Judgment Search Results Home > Cases Phrase: christian marriage act1872 section 68 solemnizing marriage without due authority Court: kolkata Page 1 of about 1 results (0.059 seconds)

Dr. Ranjit Kumar Bhattacharyya Vs. Smt. Sabita Bhattacharyya

Court : Kolkata

Reported in : AIR1996Cal301

..... sections of the indian christian marriage act (act xv of 1872) speaks of the persons by whom marriage between the indian christians may be solemnised and they are as follows: 'persons by whom marriage may be ..... in the cross-examination, no doubt he had stated that the appellantwas a hindu by religion and he had got the said sources of information from the appellant's family without naming any such family member and no one from the appellant's family was examined by the plaintiff to corroborate and/or prove the said statement of pw 2 that the appellant was a hindu by ..... ordination, provided that the marriage 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 certificate of marriage between indian christians.' 13. ..... who were defendants in their evidence had categoricallystated inter alia, that they were marriedaccording to the christian rites in 1945 and in support of such statement produced exhibit a, which was an extract from the relevant marriage register kept by the concerned church authorities wherein the marriage between the appellant and the respondent no. .....

Sophy Auerbach Vs. Shivaprosad Agarwalla

Court : Kolkata

Reported in : AIR1945Cal484

..... the indian christian marriage act seems to contemplate that a christian marriage can be solemnised when only one of the parties thereto is a christian, provided that the marriage is not contrary to the personal law of either party.25. ..... the following issues were framed (1) is the suit barred by limitation (2) is the marriage solemnized on 14th april 1931 null and void according to french law? ..... it may be noted that neither party has argued that the marriage in france is not valid on the ground that it is a union not recognised as a marriage by the personal law of the defendant and i have not been asked to consider whether the defendant, a hindu, can according to hindu law contract a valid marriage with the plaintiff by going through a ceremony before the french authorities in paris. ..... 67 it was held that a hindu who contracted a marriage with an english woman in england in due form according to the laws of england could not repudiate the marriage on the ground of an incapacity under his own personal law, of a kind to which the courts of england refuse recognition. in r. v ..... carden noad for the plaintiff contended that there is no limitation in matrimonial matters: that if the limitation act does apply, then section 23 of that act is applicable ; and that even if section 23, limitation act, is not applicable and if article 120 of the act is applicable, limitation will commence to run from the date when plaintiff came to know that under french law her marriage was a nullity. mr. p. c. .....

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 ..... under 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. ..... 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 ..... of the persons before whom such a marriage can be solemnised is a marriage registrar appointed under the act. ..... parties were no doubt married before such a marriage registrar. .....

Mrs. Rose Simpson Vs. Binimoy Biswas

Court : Kolkata

Reported in : AIR1980Cal214

..... and 264 may be referred to with advantage: 'the words in this section are negative words, and are clearly prohibitory of the marriage being had without the the prescribed requisites, but whether the marriage itself is void.....is a question of very great difficulty: it is to be recollected that there are no words in the act rendering the marriage void and i have sought in vain for any case in which a marriage has been declared null and void unless there were words ..... there is nothing in the indian christian marriage act to indicate that another marriage during the lifetime of a former spouse is void ipso jure and a nullity. ..... in this connection a reference may also be made to the relevant provisions of the indian christian marriage act of 1372, which provides machinery for marriages in this country between two christians, and which act does not declare a marriage during the existence of a former spouse to be a nullity. ..... was instituted by the wife and the husband resisted the suit, inter alia, on the ground that his marriage with the petitioner at calcutta in 1877 was a nullity, inasmuch as she was his deceased wife's sister and thus came within the prohibited degrees under the personal law of roman catholics and a dispensation from the proper ecslesiastical authority was necessary to validate a 'marriage between a man and the sister of his deceased wife. ..... the case of the petitioner being of misrepresentation it was submitted on the authority of the decision consterdine v. .....

Sasanka Sekhar Basu Vs. Miss Dipika Roy

Court : Kolkata

Reported in : AIR1993Cal203,(1993)1CALLT226(HC),1993(2)CHN179,97CWN578,II(1993)DMC74

..... without going into the merits of such questions as to whether the defendant opposite party was not a hindu within the meaning of hindu marriage act and that the plaintiff petitioner came to know subsequent to the marriage that defendant opposite partyallegedly is a christian and whether there can be a marriage between a hindu and a christian under the hindu marriage act under the facts and circumstances of the case, i am of the view that the question whether a marriage solemnized between a hindu and alleged christian as per ..... act and not otherwise, as would be evident from the very language of the section itself, which is quoted hereunder :--'every petition under this act shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction- (i) the marriage was solemnized, or (ii) the respondent, at the time of the presentation of the petition, resides, or (iii) the parties to the marriage last resided together, or (iv) the petitioner is residing at the time of the presentation of the ..... he has also drawn my attention to the explanation (a) and (b) of the said section where from it will appear that to be a hindu one must have parents both of whom or atleast one of whom should be hindu. .....

