Judgment Search Results Home > Cases Phrase: christian marriage act1872 section 44 consent of father or guardian Page 1 of about 111 results (0.027 seconds)

Lakshmi Sanyal Vs. Sachit Kumar Dhar

Court : Supreme Court of India

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

..... 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 question of the effect of the minority of the appellant and the lack of consent of her father or guardian was allowed to be raised and after referring to the canon law of the romen catholic church it was held that from the standpoint of that law the objection to the validity of the marriage on the ground of lack of consent could not be sustained. ..... in part iii the marginal heading of which is 'marriages solemnized by ministers of religion licensed under this act', section 19 lays down that the father, if living, of a minor or if he be dead, his guardian and if there bye no guardian then the mother of the minor may give consent to the minor's marriage. ..... it does not appear from the judgment that the point relating to invalidity of the marriage on account of absence of consent of the father or the guardian of the appellant was argued or decided by the learned trial judge. ..... the first is whether the marriage was invalid and void because the appellant was a minor at the time the marriage was solemnised and admittedly the consent of her father or guardian had not been taken. .....

Miss Shireen Mall Vs. John James Taylor

Court : Punjab and Haryana

Reported in : AIR1952P& H277

..... had also urged that the marriage was hull and void as at the time when it was celebrated the petitioner was a minor as contemplated by section 3 of the indian christian marriage act, 1872; and therefore there could be no valid marriage without the consent of her mother which consent was never given. mr. ..... under the provisions of section 3 of the indian christian marriage act, 1872, she was a minor as she had not completed the age of 21 ..... , learned counsel for the petitioner submitted that his case fell within the provisions of section 19 of the indian divorce act, 1869 which provides in its last paragraph:'nothing in this section shall affect the jurisdiction of the high court to make decrees of nullity of marriage on the ground that the consent of either party was obtained by force or fraud.'9. mr. ..... years and upwards this desertion must be coupled with adultery, yet under the rules and principles on which the court for divorce and matrimonial causes in england acts it is & good ground for dissolution of a marriage under section 2 of the english matrimonial causes act, 1937 which amended section 176 of the english supreme court of judicature (consolidation) act, 1925. ..... petitioner was undoubtedly a minor as understood in the indian christian marriage act and her father being dead her mother's consent should have been obtained. ..... consent was never given and i doubt whether her marriage could have been validly solemnized in dehra dun, there being no consent of an undoubted guardian. .....

BadrudIn Abdulla Hirji Vs. Registrar of Marriages

Court : Mumbai

Reported in : AIR1946Bom129; (1945)47BOMLR938

..... the importing of such a provision in the indian christian marriage act would, however, create a class of guardians who presumably would know nothing about the status, the position and the desirability or otherwise of the marriage of the minor and who would in the absence of any independent or material information would not have any data for the purpose of arriving at any conclusion as to the desirability or otherwise of the marriage of the minor, i am not therefore inclined to read such ..... proper construction of the provisions of section 19 and section 42(c) of the act, i have come to the conclusion that where the father of the minor is dead or where the guardian of the person of such minor either testamentary or otherwise appointed by the father or by any competent authority is not in existence or where in the absence of any such guardian the mother of the minor also is dead, it cannot be stated that there is any person authorised to give the consent to such marriage of the minor. ..... the petitioner badrudin abdulla hirji against the respondent the registrar of marriages, bombay, under section 43 of the indian christian marriage act (xv of 1872) for an order that the respondent be directed to issue a certificate forthwith before the expiration of fourteen days required by section 41 of the act and that the respondent be ordered and directed to take such steps as may be necessary for the solemnisation of the intended marriage between the petitioner and one miss nancy adala ferguson. .....

G.Renukadevi Vs. Superintendent of Police

Court : Chennai

..... has not completed the age of five years shall ordinarily be with the mother; (b) in the case of an illegitimate boy or an illegitimate unmarried girl the mother, and after her, the father; (c) in the case of a married girl husband; provided that no person shall be entitled to act as the natural guardian of a minor under the provisions of this section - (a) if he has ceased to be a hindu, or (b) if he has completely and finally renounced the world becoming a hermit (vanaprastha) or an ascetic (yati or sanyasi) 13 ..... it is the stand taken in the counter filed on 28.05.2014 by the 3rd respondent / husband that his wife, after leaving her matrimonial home, enrolled herself for a psycho drama course at woman's christian college, keeping her little daughter in the care of her sister-in-law's family and she has also let down the child kundavi in lurch in the care of distant relatives, which prompted the third ..... pleaded by the petitioner / mother of detenue in the affidavit filed in support of the petition are as under: i) the petitioner married the 3rd respondent on 01.11.2001 at coimbatore and at the time of marriage, her parents presented him 100 sovereigns of gold jewels, diamond bangles, ear stud, other house-hold articles, cash of rs.3,00,000/- and also a car to the value of rs.3,00,000/-. ..... the 3rd respondent cannot take law into his own hands and take away the child without the consent of mother, when the child was under the care and protection of her mother for the last 8 months of .....

