Judgment Search Results Home > Cases Phrase: christian marriage act1872 section 68 solemnizing marriage without due authority Court: chennai Page 1 of about 3 results (0.082 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 .....

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 .....

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. .....

Mariasoosai Vs. Clara Mary

Court : Chennai

Reported in : AIR1995Mad35; II(1995)DMC562

..... as we have found on the merits that the so-called marriage between the petitioner and the respondent is void as it was not solemnized in accordance with the provisions of the indian christian marriage act, 1872, the decree passed by the district court is confirmed. ..... according to the provisions of the indian christian marriage act, 1872, a christian marriage can be solemnized only in any of the modes prescribed in ..... and 5 of the christian marriage act and declaring a particular marriage void as not having been solemnized in accordance therewith. ..... section 4 of the said act reads that every marriage between persons, one or both of whom is or are a christian or christians, shall be solemnized in accordance with the provisions of the next following section; and any such marriage solemnized otherwise than in accordance with such provisions shall be ..... 45 to 49 relate to petitions where a person whose consent is necessary is insane or unjustly withholds consent, or where the marriage registrar refuses to issue a certificate or where the registrar doubts the authority of person forbidding the issue of the certificate and with regard to the liability for frivolous protest against issue of certificate, ss ..... is further stated that a suit for jactitation is the only case in which a matrimonial suit can as of right, be proceeded with without prima facie proof of a marriage de facto, for the object of the suit of jactitation is to prove that no valid marriage subsists between the parties. 12. .....

Gnanasoundari Vs. Nallathambi Alias Jokiam Jebamalai and ors.

Court : Chennai

Reported in : AIR1945Mad516; (1945)2MLJ80

..... whether a marriage between a catholic and a protestant without a dispensation is void according to the personal law applicable to catholics so that, under the provisions of section 88, it cannot be validated by anything in the indian christian marriage act. ..... changes introduced by the indian, divorce act of 1869 and the indian christian marriage act of 1872 taken with section 88 of the latter act was to provide that the law applicable to such absolute prohibition of any marriage between parties as prohibited degrees of consanguinity or affinity was not the personal law of christians in england but the personal law applicable to either of the parties. ..... marriage solemnised under the provisions of the indian christian marriage act subsists so that any second marriage by either of the parties to the first marriage during the lifetime of the other party is void unless the marriage has been dissolved under the provisions of section 10 of the divorce act or declared null and void under section 18 on any of the grounds set out in section ..... he also expressed the opinion that although the personal law referred to in section 88 of the indian christian marriage act is to be found, as far as catholics are concerned in the canon law ..... in that case two roman catholics were married in due form under the christian marriage act before a registrar in accordance with the provisions of part v ..... 706 was no authority for the proposition that the expression ' personal law ' incorporates the whole of that .....

Maria Soosai Vs. Clara Mary

Court : Chennai

Reported in : (1995)1MLJ282

..... according to the provisions of the indian christian marriage act, 1872, a christian marriage can be solemnized only in any of the modes prescribed in section 5 of the said act. ..... . 544, a single judge of the lower burma chief court held that section 4 of the divorce act does not preclude the court from considering the provisions of sections 4 and 5 of the christian marriage act and declaring a particular marriage void as not having been solemnized in accordance therewith ..... there is no express provision in the indian divorce act enabling a party to get a marriage declared to be void because it has not been solemnized in accordance with the provisions of section 5 of the indian christian marriage act, 1872. ..... while sections 45 to 49 relate to petitions where a person whose consent is necessary is insane or unjustly withholds consent, or where the marriage registrar refuses to issue a certificate or where the registrar doubts the authority of person forbidding the issue of the certificate and with regard to the liability for frivolous protest against issue of certificate, sections 66 to 76 deal with penalties if a marriage is solemnized in contravention of sections 4 and 5. ..... . it is further stated that a suit for jactitation is the only case in which a matrimonial suit can, as of right, be proceeded with without prima facie proof of a marriage de facto, for the object of the suit of jactitation is to prove that no valid marriage subsists between the parties.12 .....

