Judgment Search Results Home > Cases Phrase: christian marriage act1872 section 44 consent of father or guardian Court: kerala Page 1 of about 13 results (0.042 seconds)

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. .....

Deepu Dev and Another Vs. the State of Kerala Rep by the Secretary to ...

Court : Kerala

..... had drawn my attention to section (4) of the christian marriage act, 1872, and contended that the marriage between the petitioners, which is solemnised through religious rites prescribed under christianity, is valid. ..... the issue involved, a perusal of the relevant rules will be beneficial rule 5 of the common rules says that, all marriages solemnised in the state after commencement of the rules shall compulsory be registered 'irrespective of the religion of the parties' ..... to whether the local registrar under the common rules is empowered to look into validity of the marriage or in other words, whether lie need to look into such validity for the purpose of ..... therefore i am of die view that the instructions issued through exhibit p7, that the marriages solemnised between persons belonging to different religion are not registrable under the common rules is repugnant and contrary to the ..... that for the purpose of deciding the issue involved, i need not adjudicate the validity of the marriage, i take not of the fact that, it is in view of the directives of the honourable supreme court that the state government have framed the common rules, making all the marriages compulsory registrable, irrespective of the religion of the parties, (emphasis supplied). ..... made it clear that the registration itself cannot be a proof of the validity of marriage, it is clear that, by virtue of registration under the common rules no marriage which is inherently invalid will not become validated in any manner. 9. .....

Joseph Vs. Joseph Annamma

Court : Kerala

Reported in : AIR1979Ker219; 1982CriLJ595

..... from that of a reversioner under the hindu law in respect of a property subject to widow's estate, that under the christian succession act the heir of the original owner gets a vested interest in the property on the death of the owner subject to the life-interest of the widow which is terminable on death or re-marriage, that the right of a person who succeeds to an estate subject to a life-interest created in favour of another is ..... christian widow's right to the immovable properties of her husband's estate is governed by section 24 of the travancore christian succession act, section 24 of the act reads:--'over any immovable property to which a widow or mother becomes entitled to under sections 16, 17, 21 and 22 she will have only a life-interest terminable at death or re-marriage ..... justice vaidialingam, who disposed of the appeal in the high court observed after referring to the various provisions of the christian succession act as follows :-- 'no doubt section 24 states that in respect of the share allotted to the widow, she will have only a life interest ..... the defendant, the widow of joseph has only a life interest in the suit properties, her rights being governed by section 24 of the travancore christian succession act, the plaintiff being the only son of joseph is entitled to the properties as his heir after the death of the defendant the defendant is not entitled ..... suit properties belonged to the husband of the first defendant in that case and father of defendants 2 to 5. .....

Paul Thomas Vs. State of Kerala

Court : Kerala

Reported in : 2004(1)KLT19

..... court directed to register the marriage and affix the seal available under the special marriage act and along with such certificate the second respondent registrar was directed to issue another certificate stating that the marriage registrar under the civil marriage act is also notified as registrar of marriage under the cochin christian marriage act also. ..... for a direction to the second respondent to register the petitioners' marriage under the cochin christian civil marriage act and to issue the certificate. ..... so far as the fees is concerned, fees will be collected at the same rate as applicable under the special marriage act and in case the fees is fixed later, there shall be a direction to the petitioners to remit such fees later as and when demanded ..... to notice of this court that marriage is not solemnised and that the certificate would not have been issued for want of office seal and on account of non prescription of fees under the cochin christian civil marriage act. ..... in hurry to leave the country, the second respondent will take evidence and get signatures wherever required and the marriage certificate will be issued to any person authorised by the petitioners.2. ..... presence of the petitioners will be completed on or before 27th of this month on production of a copy of this judgment by the petitioner, so that after notice period the certificate will be issued to the petitioners, if their marriage is entitled to registration be registered.writ petition is disposed of as above. .....

Adv.Baby John Vs. State of Kerala

Court : Kerala

..... the learned counsel for the petitioner submitted that the petitioner has made arrangement to conduct marriage on 9.2.2015 at jubilee mandiram chappel at kottarakara in accordance with the religious custom prevailing among the christian community and also submitted that a joint application to register the marriage under the provisions of the special marriage act has already been issued on 28.1.2015 as evidenced by the receipt dated 28.1.2015 issued from the sub registrar office, kottarakara. ..... that being the approach of the 4th respondent/the father of the detenue and as the detenue wants to go along with the petitioner to solemnise their marriage, we are of the view that, the petitioner can be permitted to take miss.leena sam from the snv sadanam hostel at ernakulam where she is now accommodated as per the order of this court on 20.1.2015. ..... according to her, herself and the wpcr212015 3 petitioner were in love and the petitioner and his relatives approached the fourth respondent/her father towards the marriage proposal and thereafter, the relatives of the detenue visited the house of the petitioner. ..... however, after their return from his house, the fourth respondent, who is her father and all the relatives changed their attitude and she had overheard about their talk to send her to a mental asylum. .....

