Judgment Search Results Home > Cases Phrase: christian marriage act1872 section 7 marriage registrars Page 1 of about 19 results (0.051 seconds)

Gnanamuthu Udayar and anr. Vs. Anthoni and ors.

Court : Chennai

Reported in : AIR1960Mad430

..... marriage contracted before a registrar in accordance with the provisions of the indian christian marriage act, 1872, by persons professing roman catholic faith is valid and legal, however repugnant it may be to the canon law of the church of rome and that the act deals with the forms of solemnization of marriages of all christians in india, including roman catholics and that the prohibition contemplated by section 88 of the act would not extend to a prohibition as to the form of marriage ..... section 42 of christian marriage act, and made two false declarations (i) that the bride was of age and (ii) that the parties lived within the district of the marriage registrar ..... : air 1918 mad 601, the 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 ..... section 4 provides that 'marriages may be solemnized in india by any of the five different persons, (1) persons who have received ordination, (2) clergymen of the church of scotland, (3) ministers of religion licensed under the act, (4) marriage registrars appointed under the act, and (5) persons licensed under this act to grant certificates of marriage between native christians .....

K. Hema Kumari Vs. D.P. Yadagiri

Court : Andhra Pradesh

..... section 5 of the 1872 act reads: marriages may be solemnized in india by any of the five different persons, (1) persons who have received ordination, (2) clergymen of the church of scotland, (3) ministers of religion licensed under the act, (4) marriage registrars appointed under the act, and (5) persons licensed under this act to grant certificates of marriage between native christians; 10) it is submitted by the amicus curiae that division bench of the bombay high court in (peter philip ..... in the facts pleaded by the respondent in her application under section 12(1)(c) of the 1955 act and the admission of the appellant that he was and still is a christian belonging to the roman catholic denomination, the marriage solemnized in accordance with hindu costoms was a nullity and its registration under section 8 of the act could not and/or did not validate ..... 1991 kerala 175)of kerala high court contended that when a hindu male marries a christian female, marriage is valid between them and both the parties become hindu in view of definition of hindu contained in section 2(1) explanation (1) of the hindu marriage act, 1955 (in short, the 1955 act). ..... judge observed that though sections 11 and 12 of the 1955 act having been specific in rendering certain marriages void and voidable and being silent as regards the marriage between a hindu and a christian and there being no provision in the 1955 act dealing with such a situation, it cannot be held that such a marriage is either void or .....

Rahul Verma Vs. State of Rajasthan and Others

Court : Rajasthan Jodhpur

..... 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. ..... mathew for the petitioner that the registrar general of births, deaths and marriages appointed under the births, deaths and marriages act, 1886 be directed to register the marriages of christians solemnized under the indian christian marriage act, 1872, can not be accepted. ..... 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. ..... 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 said act. ..... the district collector-cum-district magistrate, jaipur, in absence of christian marriage registrar, is empowered to register the christian marriages. 2. .....

Smt. Seema Vs. Ashwani Kumar

Court : Supreme Court of India

Reported in : 2007(6)ALT39; 2008(1)AWC318(SC); 2007(5)CTC460; II(2007)DMC755SC; JT2007(12)SC424; (2008)1SCC180

..... so far as christians are concerned, the jammu and kashmir christian marriage and divorce act, 1957 provides for registration of marriages in terms of sections 26 and 37 for registration of marriages solemnized by minister of religion and marriages solemnized by, or in the presence of a marriage registrar respectively.6. ..... the registration of marriage is compulsory under the indian christian marriage act, 1872. ..... all sub-registrars of pondicherry have been appointed under section 6 of the indian registration act, 1908 (in short the 'registration act') as marriage registrars for the purposes of registering marriages. ..... under articles 45 to 47 of the law of marriages, registration of marriage is compulsory and the proof of marriage is ordinarily by production of certificate of marriage procured from the register maintained by the civil register and issued by the concerned civil registrar appointed for the purpose by the government. ..... however, it is left to the discretion of the contracting parties to either solemnize the marriage before the sub-registrar or register it after performing the marriage ceremony in conformity with the customary beliefs. ..... it has been pointed out that christian and parsi marriages are solemnized through compulsory registration according to the applicable statutes. ..... in the state of haryana, the haryana hindu marriage registration rules, 2001 under section 8 of the hindu act have been notified. .....

