Court : Kerala
Reported in : AIR2007Ker152; I(2008)DMC220
..... in the aforesaid circumstances, having regard to the facts of the case, as already noticed, it is directed that the application for registration of the marriage of the petitioners shall be received and acted upon, if it is otherwise in order, and the marriage shall be registered without awaiting the period of thirty days and such registration shall be published in the notice board of the first respondent and will be liable to cancellation on any just and legal objections in accordance with ..... if it were the intention of the legislature to provide a certain gestation period of such cohabitation after the ceremonial marriage, but before the application for registration, it would have found expression in clause (a) itself. ..... district registrar : 2007(1)klt247 , i am inclined to direct the registration of the marriage under the special marriage act, 1954, hereinafter referred to as the 'act', for short, without insisting on the statutory notice period of thirty days.2. ..... it provides that any marriage celebrated before or after the commencement of the act other than one solemnized ceremoniously under the special marriage act, 1872 or under the special marriage act, 1954 may be registered under chapter iii by a marriage officer in the territories to which the act extends, if conditions (a) to (f) under section 15 are satisfied. .....
Tag this Judgment!Court : Delhi
Reported in : 1992(24)DRJ294
g.l. mittal, j.(1) respondents no. 2 and 3 are present in court in person. both of them are of the age that they can marry and there is no prohibition of marriage. when we issued show cause notice it was argued that under the special marriage act, 1954, that marriage of citizens of india domiciled in the territory would be subject to the registration and since respondent no. 2 is an afghan citizen the marriage cannot be registered by the marriage officer.(2) learned counsel for the petitioner has not been able to show any provision of law under which it is necessary that a person who wants to get married under the special marriage act, 1954 must be a citizen of india. on the other hand the learned counsel for respondents no. 2 and 3 has invited our attention to a judgment of kamataka high court in the case of vatsala & another v. sub registrar & marriage officer, 1981 (1) dmc 276 wherein it was held that there is no prohibition under the special marriage act. 1954 read with foreign marriage act. 1969 of a marriage between an indian with a foreign national. accordingly, we dismiss the writ petition, dusty.
Tag this Judgment!Court : Kerala
Reported in : AIR2007Ker264; I(2008)DMC55; 2007(3)KLJ255
..... the question posed in this case is, being a directory provision can the petitioners seek a writ of mandamus directing the marriage officer to accept such an application filed before the expiry of thirty days as provided under section 15(f) of the act ..... inclined to reject the request of the petitioners to issue a direction to the respondents to receive the application for registration of their marriage due to non-compliance of the condition mentioned in section 15(f) of the act. ..... has come up for consideration in this case is whether a writ of mandamus can be issued directing the marriage officer to entertain an application which was submitted without complying with section 15(f) of the special marriage act on the ground that the provision is directory.2. ..... the stand that section 15(f) being a directory provision the marriage officer has got the discretion to waive the requirements.3. ..... circumstances since section 15(f) is a directory provision, it is meant for compliance and no writ of mandamus can be issued to the marriage officer to violate that such directory, statutory provision. ..... marriage officer was therefore justified in rejecting the application for registration of marriage for non-compliance of section 15(f) of the special marriage ..... follows:under such circumstances, we are inclined to take the view that clause (f) of section 15 is only a directory provision, and the failure to follow the said clause strictly would not make the registration of the marriage under the act invalid. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : II(2006)DMC608; (2006)142PLR352
n.k. sud, j.1. petitioners applied for the registration of their marriage before the deputy commissioner-cum-marriage officer, hoshiarpur. they have been directed by the marriage officer vide order dated 22.3.2005 to have the factum of their marriage published in newspaper. petitioners complain that there is no provision under the special marriage act, 1954 (for short the act), requiring the publication in the newspaper.2. mr. p.s. chhinna, additional advocate general was asked to seek instructions in the matter. he concedes that there is no provision under the act for publication of the factum of marriage in a newspaper for the purpose of registration. he, therefore, states that the petitioners should appear before the marriage officer who shall take necessary action and dispose of the application of the petitioners in accordance with law without insisting upon the publication in a newspaper.3. accordingly, in view of above, impugned order dated 22.3.2005, annexure p/9 is set aside. the marriage officer will now pass a fresh order on the application of the petitioners in accordance with law without insisting of publication in the newspaper.the writ petition stands allowed in the above terms
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2009SC2684; 2009CriLJ3480; JT2009(6)SC212; RLW2009(2)SC1419; 2009(6)SCALE528; (2009)12SCC331; 2009(4)KCCRSN228.; 2009AIRSCW4122; 2009(4)LHSC2221
..... its wisdom while providing for the definition of `dowry' emphasized that any money, property or valuable security given, as a consideration for marriage, `before, at or after' the marriage would be covered by the expression `dowry' and this definition as contained in section 2 has to be read wherever the expression `dowry' ..... the words or expressions relating to the persons committing the offence so as to rope in not only those validly married but also any one who has undergone some or other form of marriage and thereby assumed for himself the position of husband to live, cohabitate and exercise authority as such husband over another woman. ..... 2 of the dowry act shows that any property or valuable security given or 'agreed to be given' either directly or indirectly by one party to the marriage to the other party to the marriage 'at or before or after the marriage' as a 'consideration for the marriage of the said parties' would become `dowry' punishable under the dowry act. ..... learned counsel for the respondent-state on the other hand submitted that whether there was valid legal marriage subsisting qua the appellant is a question of fact and, therefore, the high court was justified in ..... thus, it would be seen that section 4 makes punishable the very demand of property or valuable security as a consideration for marriage, which demand, if satisfied, would constitute the graver offence under section 3 of the act punishable with higher imprisonment and with fine which shall not be less .....
