Judgment Search Results Home > Cases Phrase: christian marriage act1872 section 68 solemnizing marriage without due authority Page 1 of about 14 results (0.055 seconds)

Rev. Father Caussavel Vs. Rev. Saurez

Court : Chennai

Reported in : (1896)ILR19Mad273

..... the accused was charged under the indian christian marriage act with solemnizing marriages without authority and without publishing or causing to be affixed notices of such marriage, and thereby committing offences under the said act.3. ..... is headed 'penalties' and section 70 provides a penalty, if any minister of religion licensed to solemnize marriages under the act willfully solemnizes a marriage under part iii of the act without a notice in writing***and section 73 enacts that 'whoever being authorized under this act to solemnize a marriage,and not being a clergyman of the church of england solemnizing a marriage after due publication of banns, or under a license from the anglican bishop of the diocese or a surrogate duly authorized in that behalf,or, not being a clergyman of the church of scotland solemnizing a marriage according to the rules, rites ..... 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 .....

Jose Vs. Alice and anr.

Court : Kerala

Reported in : 1989CriLJ1527

..... the minister who had received episcopal ordination and had solemnized the marriage in accordance with sub-section (1) of section 5 of the indian christian marriage act of 1872 should be presumed to have ensured that the parties had given free consent for the marriage and such presumption will hold the field until the high court passes a decree of nullity of marriage on the ground of force or fraud in obtaining the consent.16. ..... this decision also is not an authority for a case like this where the validity of the marriage is to be adjudged in the light of section 19 of the indian divorce act.12. ..... and void when the aggrieved spouse elects to avoid it.the learned judge has given a purposive interpretation of the word 'void' occurring in section 18 (wrongly stated as section 19) to come to the above conclusion that in regard to grounds in respect of which the parties cannot condone, the marriage is void even without a declaration to that effect and in regard to the other grounds the marriage is only voidable at the option of either of the parties and can be declared void by a decree of court under ..... lord panzance and john martin (1880-1) 6 ac 424:i think that there is authority for saying that the temporal court, proceeding in prohibition to restrain excess of jurisdiction in the court of ecclesiastical, is not bound by a decision of even the highest court of appeal in ecclesiastical matters.8. .....

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 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. ..... on a similar anology as noted supra, even a marriage under this act, if performed between a hindu and a christian both or one of whom is an indian citizen, cannot be held to be void on the ground that it is not performed in accordance with the provisions of section 5 of the indian christian marriage act. 13. ..... such a marriage cannot be held to be void on the ground that it was not performed according to the provisions of section 5 of the indian christian marriage act. ..... the wife filed a petition alleging that the marriage between herself and the revision petitioner took place on 7-2-1987 at rajahmundry in a temple as per hindu rites and that due to estrangement of relations, she was forced to be away from the husband and live with her parents. .....

Gnanamuthu Udayar and anr. Vs. Anthoni and ors.

Court : Chennai

Reported in : AIR1960Mad430

..... meaning of the word 'solemnize' in section 4 of the christian marriage act has been explained and it was held that marriages of christians with persons who are not christians must be solemnized in one or other of the manners provided in the act, that the general effect of the act is to require that every marriage where one of the parties is a christian must as a condition of validity be solemnized in one of the prescribed forms, excluding the form prescribed by section 9 unless both the parties are native christians and that the act ..... the sanction of his bishop who was appointed by the patriarchit was held that s, having received episcopal ordination was authorized to solemnize the marriage according to the rules, rites, ceremonies and customs of his church and that it was not shown that a marriage solemnized with the roman ritual under the sanction of the bishop of the syrian church was not solemnized according to the rules, rites, ceremonies and customs of the syrian church.in kolandaivelu v. j. ..... 19 mad 273, the facts were: s, an episcopally ordained priest of the syrian church under the jurisdiction of the patriarch of antioch, solemnized two marriages according to roman ritual without publishing or causing to be affixed the notices of such marriages required by part iii of the indian christian marriage act. ..... a putatively valid marriage is one contracted with due observance of the prescribed form, but with an invalidating impediment, the existence of which is unknown to one of .....

K.J.B. David Vs. Nilamoni Devi

Court : Orissa

Reported in : AIR1953Ori10; 19(1953)CLT34

..... roy counsel for the petitioner, urged that marriage amongst indian christians was regulated by the provisions of indian christian marriage act, 1872, and that where the fact ofmarriage was disputed, it was the duty of the opposite party to prove affirmatively that the marriage was solemnized in accordance with the provisions of section 5 of that act. ..... to affirmatively establish that the marriage was solemnized in accordance with the provisions of section 5 of the indian christian marriage act.9-11. ..... but there is no evidence to show who that pastor is and whether he is a minister of religion licensed under the indian christian marriage act to solemnize marriages or licenced to grant certificates of marriage between native christians. ..... the aforesaid pieces of evidence (which have been accepted by the court of fact) are sufficient to prove marriage and if the petitioner challenges the validity of the marriage it is his duty to establish affirmatively that the provisions of section 5 of the indian christian marriage act were not complied with or else that the marriage was invalid for other reasons. ..... i have not been shown any authority in support of the view that a person cannot profess christianity unless and until be is baptised. ..... doubtless i the opposite party had produced before the court a certified copy of the marriage certificate then under the provisions of section 80 of that act marriage can be said to have been proved without further evidence. .....

