Judgment Search Results Home > Cases Phrase: christian marriage act1872 section 7 marriage registrars Court: kerala Page 1 of about 1 results (0.021 seconds)

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. .....

Joseph Vs. Joseph Annamma

Court : Kerala

Reported in : AIR1979Ker219; 1982CriLJ595

..... 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 ..... this question, justice vaidialingam, who disposed of the appeal in the high court observed after referring to the various provisions of the christian succession act as follows :-- 'no doubt section 24 states that in respect of the share allotted to the widow, she will have only a life interest terminable at death or ..... 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 ..... the defendant, the widow of joseph has only a life interest in the suit properties, her rights being governed by section 24 of the travancore christian succession act, the plaintiff being the only son of joseph is entitled to the properties as his heir after the death of the defendant the defendant is not entitled to commit waste in the property or .....

Paul Thomas Vs. State of Kerala

Court : Kerala

Reported in : 2004(1)KLT19

..... similar cases this 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. ..... only prayer is 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 by the second ..... government pleader brought 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. ..... the registrar will receive the application, issue notice, complete the procedure and register marriage and issue certificate to the ..... act itself contemplates solemnisation of the marriage after receipt of notice by the registrar. ..... petitioners are 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. .....

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

Court : Kerala

..... learned counsel for the 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. ..... question arises as to whether the local registrar under the common rules is empowered to look into validity of the marriage or in other words, whether lie need to look into such validity for the purpose of giving registration. ..... for deciding 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 supplied). ..... the secretary of the 2nd respondent panchayat (the registrar), had rejected the application through ext.p6 for the reason that, as per government circular no. ..... the 2nd respondent, the local registrar under the common rules, is directed to dispose of exhibit p5 application afresh, notwithstanding the directions contained in exhibit p7 circular, taking note of the observations contained herein above. ..... learned counsel for the petitioners submitted that they are ready and willing to produce the original or attested copy of exhibit p3 certificate before the local registrar. .....

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. ..... only because the venue happened to be the registrar's office, it cannot be held that there was no 'marriage' at all, otherwise than by executing exhibit p1. ..... but, learned sessions judge held that the only claim made by petitioner is that the marriage was performed from the registrar's office by execution of exhibit p1 agreement and that there was no pleading or evidence with respect to any 'marriage ceremony'. ..... 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 ..... it is true that the petitioner stated at the time of evidence that she was 'married' at the registrar's office and this fact was not challenged in cross examination. ..... the relevant facts, in brief, are as follows: the respondent married petitioner at vythiri sub registrar's office, their's was a love marriage. .....

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 ..... d.w.4, the first defendant deposed that her father, fourth defendant was a christian and that he attended the syrian catholic church at kanjiramkulam regularly and that her marriage with the second defendant was conducted at the c.s.i. ..... section 5 of the hindu marriage act provides conditions for a hindu marriage, which reads as follows:5. ..... 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 that act. ..... for the 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. ..... sethurathinam pillai 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. ..... it may be that the hindu marriage act, 1955 does not contemplate a marriage between a hindu male and a christian female. ..... 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 those questions.10. ..... the contention is that there cannot be a lawful marriage between the petitioner, a hindu and the respondent, a christian.5. ..... it is now settled law that the standard of proof required for a marriage in proceedings for maintenance under the code of criminal procedure is not so high as is required in connection with proceedings under the indian divorce act or in a prosecution for bigamy under the indian penal code. ..... after the ceremony, the petitioner and the respondent went to the sub-registrar's office and executed ext. .....

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. .....

K. Devabalan and ors. Vs. M. Vijayakumari and ors.

Court : Kerala

Reported in : AIR1991Ker175; I(1991)DMC323

..... in that case a brahman went through the ceremony of marriage under the indian christian marriage act with a christian lady. ..... this court held that the indian christian marriage act does not stand in the way of a christian marrying a non-christian. ..... 3rd defendant in his written statement contended that the 4th defendant got himself converted into christianity before his marriage and the parties are christians and governed by christian succession act and the 4th defendant who is the sole and absolute owner of the property was competent to dispose of the property as he liked and the gift deed evidenced by ext. ..... according to explanation (b) to section 2(1) of the hindu succession act, 1956, hindu adoptions and maintenance act, 1956, and hindu marriage act, 1955 as also according to explanation ii to section 3(1) of the hindu minority and guardianship act, 1956 any child legitimate or illegitimate, one of whose parents is a hindu by religion and who is brought up as a hindu is a hindu.the supreme court held that the child born out of the marriage between a hindu male and a christian female is a member of the co-parcenary family.12. ..... in my view section 5 is only dealing with the requirements for a valid marriage between two hindus and it has no relevancy in considering the question whether a marriage between a hindu male and a christian female is a valid marriage. .....

Jacob Mathew Vs. Mrs. Maya Philip Alias Annama and anr.

Court : Kerala

Reported in : AIR1999Ker192

..... lj 1527) a division bench of this court held that the decision of the archdiocesan tribunal and the epharchial 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 and the marriage becomes null and void only on the passing of the decree of nullity by the court. 23. ..... the argument advanced by the learned senior counsel for the 1st respondent that under travancore christian succession act sthreedhanam is the money given by the father to the daughter at the time of the marriage and the husband is only a trustee for the wife in respect of her sthreedhanam, relying upon the decision in george lonan v. ..... 1 : it is admitted that the petitioner and the 1st respondent are syrian christians belonging to roman catholic sect, that their marriage was betrothed on 8-9-1990 and the marriage was solemnized on 16-9-1990 at vimalamatha church, kadalikkad in accordance with the christian rites and ceremonies and that the petitioner and the 1st respondent lived together in the petitioner's house at kadalikkad. ..... this petition is filed by a christian husband under sections 10 and 34 of the indian divorce act for dissolution of his marriage with the 1st respondent on the ground of her adultery after the marriage and for compensation of rs. .....