Smt. Seema Vs. Ashwani Kumar

Court : Supreme Court of India

Reported in : AIR2006SC1158; 2006(2)ALD57(SC); 2006(2)AWC1599(SC); 2006(2)BomCR497; (SCSuppl)2006(2)CHN191; 101(2006)CLT639(SC); 2006(1)CTC552; 127(2006)DLT282(SC); I(2006)DMC327SC; [200

..... far as christians are concerned, the jammu and kashmir christian marriage and divorce act, 1957 provides for registration of marriages in terms of sections 26 and 37 for registration of marriages solemnized by minister of religion and marriages solemnized by, or in the presence of a marriage registrar respectively.9 ..... registration of marriage is compulsory under the indian christian marriage act, ..... -registrars of pondicherry have been appointed under section 6 of the indian registration act, 1908 (in short the 'registration act') as marriage registrars for the purposes of registering marriages. ..... 45 to 47 of the law of marriages, registration of marriage is compulsory and the proof of marriage is ordinarily by production of certificate of marriage procured from the register maintained by the civil registrar and issued by the concerned civil registrar appointed for the purpose by the government. ..... is left to the discretion of the contracting parties to either solemnize the marriage before the sub-registrar or register it after performing the marriage ceremony in conformity with the customary beliefs. ..... the state of haryana, the haryana hindu marriage registration rules, 2001 under section 8 of the hindu act have been ..... as regards muslims, section 3 of the jammu and kashmir muslim marriages registration act, 1981 provides that marriage contracted between muslims after the commencement of the act shall be registered in the manner provided therein within 30 days from the date of conclusion of .....

V.H. Lopez Vs. E.J. Lopez

Court : Kolkata

Reported in : (1885)ILR12Cal706

..... it was strongly contended before us that the effect of this extension of the matrimonial jurisdiction of the high courts, over all christian subjects, was to make all christian marriages thenceforth subject to the law administered by the supreme court, from which the jurisdiction was transferred, that is to say, the law of england, 'so far as the circumstances and occasions of ..... the divorce act (iv of 1869) applies to all christians, and section 19 enacts that a decree declaring a marriage null and void may be made, amongst other grounds, on the ground 'that the parties are within the prohibited degrees of consanguinity (whether ..... of marrying in india for any christians who chose to adopt it, marriage before a marriage registrar. ..... were : marriages before a registrar, under 14 ..... the registrar might by section 2 issue the necessary certificate, 'provided no lawful impediment according to the law of england' were shown to his satisfaction; and one of the parties had under section 6 to make a declaration that there was ..... acts about marriages before registrars, and marriages before licensed ministers, with this exception: under the earlier acts the registrar or the minister had to satisfy himself that there was no 'lawful impediment according to the law of england,' and one of the parties had to declare that there was no 'impediment of kindred or affinity'; under the new act the words 'according to the law of england' are left out, the minister or registrar is to ..... marriage before a 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 ..... therefore, hold that the decisions of the archdiocesan tribunal and the eparchial tribunal do not in any way affect the civil rights of the parties arising out of the marriage between them duly solemnized in accordance with section 5(1) of the indian christian marriage act, 1872 by a minister of the church who had received episcopal ordination.9. ..... the marriage is solemnized by a minister of the church in accordance with sub-section (1) of section 5 of the indian christian marriage act, it should be presumed that the marriage is valid and the minister had satisfied himself that the parties had voluntarily given consent for the marriage. ..... is not disputed that the minister had received episcopal ordination and was competent to solemnize the marriage under sub-section (1) of section 5 of the indian christian marriage act, 1872. ..... hold that a christian marriage can be declared null and void only by a decree of court as provided for in sections 18 and 19 of the indian divorce act and the marriage is not rendered void for any of the grounds enumerated in section 19.14. .....

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

Court : Andhra Pradesh

Reported in : 1991CriLJ2254; I(1991)DMC149

..... 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 ..... 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. ..... 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. ..... 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 ..... provisions of the said act, namely sections 11 and 12, having been specific in rendering certain marriages void and voidable and being silent as regards the marriage between a hindu and a christian and there being no provision in the act dealing with such a question, it cannot be held that such a marriage is either void or voidable. .....

K.J.B. David Vs. Nilamoni Devi

Court : Orissa

Reported in : AIR1953Ori10; 19(1953)CLT34

..... 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. ..... roy urged that no person can profess christianity unless that person is baptised and that as the opposite party was admittedly not baptised she should be held to be a hindu and that a marriage between a hindu and a christian is invalid doubtless section 4 of the indian christian marriage act permits marriage between two persons one of whom alone need be a christian. ..... 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; (2) 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; (3) by any minister of religion licensed under this act to solemnize marriage; (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 native christians. .....

John Soloman Gundi Vs. Sushila John Gundi

Court : Karnataka

Reported in : ILR1986KAR66

..... 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 ..... 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. ..... the facts relevant for the disposal of this petition may be summarised as follows :the respondent in her petition under section 125 of the code averred thai she was married to the petitioner on 19-4-1976 at hospet, that the marriage has been registered in the sub-registrar's office, that after the marriage she and the petitioner lived together at basel mission compound, dharwad, that by this wedlock a male child was born to ..... it was executed by both the document was registered by the sub-registrar at hospet, the document reads that both the parties were loving each other and they were living as husband and wife since one year, that the children .....