Rahul Verma Vs. State of Rajasthan and Others

Court : Rajasthan Jodhpur

..... 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 ..... pertinent to note that there being special provisions contained in the christian marriage act, 1872 for the registration of marriages solemnized in india between the persons who profess christian religion, the rajasthan compulsory marriage registration act, 2009 is not applicable to the marriages solemnized under the christian marriage act, 1872. ..... thus, the office of registrar general births, deaths and marriages is neither authorised to register the marriages of christians solemnized under the indian christian marriage act, 1872 nor is authorised to issue certificate under the ..... her, the petitioner has an option to get his marriage registered either under the christian marriage act, 1872 or under the special marriage act, 1954, and the respondent no.2 being the authority under the births, deaths and marriages registration act, 1886, should be directed to register his marriage. ..... for the petitioner vehemently submitted that the petitioner is being sent from pillar to post by the respondent authorities for the registration of his marriage, though it is his important right to get his marriage registered. .....

John Soloman Gundi Vs. Sushila John Gundi

Court : Karnataka

Reported in : ILR1986KAR66

..... from the order of the learned sessions judge that it was contended on behalf of the petitioner obviously for the first time in the revisional court that the marriage of the respondent with the petitioner has not been solemnized in a church as per the rules and customs as stipulated under sections 4 and 5 of the indian christian marriage act, 1872, and so the said marriage must be held to be a void marriage and has no legal consequence.18. ..... sarojini in the year 1963 under the indian christians marriage act, 1872 in dharwad hepich memorial church, that marriage is still subsisting and as such the marriage of the respondent with the petitioner took place at hospet is not valid under the indian christians marriage act and that the registered agreement of marriage executed on 19-4-1976 at hospet is void, under section 23 of the indian contract act, being immoral and ..... to express my view about the correctness of this observation as it is not necessary, since the validity of the marriage was not assailed by the petitioner on the ground that the marriage was not solemnized as per the provisions of the indian christian marriage act, 1872.19. ..... themselves have declared before the society, before the church and before the concerned registering authority that they have accepted each other as husband and wife and life long partners, no further proof of the validity of the marriage is required in a proceedings under section 125. ..... signed by both and got it registered by the registering authority. .....

S.Jayakumar and ors. Vs. Kepsikala

Court : Chennai

..... there was no marriage solemnized under section 5 of the indian christian marriage act. ..... he would also submit that the respondent failed to plead and show to court that there was a marriage held in accordance with section 5 of indian christian marriage act and therefore, the complaint given against the petitioners has no legs to stand and accordingly, the same may be ..... the argument advanced by the learned counsel appearing for the petitioners that the learned judicial magistrate ought to have considered that the requisites of section 5 of the indian christian marriage act should have been complied with cannot hold water. ..... other rituals and other formalities were complied with by a1 and a2 as per section 5 of christian marriage act, it cannot be held as a valid marriage, since the complainant was alive on that day. ..... it is true that a valid marriage in between two christians should have been done in accordance with section 5 of the indian christian marriage act. ..... further insist in his argument that both the 1st petitioner and the 2nd accused are christians and therefore, if any marriage is solemnized, it should be performed before any church to which such persons are members. ..... also submit in his argument that whenever the primafacie proof of solemnization of marriage has not been shown to court, there would not be any offence committed by the 1st petitioner or any offence of abatement to enter second marriage and to commit the offence under section 494 i.p.c by the other petitioners. .....

Miliancy Foster Blah Vs. Ka Margarat Rose Thangkhiew

Court : Guwahati

..... for the dissolution of marriage of the parties under the christian marriage act has to be sought under the indian divorce act ..... marriage was solemnised under the christian marriage act, annexure a supports the claim of the revision petitioner as the legally married wife of late ..... admitted that revision petitioner is the first wife married under the christian marriage act. ..... 10 cannot be a document for dissolution of marriage as it is not given by any authority under section 17 of the indian divorce act. 7-8. ..... main point for consideration before this court whether the revision petitioner is legally married wife of the deceased late blah and whether, the respondent obtained the status of legally married wife under the christian marriage act or under the customary laws as followed by the parties in the dispute. 5. p.w. ..... for that application for dissolution of marriage has to be filed by either of the parties to the marriage and under section 17 the marriage has to be dissolved by the special bench of the high ..... a marriage is dissolved under section 17 of the indian divorce ..... pension awarded under the rules in this section will not be payable to more than one member of an officer's family at the same ..... family for the purpose of rules in this section will include the following relatives of the officers ..... the records it appears that there was no such dissolution of marriage under the indian divorce act. ..... even the children from such marriage are not entitled to claim inheritance of the deceased. .....

Sri.M.K.Henry Madhukar, S/O.Mruthunjayappa Vs. Smt.SoumyA.M.P. W/O. He ...

Court : Karnataka

..... in violation of the said notification, the marriage was conducted at anjaneya shetty kalyana mantapa, which is contrary to the indian christian marriage act and also the marriage is not in accordance with law. ..... hence, he contends that the marriage itself is an invalid marriage and contrary to the christian marriage act. ..... the allegation of the appellant is that the marriage was not conducted in accordance with the indian christian marriage act. ..... in view of the conduct of the respondent and also that the marriage was not conducted in accordance with the christian marriage act. ..... it is averred in the plaint averments that the marriage was not conducted in accordance with the christian marriage act. ..... the brief facts of the case are as follows:the petitioner filed a petition under section 18 of the indian divorce act, 1869 seeking for annulment of marriage solemnized on 6-10-2005. ..... the entire case of the petitioner was that the marriage was not performed in accordance with the indian christian marriage act and for that reason, a decree of divorce could be granted declaring that the marriage is nullity in the eye of law.18. ..... further, in february 2006, without seeking permission, she left the marital house and at that time she was pregnant and she got aborted in parent's house. ..... due to the abortion, the petitioner and his family members has to suffer mentally. ..... due to their wedlock, she got premature abortion earlier subsequently she gave birth to a male child on 20-6-2007.3. .....