Judgment Search Results Home > Cases Phrase: christian marriage act1872 section 44 consent of father or guardian Court: kerala Page 2 of about 13 results (0.033 seconds)

K. Devabalan and ors. Vs. M. Vijayakumari and ors.

Court : Kerala

Reported in : AIR1991Ker175; I(1991)DMC323

..... 1, the plaintiff deposed that his mother was a christian at the time a marriage, that his father had married her in the hindu form, that after the marriage his mother had never gone to the church and that his father and all his children are living as hindus. ..... according to explanation (b) to section 2(1) of the hindu succession act, 1956, hindu adoptions and maintenance act, 1956, and hindu marriage act, 1955 as also according to explanation ii to section 3(1) of the hindu minority and guardianship act, 1956 any child legitimate or illegitimate, one of whose parents is a hindu by religion and who is brought up as a hindu is a hindu.the supreme court held that the child born out of the marriage between a hindu male and a christian female is a member of the co-parcenary family.12. ..... in my view section 5 is only dealing with the requirements for a valid marriage between two hindus and it has no relevancy in considering the question whether a marriage between a hindu male and a christian female is a valid marriage. ..... under the codifying acts merely .the hindu marriage act 1955, the hindu succession act, 1956, the hindu minority and guardianship act 1956 and the hindu adoption and maintenance act, 1956, an extended meaning has been given to the expression 'hindu' in view of the explanation 1 to section 2(1) of the hindu succession act, 1956 and the hindu marriage act 1955 and also explanation ii to section 3(1) of the hindu minority and guardianship act, 1956 .....

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 .....

Leelamma Vs. Dilip Kumar Alias Kochaniyan

Court : Kerala

Reported in : AIR1993Ker57

..... section 3 of the indian christian marriage act, 1872 states that 'christians' mean, persons professing the christian religion ..... the wife consented to the marriage in december 1985, on three assumptions that the husband was a christian, that his parents were christians and that they belonged to an ancient christian family. ..... in that case, the wife consented to the marriage, believing the representation of the husband that he was a christian. ..... in the circumstances, it is held that the husband was not a christian at the time of marriage, though he represented to the wife that he was, and obtained her consent.10. ..... for each, and all of these reasons, the consent signified by the wife is no consent, in personal law or in canon law, and the marriage is null and void.16. ..... (canon 817)consent, which is vital to the validity of marriage, must be free and ..... canon 821 reads:'a person invalidly celebrates marriagewho is deceived by fraud perpetrated toobtain consent, concerning some quality ofthe other party, which by its very nature canseriously disturb the partnership of conjugallife.'15 ..... i find that the husband had made a false representation, knowing it to be so and obtained consent of the wife to marriage, by practising fraud.7. ..... the parties met in december, 1985 and the wife consented to marry the husband, in the belief that he was a christian, born of christian parents, belonging to an ancient family, that belief having been induced by the husband by making a representation to that effect .....

Venugopal.K Vs. Union of India

Court : Kerala

..... make a complaint in person, some other person authorised by the husband in accordance with the provisions of sub-section (4) may make a complaint on his behalf; (c) where the person aggrieved by an offence punishable under section 494 or 495 of the indian penal code (45 of 1860) is the wife, complaint may be made on her behalf by her father, mother, brother, sister, son or daughter or by her father's or mother's brother or sister or, with the leave of the court, by an other person related to her ..... - a marriage may be solemnized between any two hindus, if the following conditions are fulfilled, namely:- (i) neither party has a spouse living at the time of 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) through 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 ..... counsel for the petitioner, advocate rajit, submitted that section 494 ipc does not distinguish a hindu/muslim/christian in so far as the committal of the offence ..... the forgoing discussion we are of the view that section 494 does not discriminate between an offender belonging to hindu/muslim/christian male or female belonging to any cast or creed and can be proceeded with under section 494 of the indian penal code provided ingredients of section 494 are made out. .....

Vinaya Nair Vs. Corporation of Cochin

Court : Kerala

Reported in : AIR2006Ker275; 2006(3)KLT17

..... including a virashaiva, a lingayat or a follower of the brahmo, prarthana or arya samaj,(b) to any person who is a buddhist, jaina or sikh by religion, and(c) to any other person domiciled in the territories to which this act extends who is not a muslim, christian, parsi or jew by religion unless it is proved that any such person would not have been governed by the hindu law or by any of the matters dealt with herein if this act had not been passed. ..... state of jammu and kashmir, and applies also to hindus domiciled in the territories to which this act extends who are outside the said territories.previously the words 'domiciled in india' found a place in sub-section (2) of section (1) which was later changed and the words 'domiciled in the territories to which this act extends' was substituted making the act applicable to all hindus with such domicile who may for the time ..... sub-clause (c) states that the act applies to any other person domiciled in the territories to which the act extends who is not a muslim, christian, parsi or jew by religion, unless it is proved that any such person would not have been governed by the hindu law or by any custom or usage as part of the law ..... court interpreting sub-section (2) of section 1 of special marriage act and section.4 and section 4(e) of the act held that the marriages could be solemnized in india between any two persons whether both of them are indian nationals or one of them is a foreign, national or both of them are foreign nationals .....

