Judgment Search Results Home > Cases Phrase: christian marriage act1872 section 44 consent of father or guardian Page 10 of about 111 results (0.062 seconds)

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. ..... from the reading of the evidence on record 1 form the impression that at the time of his marriage on december 1, 1973, the petitioner who was younger to the respondent by fifteen years and professed hindu religion--the respondent was a christian--was closer to 'life' and away from the orthodox customs and creeds of the strata of society to which he belonged and now when the tide of youth is reversed, he is out to get rid of the respondent on one ..... 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 ..... by now, it is well laid down that while called upon to confirm a decree for dissolution of marriage, made by a district judge under the act, the high court is entitled and rather obliged to review the whole evidence and come to an independent finding whether the facts proved on record justify the granting of ..... in september, 1981, according to him, he happened to visit calcutta to attend the marriage of one of his relatives and before returning to chandigarh he thought of paying a visit to the flat of the ..... 1 (his father) and lt. co. h. .....

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. ..... or usage to the contrary, in all questions (save questions relating to agricultural land) 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 talaq, ila, zihar, lian, khula and mubaraat, maintenance, dower, guardianship, gifts trusts and trust properties, and wakfs (other than charities and charitable institutions and charitable and religious endowments) the ..... 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). ..... it was laid down by their lordships that the muslim girl, who had attained the age of puberty, can marry without the consent of her parents under the mahommedan law.7. .....

Martha Samadhanam David Vs. Sudha

Court : Karnataka

Reported in : AIR1950Kant26; AIR1950Mys26

..... it is thus clear that marriage in accordance with hindu or mahomedan law which allows polygamy cannot be basis for holding that a second marriage in invalid unlike the case of a christian marriage which does not allow polygamy and invalidates a second marriage during the lifetime of the first husband or wife.in short, as observed by lord pemmener in hyde ..... the decisions that deal with cases of conversion from hinduism are applicable to cases of conversion into hinduism to the extent that in both kinds of cases, the marriages prior to conversion have been regarded as valid for the purpose of considering whether an offence under section 494, penal code is committed when the converted persons marry again after conversion during the lifetime of the first wife or husband, but whether they commit an offence under ..... 131, it was observed that 'mere conversion to mahomedanism does not dissolve a hindu marriage' and the conviction under section 494, penal code of a hindu wife marrying after conversion to mahomedanism during the lifetime of her hindu husband was ..... the law in england might be, we are governed in india by the wording of section 494, penal code, and an offence of bigamy is committed only if the second marriage is void on account of the first marriage. ..... according to section 494, penal code, therefore, 'whoever having a husband or wife living married' is punishable only 'in any case in which such marriage is void by reason of its taking place during the life of such husband or .....

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 .....

Sujatha Vs. Jose Augustine

Court : Karnataka

Reported in : II(1994)DMC442

..... 651) would show that, indian christian marriage act in force in other parts of the country has not been extended to the areas falling within the jurisdiction of the erstwhile high courts of travancore and travancore-cochin and that it is the canon law that would govern the marriages among the christians in those areas to which indian christian marriage act has not been made applicable. ..... principles contained in the above canons governing baptism and marriage would show that a marriage between a baptised christian and a person not baptised is void (canon ..... no case for the parties that the marriage among latin christians in the concerned locality as governed by ..... inclined to hold that the petitioner has never become a christian by faith or by receiving baptism and as such her marriage with the first respondent is void being a marriage between a baptised christian and a not baptised non-christian.10. ..... intimidation and coercion alleged to have been practised by the first respondent to persuade the petitioner to enter into a marriage agreement on 1.1.1989 and to live with him in his house also, there is total absence of any reliable ..... sought for a declaration of her marriage with the first respondent as null and void on the ground that her consent for the marriage was obtained by force, fraud, coercion ..... original petition is one filed under section 18 of the indian divorce act, 1869 (for short 'the act') for a decree declaring the marriage between the petitioner and the first ..... the father of the .....