Jerry Garman @ Geraldine @ Jayalakshmi Vs. A.S. Sethuraman

Court : Chennai

..... ms.geetha ramaseshan, learned counsel appearing for the appellant contended that the trial court has erred in holding a view that the marriage between parties to the cma was solemnized as per the hindu rites and customs, though the appellant had filed ex.r.1, which would establish that her marriage was solemnized only as per indian christian marriage act and the respondent herein changed his name as a.s.paul and got married the appellant herein. ..... the respondent herein, who was examined as r.w.1 himself has admitted in his deposition recorded on 06.01.2015, that the appellant was only a christian, even on the date of marriage and she had not converted to hinduism and further, the original marriage certificate issued by the government of tamil nadu shows that on 17.08.1992 the marriage between the appellant and the respondent was solemnized only under the christian marriage act. ..... it is an authenticated certificate issued by the government of tamil nadu, registration department, whereby the marriage has been solemnized at christian marriage registration office, tambaram, madras-45. ..... as per this document, the marriage was solemnized between the appellant and the respondent on 17.08.1992 at the tamil nadu christian marriage registrar office, tambaram, madras-45. ..... the marriage could not have been taken place between the respondent and the appellant, who is a christian, without conversion to hinduism, to be solemnized, as per section 5 of the hindu marriage act. .....

A. Janaki Vs. J. John Kennedy

Court : Chennai

Reported in : (2009)6MLJ887

..... in 1991 (1) mlj 271, cited supra, a full bench of this court held that when a marriage between a christian and a hindu was celebrated according to suyamariadhai ceremony and not in accordance with the provisions of the indian christian marriage act, section 7(a) of the hindu marriage act will not apply as section 7(a) will apply only if both the parties are hindus.25. ..... per contra, the learned counsel for the respondent submits that when it is clearly established that the marriage is neither under the christian marriage act nor under the hindu marriage act, nor under the special marriage act, there was no marriage at all and therefore, the defendant cannot be the wife of the plaintiff. ..... the first appellate court even after holding that the marraige between the plaintiff and the defendant is accepted by both the parties, found that the marriage is not conducted in accordance either under special marriage act or christian marriage act and therefore, the marriage is not a valid marriage. ..... he further urged that the first appellate court without realising the prayer as sought for in the suit, granted a new relief of declaration declaring the marriage as invalid which is not even asked for by the plaintiff. ..... due to compulsion, a marriage between the plaintiff and the defendant took place on 29-01-1992 at sivakasi, in s.a.s. .....

G. Packia Raj Vs. P. Subbammal Alias Susila Bai

Court : Chennai

Reported in : AIR1991Mad319; (1991)IMLJ271

..... they draw our attention to section 4 of the indian christian marriage act. ..... in england for the time being acts and gives relief:'however, the proviso, which was introduced in the enactment in 1912 runs as follows:'provided that nothing in this section shall deprive the said courts 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 founded'.therefore, in view of the proviso, the said delhi decision concluded as follows (para 12):'nevertheless ..... 4 says 'every marriage between persons, one or both of whom are a christian or christians, shall be solemnized in accordance with the provisions of the next following section; and any such marriage solemhized otherwise than in accordance with such provisions shall be void. ..... 10 of the act on the ground that the marriage between the plaintiff and the 1st defendant having been not celebrated in accordance with the indian christian marriage act (xv of 1872), the indian divorce act is not applicable at all. ..... 1 has reiterated whai is contained in the plaint and particularly stated that when he returned home on 16-5-1987, he noticed defendants 1 and 2 without any dress in his house that the 2nd defendant ran away through the back entrance and that he scolded defendant for what has happened. p.w. .....

Asirvadam Samuel Nadar Vs. Raja Jothi and anr.

Court : Chennai

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

..... 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. ..... in mulla's code of civil procedure, fifteenth edition (1996), commenting on order 7, rule 7, the learned author says thus:'where a relief is claimed upon a specific ground, the court may grant it upon a ground different from that on which it is claimed in the plaint, if the ground is disclosed by the allegation in the plaint and the ..... 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 this act to grant certificates of marriage between indian christians'. ..... if he is alive, naturally, those persons also will have to be impleaded in the suit, without which an effective adjudication cannot be had. ..... if for any reason they have to live apart due to any misunderstanding, kovil pillai nadar agreed to pay a sum of rs. .....