Court : Kolkata
Reported in : AIR1961Cal373,65CWN412
..... under section 19 of the indian divorce act, one of the grounds for declaration of nullity of marriage is :section 19(4) - that the former husband or wife of either party was living at the time of marriage and the marriage with such former husband and wife was then in force.as such the marriage between respondent no. ..... another woman with adultery' appears to be that there is 'bigamy with adultery when the second marriage is null and void under any law but still then there is co-habitation; 'marriage with another woman with adultery' happens when the second marriage, though taking place during the life time of either the husband or the wife is not void under any law and there is co-habitation between the husband and the last married ..... the court below came to the conclusion that both the husband and the wife were indian christians and were domiciled in india, the court below also found that the petitioner wife and the respondent no. ..... on 26th august next the respondent drove her out and left her at her father's place at 218 lalji shall road, dum dum, a point was taken that there was unreasonable delay in presenting the petition for divorce which was filed on 14th may, 1957. ..... the petitioner is now living at her father's place at 218, lalji shah road, dum dura which also is within the jurisdiction of the court of alipore. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1996Cal246,100CWN646
..... there is another inglorious circumstance which should not be overlooked as to' why the appellant-wife would put up a claim immediately after the marriage for conversion of her husband to christianity it should he borne in the mind that they were flesh and bone for the last 8 years before the marriage which in the state of materials on record could hardly generate a claim of her conversion to christianity after the marriage. ..... 2 aloka that gitika put up a claim of transfer of any property in her favour and conversion of subrata to christianity none of the claims has been christened, in the background of which, we cannot resist our temptation to hold that they are more royal than king.34. ..... it is in this background that we address ourselves to the question as to whether the ground for non-consummation of marriage has been proved along with the plea of fraud perpetrated by the appellant-wife in the state of materials on record. ..... the two predominant factors that weighed with the court for keeping in abeyance the consummation of marriage were the refusal to convey the properties of this mother in favour of dauther-in-law and the conversion of husband-petitioner to christianity from hinduism.26. ..... in respect of such presumptions the act allows the judge a discretion in each case to decide whether the fact which under section 114 may he presumed has been proved by virtue of that presumption.39. ..... 1 & his father p.w. ..... the petitioner-husband is the lone male issue of his father. .....
Tag this Judgment!Court : Karnataka
..... (l) in fact, the indian christian marriage act, 1872 was made applicable to the territory of pondicherry, but the same did not apply to renouncants of union territory of pondicherry and hence, by amendment a proviso was added to section 1 of the indian christian marriage act, 1872 to the effect that the said act would not apply to renouncants of union territory of ..... in view of the aforesaid discussion, it is held that neither the indian christian marriage act, 1872 nor the special marriage act, 1954 would apply to the parties 35 in the instant case, as they were married under french civil ..... in this case, we have to ascertain as to which provisions of the french civil code are applicable since we find that the marriage between the parties is neither solemnised under the provisions of the special marriage act nor under the provisions of the indian christian marriage act, 1872. ..... a reading of ex.p.35, it would indicate that the said marriage is not one solemnised under the provisions of special marriage act or under the indian christian marriage act, 1872. ..... , if this court were to come to a conclusion that the french civil code would apply to the parties, then under the said code, divorce could be granted under article 245-1 which is in the nature of mutual consent divorce and the parties may not have any objection to the same as both the parties have sought for divorce in the instant case. ..... the wife examined herself as p.w.1, her father as p.w.2 and got marked 63 documents as ex.p.1 to .....
Tag this Judgment!Court : Karnataka
..... (l) in fact, the indian christian marriage act, 1872 was made applicable to the territory of pondicherry, but the same did not apply to renouncants of union territory of pondicherry and hence, by amendment a proviso was added to section 1 of the indian christian marriage act, 1872 to the effect that the said act would not apply to renouncants of union territory of ..... in view of the aforesaid discussion, it is held that neither the indian christian marriage act, 1872 nor the special marriage act, 1954 would apply to the parties 35 in the instant case, as they were married under french civil ..... in this case, we have to ascertain as to which provisions of the french civil code are applicable since we find that the marriage between the parties is neither solemnised under the provisions of the special marriage act nor under the provisions of the indian christian marriage act, 1872. ..... a reading of ex.p.35, it would indicate that the said marriage is not one solemnised under the provisions of special marriage act or under the indian christian marriage act, 1872. ..... , if this court were to come to a conclusion that the french civil code would apply to the parties, then under the said code, divorce could be granted under article 245-1 which is in the nature of mutual consent divorce and the parties may not have any objection to the same as both the parties have sought for divorce in the instant case. ..... the wife examined herself as p.w.1, her father as p.w.2 and got marked 63 documents as ex.p.1 to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1996SC1011; 1996(1)CTC301; (1996)3GLR92; JT1996(1)SC57; 1996(1)KLT169(SC); 1996LabIC919; 1996(1)SCALE85; (1996)3SCC545; [1996]1SCR128; 1996(1)LC626(SC)
..... the christian marriage act permitted marriage between roman catholics ..... the concepts of 'equality before law' and 'equal protection of the laws' guaranteed by article 14 and its species articles 15(4) and 16(4) aim at establishing social and economic justice in political democracy to all sections of the society, to eliminate inequalities in status and to provide facilities and opportunities not only amongst individuals but also amongst groups of people belonging to scheduled castes (for short 'dalits')', scheduled tribes (for short ..... in the light of the constitutional philosophy of social integrity and national unity, right to equality assured by the human rights and the constitution of india, on marriage of a man and a woman, they become members of the family and are entitled to the social status as married couple, recognition per se is not a pre-condition but entitled to be considered, when evidence ..... common knowledge that with education or advance of economic status, young men and women marry against the wishes of parents and in many a case consent or recognition would scarcely be given by either or both the parties or parents of both spouses. ..... for the common entrance examination for 1985-86 she described herself to be daughter of natural father radhakrishna but in the application for admission made on july 13, 1985, she claimed that she was adopted by ..... was held that the false claim by fraud played by the guardian disentitled the candidate to the social status as a schedule tribe .....