Grace Sheela Joseph Vs. P.K. George Vaidian

Court : Kerala

Reported in : AIR1989Ker234

..... 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 ..... of the act of 1954 even those whose marriages have been solemnized either before or after the commencement of the act of 1954 in any other form or under any other enactment may get their marriages registered under section 15 of the act, provided the conditions of that provision are satisfied and in such an event the marriage shall, as from the date of entry in the 'marriage certificate book', be deemed to have been solemnized ..... the legitimate children of their parents : provided that nothing contained in this section shall be construed as conferring upon any such children any rights in or to the ' property of any person other than their parents ..... 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 .....

Durga Dutt Sarma Vs. Navaratna Pharmaceutical Laboratories

Court : Kerala

Reported in : AIR1962Ker156

..... whether the word 'navaratna' a descriptive word in ayurvedic medicines, has, by the firm's long user, 'acquired such a secondary distinctive meaning asto justify its being registered as the firm's trade mark under section 6 of the trade marks act, 1940; and whether the name 'navaratna pharmaceutical laboratories' has been correctly registered as the firm's trade mark, so as to justify the firm claiming injunction against imitation of ..... the house of lords held that even though the mark might have acquired such distinctiveness, the registrar of trade marks in considering whether it fell within section 9(1) (e) of the trade marks act, was still bound under sub-section (3) to have regard to the extent to which it was 'inherently adapted to distinguish' the goods in question; and, inasmuch as it was not ..... in this connection, it if well to remember that the word was registered as the trade mark under section 6 of the cochin trade marks act, which is similar to section 6 of the indian trade marks act, 1940, and reads as follows:-- ''6 (1) a trade mark shall not be registered unless it contains or consists of at least one of the following essential particulars namely:-- (a) the name of a company, ..... 233 of 1951 asking lor an injunction, had by then been filed in the district judge's court, and section 72(a) of the trade marks act, 1940, provides that if any suit or other proceedings concerning the trade mark in question be pending before a high court or a district court, the application .....

Ammini E.J. and Etc. Vs. Union of India (Uoi) and ors.

Court : Kerala

Reported in : AIR1995Ker252

..... to note that law commission 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. ..... was also an alternative contention that in the matter of dissolution of marriage christian spouses are discriminated against in as much as section 10 of the act does not provide for dissolution of marriage on the ground of cruelty and desertion which are independent grounds for dissolution of marriage for couples belonging to all other religions in india under the respective enactments ..... of england thus : 'desertion is the separation of one spouse from the other, with an intention on the part of the deserting spouse of bringing cohabitation permanently to an end without reasonable cause and without the consent of the other spouse; but the physical act of departure by one spouse does not necessarily make that spouse the deserting party'. ..... if there were a law which forbade thetaking a partner, a guardian, a manager, a companion, except on the condition of alwayskeeping him, what tyranny, what madness it ..... yet a husband is a companion, a guardian, a manager, a partner, and more yet; and still, in the greater part of civilised countries, a husband cannot be .....

Mary Sonia Zachariah Vs. Union of India (Uoi) and ors.

Court : Kerala

Reported in : II(1995)DMC27

..... be held to be discriminatory on the ground of sex alone and thus to be ultra vires article 15 of the constitution countermanding any discrimination on such ground.................then again, under the divorce act, christian spouses are not entitled to dissolution of marriage on the ground of cruelty or desertion, but are only entitled to judicial separation under section 22 which shall have the effect of a divorce, a mensa et toro, that is separation only from 'bed and board', whereunder matrimonial bond remains undissolved. ..... halsbury's laws of england thus:'desertion is the separation of one spouse from the other, with an intention on the part of the deserting spouse of bringing cohabitation permanently to an end without reasonable cause and without the consent of the other spouse; but the physical act of departure by one spouse does not necessarily make that spouse the deserting party. ..... the couples have lost mutual love and regard the celebrated author jeromy bentham has this much to say in his book 'theory of legislation':'..if there were a law which forbade the taking a partner, a guardian, a manager, a companion, except on the condition of always keeping him, what tyranny, what madness it would be called! ..... yet a husband is a companion, a guardian, a manager, a partner, and more yet; and still, in the greater part of civilised countries, a husband cannot be had except for life.to live under the perpetual authority of a man you hate, is of itself a state of slavery; but to .....

George Sebastian Alias Joy Vs. Molly Joseph Alias Nish

Court : Kerala

Reported in : AIR1995Ker16; II(1995)DMC168

..... (1988)i 2 ker lt 890 : (1989 cri lj 1527) that 'marriage between the parties creates civil rights and the ecclesiastical tribunals have no jurisdiction to annul marriages involving the civil rights of parties' and concluded 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 divorce act. ..... christian marriage was indissoluble, but divorce a mensa et thoro (in the nature of the present day judicial separation) was granted for ..... in the second paragraph of section 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) has ..... there is a danger that two parties can colhisively cause a petition to be filed alleging any particular ground for declaring the marriage null and void and the other side can simply admit the same and thereby present an admitted version regarding the ground for nullity ..... counsel for the respondent contended that since the ecclesiastical tribunal has already annulled the former marriage between respondent and prince joseph long before the present marriage the ground envisaged in section 19(4) of the divorce act is not available. ..... in the aforesaid decision that the marriage is liable to be declared null and void unless the consent signified is a consent recognised in personal law or canon law is too broad a proposition for ..... learned judge took the view that wife's consent was obtained by fraud.21. .....