Judgment Search Results Home > Cases Phrase: christian marriage act1872 section 5 persons by whom marriages may be solemnized Page 1 of about 114 results (0.056 seconds)

Mt. Titli Vs. Alfred Robert Jones

Court : Allahabad

Reported in : AIR1934All273; 153Ind.Cas.733

..... christian marriage act, inter alia, lays down how and by whom marriages are to be solemnized. ..... section 5 of the act lays down the rule on the point, and section 4 says that any marriage not solemnized in accordance with the provisions of section 5 shall ..... to the conclusion that the petitioner is not an idiot within tha meaning of section 19, divorce act, that he understood the nature of the marriage transaction in which he entered and that the marriage cannot be declared as a nullity on any of the grounds mentioned in section 19, divorce act, or on the ground of want of intelligent consent. ..... with respect to defects of the mind, they are of two kinds: the mind may be originally so deficient as to be incapable of directing the person in any matter which requires thought or judgment, which is ordinarily called idiocy; or the defect may arise from the weakening of a mind, originally strong by disease, or some accident of a physical nature, by which memory is lost and the, faculties are paralysed, although there is no perversion of the mind, nor any species of ..... indeed, it seems that a suit for a declaration that a marriage is null and void on grounds other than those mentioned in section 19, divorce act, would be a suit under the specific relief ..... church says that certain rules should be observed but that non-observance will not render the marriage void, there is nothing in section 5, indian christian marriage act (1872), which says that such a marriage is to be declared void by a court.9. .....

Capt. A.C. Smyth Vs. Mrs. Hannah Smyth

Court : Kolkata

Reported in : AIR1951Cal293

..... according to him, under section c, indian christian marriage act (xv [15] of 1872), a marriage in which one of the parties is a christian has got to be solemnised according to the indian christian marriage act, and section 5 lays down by whom or where such marriages may be solemnised. ..... his contention is that though the marriage may be solemnised under indian christian marriage act, the validity of the marriage in view of section 88 of the act must be determined by the personal law of the parties. ..... ) decided on 9-3-1945 that the prohibition referred to there in section 88 must be an absolute impediment or a total incapacity according to the personal law and not an impediment or incapacity which is dependant upon the fact that the marriage is a sacrament or on the form of marriage, re-solemnization of the marriage amongst the followers of a particular religion and those who do not profess it are not allowed to be solemnised by ministers of a particular faith ..... one of the persons before whom such a marriage can be solemnised is a marriage registrar appointed under the act ..... section 88 runs thus :'nothing in this act shall be deemed to validate any marriage which the personal law applicable to either of the parties forbids him or her to enter into ..... the circumstances, it has not been shown as far as evidence goes in the present case that the marriage in the present case is prohibited according to personal law of the parties. ..... parties were no doubt married before such a marriage registrar. .....

Queen Empress Vs. R. Fischer

Court : Chennai

Reported in : (1896)6MLJ478

..... who are authorize to solemnize a marriage, and section 56 provides a penalty against unauthorized persons performing such ceremony in these words.whoever, not being authorised under the sixth section to solemnize a marriage shall, from and after the commencement of this act, in the absence of a marriage registrar of the district in which such marriage is solemnized, knowingly and wilfully solemnize a marriage, between persons, one or both of whom shall profess the christian religion, shall be punished with imprisonment of either description, as defined in the indian penal code, which may extend to ten years ..... 56th, running as follows :--' whoever, not being authorized under section 6 to solemnize a marriage shall, from and after the commencement of this act, in the absence of a marriage registrar of the district in which such marriage is solemnized, knowingly and wilfully solemnize a marriage between persons, one or both of whom shall profess the christian religion, shall be punished with imprisonment of either description, as defined in the indian penal code, which may extend to ten years, and shall also be liable to fine; or in lieu of a sentence of imprisonment for seven years or upwards .....

