Judgment Search Results Home > Cases Phrase: christian marriage act1872 section 7 marriage registrars Court: supreme court of india Page 1 of about 4 results (0.120 seconds)

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 .....

Lakshmi Sanyal Vs. Sachit Kumar Dhar

Court : Supreme Court of India

Reported in : AIR1972SC2667; (1972)2SCC647; [1973]2SCR122

..... it has been pointed out that even though the heading of part iii in which section 19 occurs confines the provisions therein to marriages solemnized by the minister of religion licensed under the act, section 19 is of general application and whenever a christian marriage is solemnized by any priest or minister its provisions would be applicable. ..... section 71 gives the punishments for a marriage registrar who among others commits the offence of solemnizing the marriage when one of the parties is a minor before the expiration of 14 days after the receipt of notice of such marriage or without doing the other acts mentioned in sub-section (3) of that section. ..... under section 68 whoever not being authorised to solemnize a marriage does so in the absence of a marriage registrar shall be punished with imprisonment which may extend to 10 years etc. ..... when such protest has been entered no certificate shall be issued until the marriage registrar has examined into the matter and is satisfied that the certificate should be issued. ..... thus every care is taken to ensure that the solemnization of the marriage as provided by section 5 may be done by persons who were authorised to do so and in accordance with the rules and customs of the church to which such persons belong under categories 1 and 2 and in accordance with the provisions of the act by the minister of religion or the marriage registrar or a person licensed under the act falling in categories 3, 4 and 5 as the case may be. .....

Reynold Rajamani and anr. Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Reported in : AIR1982SC1261; 1982(1)SCALE566; (1982)2SCC474; [1983]1SCR32; 1982(14)LC570(SC)

..... , j.1.the appellants, who belong to the roman catholic community, were married on december 30, 1967 in podannur in the state of tamil nadu under section 27 of the indian christian marriage act, 1872. ..... counsel for the appellants then points out that a christian marriage can be registered under the special marriage act, 1954 and that there is no reason why a marriage registered under the indian christian marriage act should not enjoy an advantage which is available to a marriage registered under the special marriage act. ..... divorce and matrimonial causes in england for the time being acts and gives relief :provided that nothing in this section shall deprive the said courts of jurisdiction in a case where the parties to a marriage professed the christian religion at the time of the occurrence of the facts on which the claim to relief is founded.the section requires that in all suits or proceedings under the indian divorce act the high court and district courts shall ..... that the marriage in this case could have been registered under the special marriage act, 1954, inasmuch as it was solemnised in 1967 it was open to the parties to avail of that act instead of having resort to the indian christian marriage act, 1872 ..... thomas appeals to us to adopt a policy of 'social engineering' and to give to section 7 the content which has been enacted in section 28 of the special marriage act, 1954 and section 13b of the hindu marriage act, 1955, both of which provide for divorce by mutual consent. .....

Mrs. Valsamma Paul Vs. CochIn University and Others

Court : Supreme Court of India

Reported in : AIR1996SC1011; 1996(1)CTC301; (1996)3GLR92; JT1996(1)SC57; 1996(1)KLT169(SC); 1996LabIC919; 1996(1)SCALE85; (1996)3SCC545; [1996]1SCR128; 1996(1)LC626(SC)

..... christian marriage act permitted marriage ..... before law' and 'equal protection of the laws' guaranteed by article 14 and its species articles 15(4) and 16(4) aim at establishing social and economic justice in political democracy to all sections of the society, to eliminate inequalities in status and to provide facilities and opportunities not only amongst individuals but also amongst groups of people belonging to scheduled castes (for short 'dalits')', ..... develop several identities which constantly interact and overlap, and prove a meeting point for all members of different religious communities, castes, sections, sub-sections and regions to promote rational approach to life and society and would establish a national composite and cosmopolitan culture and way of life ..... section 7a of the hindu marriage act introduced an amendment in the state of tamil nadu providing that marriages made between any two hindus in any form solemnised in the presence of relatives, friends or other persons in a simplified form are a valid marriage; and by statutory operation of sub-section (2), such marriages held earlier to the commencement of hindu marriages madras amendment act 1957 are to be regarded as good and valid in law, ..... ) act, secularism and socialism were brought in the preamble of the constitution to realise that in a democracy unless all sections of the society are provided facilities and opportunities to participate in political democracy irrespective of caste, religion, and sex, political .....

Gullipilli Sowria Raj Vs. Bandaru Pavani @ Gullipili Pavani

Court : Supreme Court of India

Reported in : 2009AIRSCW244; AIR2009SC1085; 2009(2)ALT41(SC); 2009(1)AWC391(SC); 2009(1)KLT1(SC); (2009)2MLJ750(SC); 2009(3)MPHT528(SC); RLW2009(2)SC1589; 2008(16)SCALE109; (2009)1SCC714; 2009(1)LHSC68.

..... 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 customs was a nullity and its registration under section 8 of the act could not and/or did not validate ..... rao submitted that it was clear from the wording thereof that the conditions indicated in the section were to apply only in respect of a marriage between two hindus and that a hindu marriage could be solemnized between two hindus only when the conditions set out in the provisions contained ..... religious community in india had their own form of marriages which excluded members of other religious communities, though the indian marriage act did recognize a marriage between a christian and non-christian to be valid, though under the provisions of the special marriage act.13. mr. ..... marriage between the parties would have to be categorised within the scope and ambit of section 12 relating to voidable marriage since a void marriage under section 11 of the act had been defined to mean any marriage solemnized after the commencement of the act if it contravenes any one of the conditions specified in clauses (i)(iv) and (v) of section ..... there is no dispute that at the time of the purported marriage between the appellant and the respondent the appellant was a christian and continues to be so whereas the respondent was a hindu and .....

