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. .....
Tag this Judgment!Court : Orissa
Reported in : II(1990)DMC302
..... pw 2 has been licensed under section 9 of the indian christian marriage act, 1872 to grant certificates of marriage between indian christians. ..... , i am inclined to agree with the trial court that the parties were husband and wife being married under the indian christian marriage act.7. ..... in case conversion to christianity is disbelieved, marriage as christian would also be found against the plaintiff and his case of marriage when fails, she will be a ..... clearly leads to the conclusion that a christian wife has right to be maintained by her christian husband which is a part of the right and obligation of marriage. ..... , learned counsel for the defendant-respondent on the other hand submitted that in absence of custom of maintenance of a christian wife not having been pleaded and proved, trial court is correct in its finding. ..... , in the facts of this case, i have no hesitation to find that before the alleged marriage, plaintiff adopted christianity.6. ..... the present case when admittedly, both parties were residing as husband and wife in defendant's house for a long time and were accepted as such by family members, the same is a corroborative fact for the subsequent marriage in accordance with law to give it a legal sanctity to create rights and obligations. ..... suit is for maintenance both arrear, pendente lite and future and for return of the ornaments and dowry which has been dismissed.short case of the plaintiff is that she and defendant are christians and they were married in the year 1974. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1960Ori164
..... marriage amongst the indian christians can be proved only in the manner as stated ..... 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 appointed under this act, and (v) by any person licensed under this act to grant certificates of marriage between indian christians.thus, section 5 lays down certain classes of persons who can solemnize marriage between indian christians, but the act nowhere provides that the .....
Tag this Judgment!Court : Orissa
Reported in : I(1994)DMC16
..... since the marriage was not in accordance with the provisions of the indian christians marriage act, it is not valid. ..... the only ground on which dissolution of marriage and divorce under section 10 can be granted is the wife's living in adultery. ..... application for dissolution of marriage by a decree of divorce under section 10 of the indian divorce act having been dismissed, this appeal has been preferred.2. ..... under section 10 of the indian divorce act, a husband can file a petition for dissolution of the marriage on the ground that his wife has been guilty of adultery after solemnization of marriage. ..... at the instance of one nityananda jena, an influencial man of the locality, the marriage register was signed by both of them in the house of the appellant though it is required to be signed either in the house of the bride or in the church. ..... the very fact that the application for dissolution of marriage under section 10 of the act has been filed itself indicates that plaintiff has accepted defendant as his wife. ..... respondent on the other hand stated that plaintiff is a christian and she is an adivasi lady. ..... would be unfair to allow plaintiff to raise technical objections about the validity of the marriage any further. ..... sometime in 1974, they were married as per the prevailing custom of the christian community. ..... accordingly, application was filed for dissolution of marriage and divorce. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1997Ori162; 84(1997)CLT132
..... the case of the parties in the background of section 10a christian marriage can be dissolved only under the provisions of a statute of general application to such marriages. ..... are christians and decree for dissolution of marriage can he passed if conditions mentioned in section 10 of the act are fulfilled, apart from compliance of section ..... a petition to the district court or to the high court, praying that hermarriage may be dissolved on the ground that since the solemaization thereof, her husband has exchanged his profession of christianity for the profession of some other religion, and gone through a form of marriage with another woman; or has guilty of incostuous adultery, or of bigamy with adultery, or of marriage with another woman with adultery. ..... husband may present a petition to the district court or to the high court, praying that his marriage may be dissolved on the ground that his wife has, since the solemaization thereof been guilty ..... dissolution of marriage enumerated in section 10 cannot ..... the proof of misconduct as envisaged by section 10 of the act that a decree for divorce is permissible subject to the restrictions contained in sections 16 and 17 of the act. ..... come up before this bench for confirmation as required under section 17 of the indian divorce act. ..... dissolution of marriage passed by ..... in absence of an application under section 11 for excusing the petitioner-husband from not making the adulterer a co-respondent in the petition, the court has no jurisdiction to .....
