Court : Supreme Court of India
Reported in : AIR1977SC1724; (1977)3SCC540; [1977]3SCR538
..... periodical report from the churches regarding marriages solemnised therein, required under the indian christian marriage act 1872 showing that shri john's marriage was solemnised in st. ..... it is true that there is a slight discrepancy between the date of his baptism as entered in the marriage register and the date of his birth as admitted by him in the various applications he submitted for admission to various classes in college or for enrollment as an ..... high court found-and we think rightly - that this explanation for non-production of the original was thoroughly unsatisfactory, and unbecoming of any christian, more so, one connected with church affairs, that by this 'unholy act' of burning the register which was a violation of canon 777, paragraph 676, the witness (rw 5) had done 'great disservice to christianity and greater disservice to the cause of truth'.24. ..... is well settled that, a party's admission as defined in sections 17 to 20 fulfilling the requirements of section 21, evidence act, is substantive evidence proprio vigore. ..... 29, showing that shri john on the date of his marriage which took place in 1972, was 26 year old and had been baptis ed ..... p-3 which purports to have been signed by the guardian of shri john, declaring his age as 14-5-1946; (c) ex p-2, the ..... john be declared void and set aside under section 100 of the representation of the people act ..... court, however, declined to grant the further declaration under section 101 in favour of either of the election-petitioners.9. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1997Bom175; 1997(3)BomCR553; (1997)2BOMLR94; II(1997)DMC460; 1997(1)MhLj536
..... according to the petitioner, it was only because of suppression of the aforesaid fact, the said marriage materialised and, therefore, since his consent to the aforesaid marriage was obtained by suppression vari, he, the petitioner is entitled to get a decree of nullity of his marriage with the respondent under section 19 of the indian divorce act, 1869. 3. ..... 'nothing in this section shall affect the jurisdiction of the high court to make decree of nullity of marriage on the ground that the consent of either party was obtained by force or fraud. ..... 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. ..... in view of this, the petitioner, in this case has conclusively proved that the marriage solemnised between the petitioner and the respondent according to christian rites to 3-4-1986 was performed by the petitioner without having knowledge about the operation which the respondent underwent in dec. ..... it was stated in the said petition that the marriage of the petitioner and the respondent was solemnised as per the christian rites on 3-4-1983. .....
Tag this Judgment!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 .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1935Cal678,158Ind.Cas.791
..... course of this trial, ivan gilbert filed a complaint on 20th february 1935, against the accused under section 66(b), indian christian marriages act. ..... rule was issued on the ground that the age being required to be put in under the schedule to section 38, indian christian marriages act (15 of 1872), although not required by the section, the misdescription of the age in the notice form does not amount to an offence under section 66(b) of the act.2. ..... notice or no notice, such a marriage would not be valid, because the consent of the father or the guardian is required in the case of a minor who desires to marry, the minor under the provisions of this act being a person under 21 years of ..... but that does not dispose of the matter, because section 66 provides, inter alia, that whoever, for the purpose of procuring any marriage, intentionally makes any false oath or signs any false notice or certificate ..... point of law raised by the learned advocate for the petitioner, section 38 provides that notice shall be given in the form contained in schedule 1 thereto annexed, or to the like effect, and shall state therein the name, the surname and the profession or condition of each of the parties intending marriage, the dwelling place of each of them, the time during which each has dwelt therein and the place at which the marriage is to be solemnised. ..... this also would not absolve him from the penalties of the section, so long as he was aware that the girl's statement, which he entered in the notice .....