Molly Joseph Alias Nish Vs. George Sebastian Alias Joy

Court : Supreme Court of India

Reported in : AIR1997SC109a; (1997)1MLJ109a(SC); [1996]Supp6SCR497; 1996(2)LC729(SC)

..... the indian divorce act or the indian christian marriage act do not give any definition of what the prohibited degrees are ..... preamble of the divorce act says: whereas it is expedient to amend the law relating to the divorce of persons professing the christian religion, and to confer upon certain courts jurisdiction in matters matrimonial; it is hereby enacted as follows section 3(4) defines court to mean the high court or the district court, as the case may be. ..... it is not open, it has been contended, to the courts to travel beyond section 19 or the provisions of the divorce act to discover whether such an impediment which renders the marriage null and void ab initio can be removed by a dispensation granted by the competent authority of the roman catholic church. ..... to him, as the appellant had admitted the earlier marriage and as there was no decree of any civil court in accordance with the provisions of the indian divorce act, 1869 (hereinafter referred to as the divorce act) the former marriage continued in spite of annulment order passed by the ecclesiastical tribunal, and the marriage had to be declared a nullity because of section 19(4) of the divorce act. ..... from the judgment aforesaid it is apparent that this court having said that section 19(2) makes a marriage between the parties within the prohibited degrees of consanguinity a ground for declaring the marriage to be a nullity, pointed out that the divorce act does not give definition as to what are the prohibited .....

Shayara Bano Vs. Union of India and Ors. Ministry of Women and Child D ...

Court : Supreme Court of India

..... judicial process of courts, as void, offending articles 13, 14 and 15 of the constitution; (c) to declare that the mere fact that a muslim husband takes more than one wife is an act of cruelty within the meaning of clause viii (f) of section 2 of dissolution of muslim marriages act, 1939; (d) to declare that muslim women (protection of rights on divorce) act, 1986 is void as infringing articles 14 and 15; (e) to further declare that the provisions of sunni and shia laws of inheritance which discriminate against ..... commencement of the indian divorce (amendment) act, 2001, may, on a petition presented to the district court either by the husband or the wife, be dissolved on the ground that since the solemnization of the marriage, the respondent (i) has committed adultery; or (ii) has ceased to be christian by conversion to another religion; or (iii) has been incurably of unsound mind for a continuous period of not less than two years immediately preceding the presentation of the petition; or (iv) has, for a ..... seven days after the revocation of a divorce the husband shall, with the wife s consent, send a statement thereof to the circuit registrar in whose records the divorce was previously entered. ..... these bye-laws have been certified by the registrar of trade unions in exercise of the statutory ..... court shall record the fact of the pronouncement of one talaq and shall send a certified copy of the record to the appropriate registrar and to the chief registrar for registration. .....

Supriyo @ Supriya Chakraborty Vs. Union Of India

Court : Supreme Court of India

..... which enacted restrictive regulations, essentially to further an orderly society and/or protect women: prohibit bigamy; define minimum age for marriage; child 6 defined as prohibited degrees under section 3 (g) of the hindu marriage act, 1955 - which is not confined to a bar against marriages related by blood, but also through non-biological ties, such as widow of brother, son s widow; mother in law, etc; section 3 (1) (a) of the parsi marriage and divorce act, 1936; section 19, indian divorce act, 1869; section 88, indian christian marriages act, 1872. ..... 247 see, for instance, section 5, hma; section 60, indian christian marriage act 1872; section 3, parsi marriage and divorce act 1936 248 section 4, sma249see, for instance, section 2, dissolution of muslim marriages act 1939 197 part d277 the gender of a person is not the same as their sexuality. ..... a woman who was the daughter of a government school teacher and a woman whose father was a labourer garlanded each other in hamirpur district, uttar pradesh and sought to register their marriage at the local sub- registrar s office. ..... sections 5, 6, 7, 8, 9, 10 and 46 of the sma which contain requirements regarding the publication of a public notice of a proposed marriage and the domicile of the couple, and which empower the marriage registrar to receive and decide objections to the proposed marriage are violative of articles 14, 15, 19 and 21 of the constitution; g. .....

N.E. Horo Vs. Smt. Jahanara Jaipal Singh

Court : Supreme Court of India

Reported in : AIR1972SC1840; (1972)1SCC771; [1972]3SCR361

..... as regards the first point it was never canvassed or argued before the high court, no plea was taken by shri horo in the written statement that there could be no valid marriage between the respondent and late shri jaipal singh owing to the provisions contained in section 57 of the indian divorce act 1869 until after the lapse of a period of six months from the date the decree of divorce was made absolute. ..... after stating that the late shri jaipal singh who was a leader of the jharkhand party and was an adivasi and a munda professing the christian religion, he affirmed that the respondent did not have the right and status of a munda on the basis of established custom. ..... it is noteworthy that a hinduised munda and a munda converted to christianity can inter-marry and conversion to christianity has not become an obstacle in the way of such marriage among the mundas. mr. ..... palpably erred in holding that the respondent had become a member of the munda tribe by marrying shri jaipal singh and set aside the order of the returning officer who had held that she was a christian by birth and munda tribe being an ethnic group its membership could not be acquired by marriage but could be acquired only by birth. ..... changes in their belief, customs, traditions and practices have taken place under the influence of hinduism, christianity, and on account of the impact of western education, urbanisation, industrialisation and improved means of communication. .....