Tag this Judgment!Court : Orissa
Reported in : 108(2009)CLT911
..... in other words, in the event the conditions remain unfulfilled, a marriage between two hindus could not be solemnized.the expression 'may' used in the opening words of section 5 is not directory, as has been sought to be argued, but mandatory & non-fulfilment thereof would not permit a marriage under the act between two hindus. ..... a marriage outside the scope of hindu marriage act is not a marriage in the eye of law & a child born out of such marriage between a hindu male & a non-hindu female cannot succeed to the co-parcenary property left by his/her hindu father in view of section 8 of the hindu marriage act.9. ..... she does not claim to have married debendra by following the ceremonies of a hindu marriage (section 7) or by registration as provided under section 8 of the hindu marriage act. ..... hindu marriage act applies to a person who is a hindu by religion within the meaning of section 2 of the act, marriage may be solemnized between the two hindus subject to fulfilment of conditions stated in clauses (i) to (vi) of section 5 of the act. ..... 2 being the daughter of a christian woman born through a hindu father, she is only entitled to separate properties of her hindu father in absence of any other class-i legal heir. ..... he converted his religion to christianity & demanded his share from the joint family property of his father govinda polai. ..... debendra was in love with a christian lady. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1986Ori255
..... compliance cannot be extended too far to include serious or vital mistakes which shed the character of a true copy so that the copy furnished to the returned candidate cannot be said to be a true copy within the meaning of section 81(3) of the act, and(5) as section 81(3) is meant to protect and safeguard the sacrosanct electoral process so as not to disturb the verdict of the voters, there is no room for giving a liberal or broad interpretation to the provisions of the ..... although the petitioner invited him to attend his marriage ceremony, the witness did not attend.the witness has been forthright in making statements, based on his general impression that except the reputation of the petitioner that he is a christian by religion he -has no other personal knowledge about him ..... so even if the religion or caste of the tenant is recorded in the record-of-rights, presumption under section 13(3) about the correctness of such entry cannot arise.in the decisions of the privy council referred to above the principle that was laid down was, entries in the settlement record-of-rights, though important evidence ..... respondent who is the elected candidate of 86-malkariagiri (scheduled caste) constituency in his written statement has, inter alia, contended that the election petition is barred by limitation and is otherwise liable to be dismissed under section 86(1) for non-compliance of the provisions of sections 81, 82, 83 and 117 of the representation of the people act (referred to as 'act'). .....
Tag this Judgment!Court : Orissa
Reported in : AIR1997Ori47
..... earlier than six months after the date of the presentation of the petition referred to in sub-section(l) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce ..... divorce by mutual consent --(1) subject to the provisions of this act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the marriage laws (amendment) act, 1976, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have ..... christian world began by calling their marriage a sacramental and propounded thedoctrine of indissolubility of marriage. ..... in the christian world, marriage could not be dissolved even by ..... ) seeking a decree of divorce under section 13 of hindu marriage act, 1955 (in short, the 'act') on the ground of ..... divorce was the privilege of the lower castes and higher castes seldom had a custom which permitted divorce.in the pre-christian roman law marriage and divorce were essentially private acts; romans had the same freedom of dissolving their marriage as they had of entering into it. .....
Tag this Judgment!Court : Orissa
Reported in : 2003(II)OLR18
..... family court could not have straightaway passed a decree of divorce by dissolving the marriage without getting it confirmed by this court as required under sections 17 and 20 of the indian divorce act, 1869. ..... the principal act has come to be amended by the indian divorce (amendment) act, 2001 (act 51 of 2001) which has come into force with effect from 3.10.2001 by virtue of which sections 17 and 20 of the principal act stand amended dispensing with the provision of confirmation of the decree by this court. ..... under the principal act, every decree for dissolution of marriage or for a decree of nullity of the marriage was subject to confirmation by the high court as required under sections 17 and 20. ..... 262 of 1996 in the court of learned judge, family court, cuttack by a petition under section 22 of the indian divorce act, 1869 read with section 7 of the family courts act, 1984 for a decree of divorce against petitioner no. ..... impugned decree having been made prior to the commencement of act, 51 of 2001, required confirmation by this court which the learned judge, family court, did not seek as per sections 17 and 20 of the principal act.7. ..... admittedly, the parties belong to christian community. ..... 30,000/- towards the marriage expenses of their daughter petitioner no. ..... 30,000/- towards the marriage expenses of petitioner no. ..... 2 in his petition under section 22 of the indian divorce act, 1869 alleged that petitioner ..... court, cuttack, has directed dissolution of the marriage between petitioner no. .....
Tag this Judgment!Court : Orissa
Reported in : 2001(I)OLR65
..... the learned counsel for the petitioner has placed reliance upon section 28 of the births, deaths and marriages registration act, 1886 (6 of 1886) in support of his contention that it is only the prescribed authority, namely the registrar of births and deaths who can correct any error contained in such register and n6 other authority ..... be admissible in evidence.a copy of an entry given under the last foregoing section shall be certified by the registrar-general of births, deaths and marriages, or by an officer authorised in this behalf by the state government, and shall be admissible in evidence for the purpose of proving the birth, death or marriage to which the entry relates. ..... (2) if a certified copy of the entry has already been sent to the registrar general of births, deaths and marriages, the registrar of births and deaths shall make and send a separate certified copy of the original erroneous entry and of the ..... that by doing so, the court was arrogating in itself the jurisdiction vested in the registrar whose duty it is to maintain the death and birth register.6. ..... in chapter-ill of the act relating to registration of births and deaths in intended to empower the registrar to correct any entry already made in such register. ..... -(1) if it is proved to the satisfaction of a registrar of births and deaths that any entry of a birth or death in any register kept by him under this act is erroneous in form or substance, he may, subject to such rules as may be made by the state government .....
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