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

Court : Kerala

Reported in : AIR1999Ker192

..... lj 1527) a division bench of this court 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. ..... . under section 3 of the travancore christian guardianship act the legal guardian is father and if father is not alive mother is natural guardian ..... . the 1st respondent as rw1 has deposed that she was not willing to marry the petitioner and she consented for the marriage only due to the compulsion of her father and other relations and she has disclosed that fact to the petitioner even before the marriage and therefore the petitioner began to behave cruelly towards her from the 1st day of the marriage ..... . as already noted the allegation that the marriage between the respondents on 14-4-1996 is known to the petitioner and even though he has consented for or connived at the marriage between the respondents, he pretended ignorance of the same and as such adultery cannot be fastened upon the respondents, is also not sustainable ..... . the further question to be considered is whether the petitioner was instrumental, consenting or connived at the marriage of the 1st respondent with the 2nd respondent .....

Jose Vs. Alice and anr.

Court : Kerala

Reported in : 1989CriLJ1527

..... minister who had received episcopal ordination and had solemnized the marriage in accordance with sub-section (1) of section 5 of the indian christian marriage act of 1872 should be presumed to have ensured that the parties had given free consent for the marriage and such presumption will hold the field until the high court passes a decree of nullity of marriage on the ground of force or fraud in obtaining the consent.16. ..... the marriage is solemnized by a minister of the church in accordance with sub-section (1) of section 5 of the indian christian marriage act, it should be presumed that the marriage is valid and the minister had satisfied himself that the parties had voluntarily given consent for the marriage. ..... therefore, hold that the decisions of the archdiocesan tribunal and the eparchial 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.9. ..... is not disputed that the minister had received episcopal ordination and was competent to solemnize the marriage under sub-section (1) of section 5 of the indian christian marriage act, 1872. ..... hold that a christian marriage can be declared null and void only by a decree of court as provided for in sections 18 and 19 of the indian divorce act and the marriage is not rendered void for any of the grounds enumerated in section 19.14. .....

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

Court : Andhra Pradesh

Reported in : 1991CriLJ2254; I(1991)DMC149

..... 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 as to the nature of the ceremony or by any ..... 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. .....

Gnanamuthu Udayar and anr. Vs. Anthoni and ors.

Court : Chennai

Reported in : AIR1960Mad430

..... degnidt, ilr 40 mad 1030 : air 1918 mad 601, the meaning of the word 'solemnize' in section 4 of the christian marriage act has been explained and it was held that marriages of christians with persons who are not christians must be solemnized in one or other of the manners provided in the act, that the general effect of the act is to require that every marriage where one of the parties is a christian must as a condition of validity be solemnized in one of the prescribed forms, excluding the form prescribed ..... by section 9 unless both the parties are native christians and that the act however is only concerned ..... father caussavel v. .....

K.J.B. David Vs. Nilamoni Devi

Court : Orissa

Reported in : AIR1953Ori10; 19(1953)CLT34

..... the aforesaid pieces of evidence (which have been accepted by the court of fact) are sufficient to prove marriage and if the petitioner challenges the validity of the marriage it is his duty to establish affirmatively that the provisions of section 5 of the indian christian marriage act were not complied with or else that the marriage was invalid for other reasons. ..... roy urged that no person can profess christianity unless that person is baptised and that as the opposite party was admittedly not baptised she should be held to be a hindu and that a marriage between a hindu and a christian is invalid doubtless section 4 of the indian christian marriage act permits marriage between two persons one of whom alone need be a christian. ..... the first question for consideration is whether marriages amongst indian christians can be proved only by affirmatively establishing that the provisions of section 5 of the indian christian marriage act were complied with or by production of a certified copy of the marriage certificate as permitted by section 80 of that act. ..... the petitioner himself though the son of a christian father admitted that he was baptised only in 1947 when he was about 22 years old. ..... , 1948, i am accepting nilamoni mohanty (with her consent), the youngest daughter of late shyamsundar mohanty, b.a. b.l. .....

Rahul Verma Vs. State of Rajasthan and Others

Court : Rajasthan Jodhpur

..... the petition has been resisted by the respondent/s by filing the reply contending interalia that as per section 20 of the rajasthan compulsory marriage registration act, 2009, the provisions of the said act do not apply to the marriages solemnized under the indian christian marriage act, 1872, and therefore no direction against the respondent no.2 as sought for in the petition could be given. ..... even as per section 6 of the births, deaths and marriages registration act, 1886, the establishment of general registry, of which the registrar general of births, deaths and marriages is in charge, is established for keeping the certified copies of registers of births and deaths registered under the said act of 1886, or marriages registered under the other acts including the indian christian marriage act, 1872. ..... of course, it is required to be noted that there is no bar contained in the special marriage act, 1954, restricting the right of the christian to get his/her marriage registered under the said act, if the conditions mentioned in section 15 thereof are fulfilled. ..... from the afore stated provisions it is abundantly clear that it is the person licensed under section 9, in whose presence the marriage between the indian christians has been solemnized, has to issue the certificate, and such certificate is treated as the conclusive proof of the marriage having been performed, in view of section 61. .....