Judgment Search Results Home > Cases Phrase: christian marriage act1872 section 68 solemnizing marriage without due authority Court: kerala

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. .....

Deepu Dev and Another Vs. the State of Kerala Rep by the Secretary to ...

Court : Kerala

..... petitioner had drawn my attention to section (4) of the christian marriage act, 1872, and contended that the marriage between the petitioners, which is solemnised through religious rites prescribed under christianity, is valid. ..... the petitioners are husband and wife, the marriage being solemnized on 16.02.2012 as per religious rites at the infant jesus church ..... the issue involved, a perusal of the relevant rules will be beneficial rule 5 of the common rules says that, all marriages solemnised in the state after commencement of the rules shall compulsory be registered 'irrespective of the religion of the parties' (emphasis ..... but it cannot be interpreted in any manner preventing registration of a marriage solemnized within the state, even if it is liable to be registered under any other law, especially in view of wordings of rule 6 that all marriages irrespective of religion, of the parties should be registered, if it is solemnised within ..... of marriages solemnised as per religious rites, the memorandum should be accompanied by a copy of the certificate of marriage issued by the religious authorities concerned ..... the certificate of marriage issued by the church and exhibit p4 is the certificate issued by the authorities of the auditorium. ..... evident that the marriage was solemnised as per religious rites and that petitioners have produced the certificate of marriage issued by the religious authority concerned. 7 ..... be considered as a certificate issued by any religious authority, is the contention. .....

Joseph Vs. Joseph Annamma

Court : Kerala

Reported in : AIR1979Ker219; 1982CriLJ595

..... intestate is entirely different from that of a reversioner under the hindu law in respect of a property subject to widow's estate, that under the christian succession act the heir of the original owner gets a vested interest in the property on the death of the owner subject to the life-interest of the widow which is terminable on death or re-marriage, that the right of a person who succeeds to an estate subject to a life-interest created in favour of another is not a mere spes ..... a christian widow's right to the immovable properties of her husband's estate is governed by section 24 of the travancore christian succession act, section 24 of the act reads:--'over any immovable property to which a widow or mother becomes entitled to under sections 16, 17, 21 and 22 she will have only a life-interest terminable at death or re-marriage. ..... in the light of law explained above and in the light of the facts revealed in the case which will indicate that the plaintiffs apprehension is not without any basis in the interest of justice, it is necessary to restrain the defendant by means of an injunction from committing waste in the properties, no doubt, she cannot be restrained from effecting improvements but in regard to cutting down the trees etc, ..... at page 16, the learned author says- 'standing timber are trees fit for use for building or repairing ..... of 1114 against the first defendant and her children for recovery of the amounts due under the promissory note executed by the first defendant. .....

Paul Thomas Vs. State of Kerala

Court : Kerala

Reported in : 2004(1)KLT19

..... court directed to register the marriage and affix the seal available under the special marriage act and along with such certificate the second respondent registrar was directed to issue another certificate stating that the marriage registrar under the civil marriage act is also notified as registrar of marriage under the cochin christian marriage act also. ..... for a direction to the second respondent to register the petitioners' marriage under the cochin christian civil marriage act and to issue the certificate. ..... so far as the fees is concerned, fees will be collected at the same rate as applicable under the special marriage act and in case the fees is fixed later, there shall be a direction to the petitioners to remit such fees later as and when demanded ..... to notice of this court that marriage is not solemnised and that the certificate would not have been issued for want of office seal and on account of non prescription of fees under the cochin christian civil marriage act. ..... in hurry to leave the country, the second respondent will take evidence and get signatures wherever required and the marriage certificate will be issued to any person authorised by the petitioners.2. ..... presence of the petitioners will be completed on or before 27th of this month on production of a copy of this judgment by the petitioner, so that after notice period the certificate will be issued to the petitioners, if their marriage is entitled to registration be registered.writ petition is disposed of as above. .....

Adv.Baby John Vs. State of Kerala

Court : Kerala

..... the learned counsel for the petitioner submitted that the petitioner has made arrangement to conduct marriage on 9.2.2015 at jubilee mandiram chappel at kottarakara in accordance with the religious custom prevailing among the christian community and also submitted that a joint application to register the marriage under the provisions of the special marriage act has already been issued on 28.1.2015 as evidenced by the receipt dated 28.1.2015 issued from ..... from the above certificate that the marriage was solemnized at jubilee mandiran chappel at kottrakara on 9.2.2015 in accordance with the religious custom prevailing among the christian community. ..... also present we interacted with them and both of them deposed before us that customary marriage between them was solemnized at jubilee mandiram chappel at kottarakara on 9.2.2015 and thus, they became man and ..... to note that though wpcr212015 4 there was a proposal, no marriage is solemnized between the petitioner and the daughter of the fourth respondent/the ..... learned counsel for the petitioner handover to us a certificate of marriage solemnized at mar thoma episcopal jubilee mandiram, kottarakara dated 9.2.2015 signed ..... that being the approach of the 4th respondent/the father of the detenue and as the detenue wants to go along with the petitioner to solemnise their marriage, we are of the view that, the petitioner can be permitted to take miss.leena sam from the snv sadanam hostel at ernakulam where she is now accommodated as per the order .....