Smt. Priyanka Maity (Ghosh) Vs. Shri Sabyasachi Maity

Court : Kolkata

..... of the nature of the case, the court may, if it pronounces a decree, do so subject to the condition that the decree shall not have effect until after the [expiry of one year] from the date of the marriage or may dismiss the petition without prejudice to any petition which may be brought after the [expiration of the said one year] upon the same or substantially the same facts as those alleged in support of the petition so dismissed. ..... the principal objection with regard to the maintainability of the application under section 14 of the hindu marriage act was that such petition was filed before one year has elapsed since the date of the marriage without obtaining prior leave of the court and in any event the husband has failed to establish any exceptional hardship or exceptional depravity entitling him to file such a divorce petition prior to expiry of the period of ..... if hindu marriages and special marriages warranted protection of fair trial rule, the christian or the parsi marriages can not be discriminated by denial of such ..... legislation for the christians, the parsis, the muslim women and also in the absence of any such provision even in the hindu marriage act or the special marriage act for matrimonial proceedings for judicial separation and for declaration of nullity, and for the other reasons stated hereinbefore, i have not been able to persuade myself to hold that sec.14(1) is that mandatory to warrant rejection or dismissal of the petition presented without rigid and .....

Mac. Laboratories Private Ltd. Vs. American Home Products Corporation ...

Court : Kolkata

Reported in : AIR1969Cal342

..... , made in the prescribed manner to a high court or to the registrar by any person aggrieved on the ground either- (a) that the trade mark was registered without any bona fide intention on the part of the applicant, for registration that it should be used in relation to those goods by him or in a case to which the provisions of section 45 apply, by the company concerned, and that there has, in fact, been no bona tide use of the trade mark in relation to those goods ..... the scope for trafficking in trade marks is, therefore, clear even under that condition for the tablets could be manufactured without the trade mark of the proprietor and that by some kind of private arrangement between the american company and the indian company without the control of the indian authorities under the indian statute.81. ..... for the reasons stated above and on tho authorities discussed, i am of the opinion that the respondent american company at the time of registration in 195l of its trade mark 'dristan' had no bona fide intention of using the trade mark by itself within the meaning of section 18(1) of the trade and merchandise marks act, 1958, read with section 46(1)(a) thereof and i hold accordingly. ..... the problem acquires a larger significance because 'bostitch's case, (1963) rpc 183, on which the registrar relied, has lost considerably its authority by the subsequent recent decision in pussy galore's case, reported in (1950) 67 rpc 265. .....

Smt. Gitika Bagchi Vs. Subhabrota Bagchi

Court : Kolkata

Reported in : AIR1996Cal246,100CWN646

..... is another inglorious circumstance which should not be overlooked as to' why the appellant-wife would put up a claim immediately after the marriage for conversion of her husband to christianity it should he borne in the mind that they were flesh and bone for the last 8 years before the marriage which in the state of materials on record could hardly generate a claim of her conversion to christianity after the marriage. ..... 2 aloka that gitika put up a claim of transfer of any property in her favour and conversion of subrata to christianity none of the claims has been christened, in the background of which, we cannot resist our temptation to hold that they are more royal than ..... is in this background that we address ourselves to the question as to whether the ground for non-consummation of marriage has been proved along with the plea of fraud perpetrated by the appellant-wife in the state of materials on ..... section 17 of the indian contract act defines fraud which has been categorised as follow :--(a) the suggestion as to a fact, of that which is not true by one who does not believe it to be true; (b) the active concealment of fact by one having knowledge or belief of the fact; (c) a promise made without any intention of performing it; (d) any other act fitted to deceive; (e) any such act or omission has the law specifically. ..... the marriage was solemnized on 17th of june, ..... his argument, he is candid that there are certain admitted facts, which according to him, should receive due premium. .....

Sm. Susama Singh Vs. Sri Sailendra Nath Singh and anr.

Court : Kolkata

Reported in : AIR1961Cal373,65CWN412

..... under section 19 of the indian divorce act, one of the grounds for declaration of nullity of marriage is :section 19(4) - that the former husband or wife of either party was living at the time of marriage and the marriage with such former husband and wife was then in force.as such the marriage between respondent no. ..... another woman with adultery' appears to be that there is 'bigamy with adultery when the second marriage is null and void under any law but still then there is co-habitation; 'marriage with another woman with adultery' happens when the second marriage, though taking place during the life time of either the husband or the wife is not void under any law and there is co-habitation between the husband and the last married ..... the court below came to the conclusion that both the husband and the wife were indian christians and were domiciled in india, the court below also found that the petitioner wife and the respondent no. ..... 2 with adultery or because of his adultery coupled with the desertion without reasonable excuse for two years or upwards. ..... no authority is cited by him but it seems reasonable to suppose that that was the meaning and intention of the legislature when differentiating between 'bigamy with adultery' and 'marriage with another woman with adultery. .....

A.R. Manuel Vs. Emperor

Court : Kolkata

Reported in : AIR1935Cal678,158Ind.Cas.791

..... the 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. ..... course of this trial, ivan gilbert filed a complaint on 20th february 1935, against the accused under section 66(b), indian christian marriages act. ..... 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 etc ..... the 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. ..... it is needless to cite authorities for these principles of construction, but it so happens that there is in existence a most apposite one by a judge of high repute (lord cottenham) in relation to the schedule of this very statute ..... however, without specifically finding that the accused had this knowledge, the magistrate has found that the accused intentionally made a false .....