Tag this Judgment!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. .....
Tag this Judgment!Court : Delhi
..... section 28 of the christian marriage act does not create a bar on grant of divorce by mutual consent.14. ..... jacintha kamath s case (supra) the question which had arisen was whether a christian marriage where one of the parties is hindu can be dissolved by a decree of divorce under section 13 of hma at the instance of either of the parties. ..... in stephen joshus s case (supra), the question which had arisen was whether a christian married under the christian marriage act could be granted divorce on the basis of mutual consent under special marriage act. ..... stating that the divorce can be granted only on the grounds which are available under a particular act under which parties have got married meaning thereby that since parties were married under the christian marriage act and under the said act there was no provision for grant of divorce by mutual consent and therefore their marriage could not be dissolved by mutual consent. ..... secondly even though the parties are hindus even then it could not be assumed that the marriage according to their customary rights could be dissolved by mutual consent because section 29(4) even though expressly laid down that nothing contained in hindu marriage act shall be deemed to affect the provisions under the special marriage act, 1954 has to be read in context of section 4 of the hindu marriage act which gives an overriding affect over the customary rights which were in existence under .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(3)ALLMR554; I(2002)DMC536
..... some time, they put in a joint petition under section 28 of the special marriage act for a decree of divorce by mutual consent in the court of learned district judge. ..... of mutual consent is available under section 28 of the special marriage act, 1954 and under section 13-b of the hindu marriage act. ..... case of christian husband, section 10 of the divorce act does not at all contemplate a ground of desertion for dissolution of marriage. ..... the learned additional district judge, ahmednagar passed the decree for dissolution of marriage on 23.3.1999 and after expiry of statutory period of six months, as contemplated in proviso to section 17 of the divorce act, the said decree is placed before us ..... after having lost all hopes, the petitioner husband filed marriage petition under section 10 of the divorce act in the district court at ahmednagar for getting a decree of divorce on the ground ..... has come down heavily on the discriminatory treatment given to the christian husband and submitted that section 10 is violative of article 14 of the constitution of india. ..... their marriage was solemnized under indian christian marriage act, ..... divorce on the ground of desertion is not known to section 10 of the divorce act so far as christian husband is concerned. ..... the writ petition filed by the christian husband has been dismissed by the supreme ..... rajesh married to respondent ujwala on 31.5.1995 as per christian religious rites. ..... original petitioner rajesh and original respondent ujwala profess christian religion. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1937Mad895; (1937)2MLJ590
..... section 19 of the act requires in the case of a minor's marriage, the consent of the father, if living, or if the father be dead, the guardian of the person of such minor, and, in case there is no such guardian, then the mother of the minor. ..... the appellants challenge this decision on the ground that it conflicts with the express provisions of the indian christian marriage act of 1872. ..... the last section we need refer to is section 77 which states that whenever any marriage is solemnized in accordance with the provisions of sections 4 and 5, it shall not be void merely on account of any irregularity in respect inter alia of the following matters:(i) any statement made in regard to the dwelling of the persons married, or to the consent of any person whose consent to such marriage is required by law;(ii) the notice of the marriage.4. ..... section 4 provides that every marriage between persons, one or both of whom is or are a christian or christians shall be solemnised in accordance with the provisions of section 5; and any such marriage solemnized otherwise than in accordance with such provisions shall be void. ..... the law is the same in england, and the indian christian marriage act of 1872 follows english legislation of a similar nature. ..... at the time of the marriage the second appellant was 18j years of age, and was a student at the women's christian college, madras. ..... the parties are all indian christians. .....
Tag this Judgment!Court : Karnataka
..... the only point canvassed by the learned counsel for the appellant is that when the parties are christians and their marriage has been solemnized as per the christians rites and registered under the indian christian marriage act, petition filed invoking the provisions of special marriage act for dissolution of their marriage was not maintainable. ..... their marriage was solemnized on 31.12.2007 as per the christians rites and it was registered on 31.12.2007 and the registration certificate indicated that the marriage was registered under the provisions of the indian christian marriage act 1872. 3. ..... thereafter, the settlement arrived at before the mediation centre was accepted by the court below dissolving the marriage solemnized between the parties on 31.12.2007 as per the provisions of the indian christian marriage act 1872. ..... considering the provisions of the indian divorce act and the special marriage act, the petition filed by the parties herein u/s 28 of the special marriage act, was not applicable to the parties. ..... (prayer: this mfa filed u/s 39 of the special marriage act, r/w sec.19(1) of the family courts act, against the order dt.08.06.2012 passed in m.c.no.3578/2011 on the file of the principal judge, family court, bangalore, allowing the petition filed u/s 28 of the special marriage act, for dissolution of marriage. ..... unfortunately, a joint petition was filed by the parties u/s 28 of the special marriage act 1954. ..... the parties herein are christians. .....
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