Petricia Vs. Purushothaman

Court : Kerala

Reported in : II(2006)DMC273; 2006(2)KLT800

..... the relevant portion from the said decision can be extracted as hereunder:the indian christian marriage act does not stand in the way of a christian marrying a non-christian, but such marriage will have to be solemnised under the provisions of the said act.13. ..... at the same time, the indian christian marriage act (xv of 1872) permits marriage between christians and non-christians solemnised in accordance with the provisions of that act. ..... : 2000crilj1 , it was held that the validity of the marriage, for the purpose of summary proceedings under section 125 of the code, it is to be determined on the basis of the evidence brought on record by the parties. ..... it is beneficial to extract the relevant portion from the said decision as follows:if the claimant in proceedings under section 125 succeeds in showing that she and the respondent have lived together as husband and wife, the court has to presume that they are legally wedded spouses, and in such a situation one who denies ..... pushpa bed alias leela 1978 klt 26 was also cited in support:it may be that the hindu marriage act, 1955 does not contemplate a marriage between a hindu male and a christian female. ..... though, on the facts of this case, even without proof of any marriage ceremony, it would be possible to enter a finding that the parties are husband and wife, the court below rejected the claim on the ground that there was no evidence for any marriage ceremony.7. .....

A. Yousuf Rawther Vs. Sowramma

Court : Kerala

Reported in : AIR1971Ker261

..... when the proposal of divorce proceeds from the husband, it is called 'talaq', and when it takes effect at the instance of the wife it is called 'kholaa'' consistently with the secular concept of marriage and divorce, the law insists that at the time of talaq the husband must pay off the settlement debt to the wife and at the time of kholaa she has to surrender to the husband her dower or ..... it is laid down expressly in clause (iv) of section 2, that where the husband has failed to perform without reasonable cause his marital obligations for a period of three years the wife is entitled to a dissolution of her marriage. ..... the most compelling argument in the sind ruling runs thus:'the muslim marriage differs from the hindu and from most christian marriages in that it is not a sacrament. ..... the learned author referred to above states, 'before the advent of islam, neither the jews nor the arabs recognised the right of divorce for women: and it was the holy quoran that, for the first time in the ..... precedents are legion that a court must have due regard to subsequent developments which fundamentally alter the jural relations or make the relief originally sought altogether unworkable or unjust. ..... even if the failure to provide for her maintenance is due to poverty, failing health, loss of work, imprisonment or to any other cause, the wife would be entitled to divorce .........unless, it is submitted, her conduct hag been such as to disentitle her to main-tenance under the mahomedan law. .....

Vijayakumari Vs. Devabalan

Court : Kerala

Reported in : AIR2003Ker363; I(2004)DMC667; 2003(3)KLT695

..... pw.1 stated that his mother mariya augustine was christian at the time of her marriage and that his father married her in hindu form and that after marriage her mother had never gone to church, that they are living as hindus and that none of the children of his parents was baptised in any church. ..... two hindus, if the following conditions are fulfilled, namely:- (i) neither party has a spouse living at the time of the 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) though 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 attacks of insanity or epilepsy; (iii) the bridegroom has ..... admittedly no marriage was solemnized under the special marriage act. ..... section 5 of the hindu marriage act provides conditions for a hindu marriage, which reads as follows:5. ..... (1) the properties are co-parcenary properties and hence the fourth defendant is not competent to execute any document without family necessity or consideration. ..... section 2(3) states that the expression 'hindu' in any portion ofthe act shall be construed as if it included aperson who, though not a hindu by religion,is, nevertheless, a person to whom this act applies by virtue of the provisions containedin the section. .....

Govindan Nadar Sreedharan Vs. Retna Bai Pushpa Bai

Court : Kerala

Reported in : 1978CriLJ1213

..... at the same time, the indian christian marriage act (xv of 1872) permits marriage between christians and non-christians solemnised in accordance with the provisions of ..... purpose of this case it is not necessary that the court should consider whether the ceremony fulfilled the conditions for a marriage under the indian christian marriage act. ..... 1970 cri lj 1721 (mad), the madras high court had to consider whether a christian woman undergoing a ceremony of marriage with a hindu male was entitled to maintenance under section 488, cr. p.c. ..... be that the hindu marriage act, 1955 does not contemplate a marriage between a hindu male and a christian female. ..... is that there cannot be a lawful marriage between the petitioner, a hindu and the respondent, a christian.5. ..... the decision of the criminal court that there was a marriage between barbara and sethurathinam and that it was a valid marriage will not operate as decisive in any civil proceeding between the parties for determining ..... that although the marriage was not strictly in accordance with mohammadan law, she was entitled to relief under section 488 cr. p.c. ..... held that the ceremony of marriage taken along with the fact that the parties thereto lived together and were known as husband and wife was sufficient to confer on the woman the status of wife for claiming maintenance under section 488 cr. p.c. ..... p1, marriage udampady, the respondent did not acquire the status of a wife and as such, she is not entitled to maintenance under section 125, cri .....

Nikson Davis Vs. the Marriage Officer (Sub Registrar),

Court : Kerala

..... (appointed under the provisions of cochin christian civil marriage act, 1095 for thrissur district). ..... judgment petitioners propose to marry each other under the relevant provisions of cochin christian civil marriage act, 1095. ..... the grievance is in respect of the refusal on the part of the respondent in accepting the application and to issue notice of intended marriage as per exts.p1 and p2 and to proceed with further steps.2. ..... wilson urmese respondent: -------------------- the marriage officer (sub registrar), vatanappally, pin 614. ..... ext.p-2 : copy of the notice dated 29 07.2013 for intended marriage. .....