reason that their addresses were not known to ..... besides this being the clear requirement of section 14 of the act, it has been, as ruled by the final court in earnist john ..... court, however, does not appear to have passed any order on this application (under section 11 of the act) of the petitioner.2. .....