Tag this Judgment!Court : Chennai
Reported in : AIR1954Mad316; (1953)IIMLJ689
..... they were married under the christian marriage act, 1872, at cuddalore on 29-5-1945 ..... penzance in dealing with the case, after laying down the law that the ground of interference of the courts in cases of impotence is the practical impossibility of consummation said:"the invalidity of the marriage, if it cannot be consummated, on account of some structural difficulty, is undoubted; but the basis of the interference of the court is not the structural difficulty but the impracticability of consummation. ..... she submitted that it was a case of incurable impotence on behalf of the respondent towards the petitioner and that the marriage should be declared null and void on the ground of impotency.the respondent in his memorandum of objections denied that his male organ was so abnormally big as alleged by the ..... question to be decided in this case is whether the respondent can be held to be impotent at the time of the marriage and at the time of the institution of the suit from the facts which emerge from the uncontradicted evidence of the petitioner. ..... this is a petition under section 18, indian divorce act for a declaration that the marriage between the petitioner and the respondent is null and ..... under section 19(1) of the act, a decree for nullity of marriage can be made on that ..... the decree should be drafted in accordance with section 18 of the act and should declare the marriage between the petitioner and the respondent null and void ..... matter comes before us under section 17 of the act.2. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1974(7)WLN74
..... the petitioner and the respondent were married on december 4, 1959, under the indian christian marriage act the respondent gave birth to two male children. ..... in view of the provisions of the act a divorce on consent is not permissible and it is only possible if the misconduct as envisaged under section 10 of the act is established by either spouse. ..... section 47 of the act requires that every petition under the act for a decree of dissolution of marriage or of nullity of marriage or of judicial separation shall state that there is not any collusion or connivance between the petitioner and [the other party to the marriage. ..... is satisfied on the evidence that the case of the petitioner has been proved, and does not find that the petitioner has been in any manner accessory to, or conniving at the adultery of the other party to the marriage, or has condoned the adultery complained of or that the petition is presented or prosecuted in collusion with either of the respondents, the court shall pronounce a decree declaring such marriage to be dissolved under section 14 of the act. ..... this is a reference under section 17 of the indian divorce act (hereinafter called 'the act') for confirmation of a decree nisi for dissolution of the marriage of the petitioner fazal masih and his wife smt. ..... much less a petition for restitution of conjugal rights under section 32 of the act filed by the husband could be converted into one for divorce and then the decree for divorce granted on consent.4. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1981MP112
..... 1 was performed on 6-11-1972 under the indian christian marriage act. ..... blyth, ( (1966) 1 all er 524), since according to section 7 of the indian divorce act, the court should, as nearly as may be, act and give reliefs in proceedings under the act in conformity with the principles and rules on which the court in divorce and matrimonial causes in ..... the district judgehas under section 17 of the indian divorce act, referred for our confirmation the decree nisi, passed in favour of the petitioner and against his wife, therespondent no. ..... the decree of dissolution of marriage passed by the district judge, jabalpur is confirmed. ..... in view of the mandate in section 7 of the act that the principles and rules on which the court of divorce and matrimonial causes in england for the time being acts and gives relief should be applied by the indian courts, we feel that ..... 1 committed adultery and claimed dissolution of marriage by a decree of divorce. ..... it means voluntary sexual intercourse by one spouse with some person of opposite sex other than his or her spouse during the subsistence of the marriage. ..... marriage between the petitioner and the respondent no. .....
Tag this Judgment!Court : Delhi
Reported in : 44(1991)DLT25; 1991(20)DRJ196
..... 1 was solemnized at delhi on 11th march, 1971 according to indian christian marriage act. ..... these incidents gave rise to proceeding for divorce which the petitioning-wife made under section 10 of the divorce act in the court of learned district judge, delhi, which application was registered as ida no 532/88. ..... defined in the following manner in standard treatises, such as rydon on divorce, 10th edition:- 'consensual sexual intercourse between a married person and a person of the opposite sex, not the other spouse during the subsistence of the marriage,'(9) it it is not, however, necessary to adduce direct evidence in order to prove adultery. ..... in (1948) 77 clr 191 (supra), in view of the mandate in section 7 of the act that the principles and rules on which the court of divorce and matrimonial causes in england for the time being ads and gives relief should be applied by the indian courts, we feel that ..... (2) briefly, the relevant facts stated are that the marriage between the petitioner and the respondent no. ..... the definition of 'adultery' as given in section 497 of the indian penal code, is however too narrow and the word 'adultery' as mentioned in the said act cannot be restricted to such a definition as given in the indian penal code. ..... (1) the case has come to us on a reference made by additional district judge under section 17 of the indian divorce act. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1959]35ITR584(P& H)
..... hearing of the petition the learned counsel for the petitioner has raised a new ground and that is the according to the first proviso to sub-section (1) of section 35 of the act the petitioner has not been allowed by the income-tax officer a reasonable opportunity of being heard. ..... a legal fiction whereunder if on assessment of re-assessment of a firm or on any reduction or enhancement made in the income of a firm under the section of the act stated in that sub-section, the share of a partner in the profit or loss of the firm has not been included in the assessment of the partner, or, if included, is not correct, the inclusion of the share in the assessment or the correction thereof, as ..... in other words, any mistake being a mistake apparent from the record, even with the aid of new sub-section (5) of section 35 from april 1, 1952, gives power to the income-tax officer of rectification in the assessment of a ..... the learned counsel for the petitioner contends that even though sub-section (5) of section 35 operates from april 1, 1952, it is not retrospective so as to affect the vested rights of the petitioner already in existence before ..... of the legal fiction in section 35 (5) of the act operates from april 1, 1952, and from that date whenever the income-tax officer looks at the record of assessment of an assessee and finds mistake apparent from the record according to sub-section (5) of section 35, then he has power under sub-section (1) of that section to rectify that mistake. .....
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