Queen-empress Vs. Fischer

Court : Chennai

Reported in : (1891)ILR14Mad342

..... words:whoever, not being authorised under the sixth section to solemnise a marriage shall, from and after the commencement of this act, in the absence of a marriage registrar of the district in which such marriage is solemnised, knowingly and wilfully solemnise a marriage between persons, one or both of whom shall profess the christian religion, shall be punished with imprisonment of either description, as defined in the indian penal code, which may extend to ten years, and shall also ..... running as follows:whoever, not being authorized under section 6 to solemnise a marriage shall, from and after the commencement of this act, in the absence of a marriage registrar of the district, in which such marriage is solemnised, knowingly and wilfully solemnise a marriage between persons, one or both of whom shall profess the christian religion, shall be punished with imprisonment of either description, as defined in the indian penal code, which may extend to ten years, and shall also be ..... the section is as follows:-' whoever, not being authorised under this act to solemnise a marriage in the absence of a marriage registrar of the district in which such marriage is solemnised, knowingly solemnises a marriage between persons one or both of whom is or are a christian or christians, shall be punished with imprisonment which may extend to ten years or (in lieu of a sentence of imprisonment for seven years or upwards) with transportation for a term of not less than seven years and not exceeding .....

Rahul Verma Vs. State of Rajasthan and Others

Court : Rajasthan Jodhpur

..... so far as the indian christian act, 1872 is concerned, part i of the said act deals with the provisions as to the persons by whom marriages may be solemnized. ..... even as per section 6 of the births, deaths and marriages registration act, 1886, the establishment of general registry, of which the registrar general of births, deaths and marriages is in charge, is established for keeping the certified copies of registers of births and deaths registered under the said act of 1886, or marriages registered under the other acts including the indian christian marriage act, 1872. ..... accordingly as per section 27 all marriages solemnized in india between the persons one or both of whom professes or profess the christian religion, except marriages solemnized under part v or part vi of this act, are required to be registered in the manner prescribed in the part iv of the act. ..... there are five categories of persons mentioned in section 5 who can solemnize the marriage between the persons, one or both of whom is or are a christian or christians. ..... the petition has been resisted by the respondent/s by filing the reply contending interalia that as per section 20 of the rajasthan compulsory marriage registration act, 2009, the provisions of the said act do not apply to the marriages solemnized under the indian christian marriage act, 1872, and therefore no direction against the respondent no.2 as sought for in the petition could be given. .....

Peter Philip Saldanha Vs. Anne Grace Saldanha

Court : Mumbai

Reported in : (1930)32BOMLR17

..... the domicile of the parties was goan, the law of goa, whatever it might be, was irrelevant, because the indian christian marriage act of 1872 provided forms for the solemnisation of marriage in india of persons professing the christian religion, regardless of their domicile, and by section 88 reserved to them their personal law, which was the canon law. ..... the decision in this case depends upon the proper construction of section 88 of the indian christian marriage act, 1872, which is in these terms:-nothing in this act shall be deemed to validate any marriage which the personal law applicable to either of the parties forbids him or her to ..... from that date this code is the personal law of roman catholics within the meaning of section 88 of the indian christian marriage act,-as being the law of the church ..... section 4 provides that marriages between persons one or both of whom is or are a christian or christians shall be solemnised in accordance with the provisions of section ..... . the parties of their own free will went through the ceremony which the law provided as one of the methods of solemnising their marriage, and whatever condition they may have contemplated in their own minds as one which should be fulfilled before actual consummation took place, the fact remains that they were legally and unequivocally married from the moment ..... act however is only concerned with the forms in which the marriage is to be solemnized, and does not deal with objections to the validity of the marriage.13. .....