Petricia Vs. Purushothaman

Court : Kerala

Reported in : II(2006)DMC273; 2006(2)KLT800

..... the relevant portion from the said decision can be extracted as hereunder:the indian christian marriage act does not stand in the way of a christian marrying a non-christian, but such marriage will have to be solemnised under the provisions of the said act.13. ..... : 2000crilj1 , it was held that the validity of the marriage, for the purpose of summary proceedings under section 125 of the code, it is to be determined on the basis of the evidence brought on record by the parties. ..... it is beneficial to extract the relevant portion from the said decision as follows:if the claimant in proceedings under section 125 succeeds in showing that she and the respondent have lived together as husband and wife, the court has to presume that they are legally wedded spouses, and in such a situation one who denies ..... in these circumstances, as per settled position of law, the court can justifiably presume that there was a legal marriage between the parties, on account of the long cohabitation between them, particularly for the purpose of section 125 of the code.10. ..... in matters like this, where a claim is made for maintenance under section 125 of the code, the court must set it's mind attune to the frequency of the object of legislation, which is oft-reminded by the various judicial pronouncements across the country. ..... a petition was filed by the petitioner herein before the magistrate's court, claiming maintenance to herself under section 125 of the code of criminal procedure ('the code' for short). .....

A. Yousuf Rawther Vs. Sowramma

Court : Kerala

Reported in : AIR1971Ker261

..... section 2, clause (vii) vests in the woman, who has been given in marriage by her father or other guardian before she attains the age of 15 years, the right to repudiate the marriage before attaining the age of 18 years, provided that the marriage has ..... the proposal of divorce proceeds from the husband, it is called 'talaq', and when it takes effect at the instance of the wife it is called 'kholaa'' consistently with the secular concept of marriage and divorce, the law insists that at the time of talaq the husband must pay off the settlement debt to the wife and at the time of kholaa she has to surrender to the husband her ..... before the act 8 of 1939 (the dissolution of muslim marriages act 1939) a minor girl given in marriage by the father or the father's father, had no option to repudiate it on the attainment of her puberty but this has ..... argument in the sind ruling runs thus:'the muslim marriage differs from the hindu and from most christian marriages in that it is not a sacrament. ..... however, the assumption of the learned subordinate judge that if the marriage has been consummated section 2(vii) is excluded irrespective of the tender age of the female partner, may be ..... expatiated on the real significance of the option of puberty thus:'the marriage under muhammadan law is in the nature of a contract and as such requires the free and unfettered consent of the parties to it. ..... that the wife can buy a divorce only with the consent of or as delegated by the husband is also not wholly .....

Vijayakumari Vs. Devabalan

Court : Kerala

Reported in : AIR2003Ker363; I(2004)DMC667; 2003(3)KLT695

..... pw.1 stated that his mother mariya augustine was christian at the time of her marriage and that his father married her in hindu form and that after marriage her mother had never gone to church, that they are living as hindus and that none of the children of his parents was baptised in any church. ..... any two hindus, if the following conditions are fulfilled, namely:- (i) neither party has a spouse living at the time of the marriage; (ii) at the time of the marriage, neither party - (a) is incapable of giving a valid consent to it in consequence of unsoundness of mind; or (b) though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or (c) has been subject to recurrent attacks of insanity or epilepsy; (iii) the bridegroom has completed ..... d.w.4, the first defendant deposed that her father, fourth defendant was a christian and that he attended the syrian catholic church at kanjiramkulam regularly and that her marriage with the second defendant was conducted at the c.s.i. ..... section 5 of the hindu marriage act provides conditions for a hindu marriage, which reads as follows:5. ..... section 2(3) states that the expression 'hindu' in any portion ofthe act shall be construed as if it included aperson who, though not a hindu by religion,is, nevertheless, a person to whom this act applies by virtue of the provisions containedin the section. .....

Govindan Nadar Sreedharan Vs. Retna Bai Pushpa Bai

Court : Kerala

Reported in : 1978CriLJ1213

..... at the same time, the indian christian marriage act (xv of 1872) permits marriage between christians and non-christians solemnised in accordance with the provisions of ..... purpose of this case it is not necessary that the court should consider whether the ceremony fulfilled the conditions for a marriage under the indian christian marriage act. ..... 1970 cri lj 1721 (mad), the madras high court had to consider whether a christian woman undergoing a ceremony of marriage with a hindu male was entitled to maintenance under section 488, cr. p.c. ..... be that the hindu marriage act, 1955 does not contemplate a marriage between a hindu male and a christian female. ..... is that there cannot be a lawful marriage between the petitioner, a hindu and the respondent, a christian.5. ..... the decision of the criminal court that there was a marriage between barbara and sethurathinam and that it was a valid marriage will not operate as decisive in any civil proceeding between the parties for determining ..... that although the marriage was not strictly in accordance with mohammadan law, she was entitled to relief under section 488 cr. p.c. ..... held that the ceremony of marriage taken along with the fact that the parties thereto lived together and were known as husband and wife was sufficient to confer on the woman the status of wife for claiming maintenance under section 488 cr. p.c. ..... p1, marriage udampady, the respondent did not acquire the status of a wife and as such, she is not entitled to maintenance under section 125, cri .....