Pramilla Khosla Vs. Rajnish Kumar Khosla

Court : Delhi

Reported in : AIR1979Delhi78; 14(1978)DLT22B

..... on the mistaken assumption that in her petition the wife had said that she was a christian at the time of the marriage, the husband now further pleaded that the marriage itself was invalid, because a marriage according to arya samaj rites could not validly be performed unless both parties were hindus. ..... the proviso now makes it clear that, notwithstanding section 7, the court is not to be deprived 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 ..... (16) this does mean that, in respect of a hindu marriage, relief can be bad both under the hindu marriage act and the indian.divorce act if one of the parties is a christian when proceedings are commenced, though why anyone should wish to resort to the older act when a.more modern and liberal one is available i cannot ..... dassi 18 cal 252, that a marriage between hindus, who afterwards became converts to christianity, could be dissolved under the indian divorce act as the petitioner was a christian at the time of presenting the petition ..... can now be had under that act in respect of a hindu marriage provided, of course, one of the parties professes the christian religion when the petititn is filed. ..... question as to the validity of the marriage arises from the petition itself, as it does not say whether the wife was a christian or a hindu at the time of the marriage, and there is a presumption that a ceremony of marriage is valid. .....

Ka Dymmiew Silty Giri Vs. U. Moonly Passah

Court : Guwahati

..... grounds on which a christian marriage may be dissolved have been set forth in section 10 of 'the act ..... the parties are christian; they were married under the christian marriage act and the said marriage was duly solemnised on 5-4-1975 ..... proved that they were married on 5-4-1975 under the christian marriage act and the marriage was solemnised by rev. l. ..... it has been ruled that matrimonial jurisdiction and criminal jurisdiction are distinct and separate; but the terms of section 14 of 'the act' make it clear that when the court is 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 ..... we would like to observe that the court is not bound to pronounce a decree for dissolution of marriage even when the petitioner proved his/her case if it finds that the petitioner has been guilty of adultery or that the petitioner has been guilty of 'unreasonable delay in presenting or prosecuting such petition' or ..... result of the foregoing discussions we confirm the decree for dissolution of the marriage made by the learned judge under section 17 of the act. ..... a decree for dissolution of a marriage has been expressly prohibited under section 12 of 'the act'. ..... section 11 makes it obligatory on a husband, in a petition for dissolution of marriage on the ground of adultery, to make the adulterer a co-respondent unless he is exempted or excused by the court on one of the three grounds mentioned in the section .....

Most. Rajani Hembrom Vs. Mery Murmu

Court : Jharkhand

..... that as per section 4 of the christian marriage act no marriage can take place between hindu santhal and christian and came to a conclusive finding that the appellant is not the legally married wife of late sanatan tuddu and rejected her claim for maintenance under section 125 cr.p.c. ..... the objector-respondent also stated that she was married with the said late sanatan tudu and the marriage was registered on 21.12.1990 before the special marriage officer, pakur and out of said wedlock she has got a son, namely, sandeep kumar tudu, who is ..... about 30-32 years back with late sanatan tudu, who was a christian and most.rajani hembrom is a hindu, but her marriage took place at dhobna mission church. ..... also admitted that when sanatan tudu died then he was worried according to the christian rites and no 'saradh' ceremony was held as per the hindu rites.12. ..... and she is not christian and he had not seen the marriage of most. ..... of p.w.4, shishu soren, who was examined and cross-examined on 12.1.2004 that there is no document which can prove late sanatan tuddu was a christian and accepted the appellant as his wife during his lifetime. ..... about 30-32 years back with late sanatan tudu at dhobna church and she herself admits that her name was entered in the marriage register in the church, but no such register was brought on record. ..... she also filed a document that her son, albind tudu and father's name was also entered in the bihar school examination board as late sanatan tudu, hence she is the rightful .....