Peter Philip Saldanha and ors. Vs. Anne Grace Saldanha

Court : Mumbai

Reported in : 124Ind.Cas.776

..... . apart from any question that may arise in the present case in connection with the personal law of the parties concerned, it is admitted that all the conditions necessary for the due solemnisation of marriage under part v of the indian christian marriage act, 1872, were properly fulfilled and the marriage thus solemnised before the registrar in bombay would be valid in ..... i of the act deals with the person by whom marriages may be solemnised. ..... section 4 provides that marriages between persons one or both of whom is or are a christian or christians shall be solemiused in accordance with the provisions of section ..... by section 5 marriages may be solemnised in india by any of the persons therein mentioned, including '(4) by, or in the presence of, a marriage registrar appointed under this ..... . the defendants appeal, and the main point that arises for consideration is, whether the marriage solemnized before the registrar on june 14,1828, was vaild in law, the ground on which it is attacked being, in short, that the personal law by which the parties are governed insists on a formal religions ceremony in the presence of the ..... . the parties of their own free will went through the ceremony which the iaw provided as one of the methods of solemnising their marriage, and whatever condition they may have contemplated in their own minds as one which should be fulfilled before actual consummation took place, the fact remains that they were legally and unequivocally married from the moment the ceremony .....

Asirvadam Samuel Nadar Vs. Raja Jothi and anr.

Court : Chennai

Reported in : II(1998)DMC137; (1997)IIMLJ449

..... it reads thus:'persons by whom marriages may be solemnised in india :(1) by any person who has received episcopal ordination; provided that the marriage be solemnised according to the rules, rites, ceremonies and customs of the church of which he is a minister;(2) by any clergyman of the church of scotland provided that such marriage be solemnised according to the rules, rites, ceremonies and customs of the church of scotland;(3) by any minister of religion licensed under this act to solemnize marriages;(4) by, or in the presence of, a marriage registrar, appointed under this act;(5) by any person licensed under ..... 1030 (kolandaivelu, in re), it was held that 'a hindu by religion performing a marriage according to the hindu code between two persons one of whom is a christian, commits an offence under section 68 of the christian marriage act. ..... section 4 of part i of the said act says thus:'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 the next following section; and any such marriage solemnised otherwise than in accordance with such provisions shall be void'. ..... smine, the learned judge said that the word 'solemnised' in section 5, christian marriage act means 'celebrated' and refers to the ceremony only; the learned judge further said that 'section 5, christian marriage act, deals only with the ceremony and the person who may perform it'.21. .....

A.A. Balasundaram Vs. A. Vijayakumari and anr.

Court : Andhra Pradesh

Reported in : 1991CriLJ2254; I(1991)DMC149

..... it is next submitted that according to section 4 of the indian christian marriage act, marriage between two christians or one of whom is a christian shall be void, if it is not solemnised in accordance with the provisions of section 5 of the said act; and since it is not admittedly so performed, the contention advanced is that the marriage should be declared void. 12. ..... it may be that the hindu marriage act, 1955 does not contemplate a marriage between a hindu male and a christian female. ..... it is to be borne in mind that the rigour of voidness covered by section 4 of the indian christian marriage act is stressed and attached more to the persons that officiate in the solemnisation of the marriages, and it does not envisage as regards the validity or otherwise of a marriage simpliciter that took place between a hindu and a christian. ..... commencement of this act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely :- (a) that the marriage has not been consummated owing to the impotence of the respondent; or (b) that the marriage is in contravention of the conditions specified in clause (ii) of section 5; or (c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner was required under section 5 as it stood immediately before the commencement of the child marriage restraint (amendment) act, 1978, the consent .....

Rev. Father Caussavel Vs. Rev. Saurez

Court : Chennai

Reported in : (1896)ILR19Mad273

..... the indian christian marriage act of 1872 modified by act xii of 1891 enacts (section 5) that marriages may be solemnized in india-(i) by any person who has received episcopal ordination, provided that the marriage be solemnized according to the rules, rites, ceremonies and customs of the church of which he is a minister;(ii) by any clergyman of the church of scotland, provided that such marriage, be solemnized according to the rules, rites, ceremonies, and customs of the church of scotland;(iii) by any minister of religion licensed under this act to solemnize marriages;(iv) by, or in presence of, a marriage registrar appointed under ..... the act;(v) by any person licensed under this ..... part i of the act relates to the persons by whom marriages may be performed and section 5 enumerates them by classes. .....