Tag this Judgment!Court : Delhi
Reported in : II(1997)DMC643
..... in such a situation, how can it be believed that because of the prevailing condition in all around surrounding the small community of brahmins in district jhang which was muslim dominated area there had developed a rule of marriages between first cousins amongst panch-jatia brahmins of district jhang.further, how can it be accepted that the custom/usage contended by the respondent had been since ancient times and the same is an ancient custom. ..... contents of para 5 of the petition are correct to the extent that the parties to the petition are within the degrees of prohibited relationship; however, it is submitted that the marriage between the parties is being governed by the customs as well as usage governing each of them and permits a marriage between the parties as detailed below: the fore-fathers of the petitioner as well as the respondent are originally residents of jhang (now in pakistan) and it had a total population ..... the learned lower court in its judgment has observed that 'from the evidence on record of parties, the solemnisation of marriages amongst cousins almost similarly placed as the parties herein is established from the marriages of kanchan referred to by pw 1, 3-4 marriages after 1947 referred to by pw 2 an advocate and the person who performed role of father of the petitioner at the marriage of parties, marriage of vinod before 1947 referred to by pw 3, that of shadi lal cousin of pw 3 referred to by pw 3 that of veera bai before 1947 referred to by pw 7, jagat .....
Tag this Judgment!Court : Delhi
Reported in : AIR2007Delhi101; 2006(92)DRJ650
..... reads as: '(vi) one of the parties or his/her parent is residing within the jurisdiction of the registrar, for more than thirty days' to the delhi hindu marriage registration rules, 1956 form a, cannot be so interpreted so as to deny the registration of the marriage of parties whose marriage is solemnized in delhi whether or not the parties to the marriage or their parents are residents of delhi, so as to escape of vice of unconstitutionality as well as being ultravires section 8 of the act and vocative of the principles laid down ..... petition shall be presented - 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 petition, in a case where the respondent is, at that time, residing outside the territories ..... in so far as the present case is concerned, the impugned amendment in so far as this writ petition is concerned reads as follows:amendment of form a - in the delhi hindu marriage registration rules, 1956, form a, clause 7, for sub clause (vi), the following sub-clause shall be substituted, namely-(iv) one of the parties or his/her parent is residing within the jurisdiction of the registrar, for more than .....
Tag this Judgment!Court : Guwahati
..... the case of the opposite party, sowala gogoi was that the petitioner khiteswar had married her according to the hindu marriage rites on 14-3-80 and thereafter she lived with him as his wife in his official quarter and also sometimes with his parents at their ancestral home at asamiya gaon. ..... the opposite party sowala gogoi filed a petition before the district judge, dibrugarh under section 10 of the hindu marriage act, 1955 (hereinafter 'the act') read with section 4 of the marriage law (amendment) act, 1976 for a decree for judicial separation contending, inter alia, that she was the wife of the petitioner having been married to him on 14th march, 1980 according to 'hindu rites'. ..... on the face of categorical denial by the petitioner, it was incumbent upon her to prove by positive evidence that marriage had been solemnised between them in accordance with the customary rites and ceremonies which she totally failed to do. ..... their statements also go counter to the statement made by the opposite party in her petition that the marriage took place on 14th march, 1980 and since then she had been staying with the petitioner. ..... the contention of the petitioner is that the learned district judge committed manifest error of law in arriving at the aforesaid finding, because in order to hold that there was a valid marriage between the parties, there must be evidence to show that the marriage was solemnised in accordance with customary rites and ceremonies of either party thereto. .....
Tag this Judgment!Court : Guwahati
..... not be dissolved on mutual consent the learned district judge failed to notice that under section 10 of the act any wife may present a petition praying that her marriage may be dissolved on the ground that since the solemnization thereof her husband has been guilty of adultery coupled with such cruelty as without adultery would have entitled her to divorce a mense et toro or of adultery ..... learned district judge after observing, and we think rightly, that the act does not contain a provision similar to section 13b, hindu marriage act, 1955 for divorce by mutual consent and in view of the provisions of sections 12, 13, 14 and 47 of the act has held that a decree for divorce on consent is not permissible. ..... as regards cruelty for the purpose of the hindu marriage act, prior to the amendment act of 1976 in the hindu marriage act, 1955, the connotation of 'cruelty' was indicated in section 10(1)(b) by way of a ground for judicial ..... a ground of divorce the treatment with cruelty since the celebration of the marriage, but revelation after marriage of deception before it may be cruelty where it is aggravated by circumstances. ..... respondent, however, made no comments on the allegation of cruelty and stated that the marriage between them had broken down irretrievably and that continuation of marriage tie would only add misery to the respondent. 4. ..... deposed that the respondent was living an adulterous, life and hence she prayed for dissolution of marriage without claiming any alimony from him. 3. .....
Tag this Judgment!Court : Mumbai
Reported in : 1988(2)BomCR601
..... produced before him, found that the applicant-wife has sufficient income to support herself and to meet the expenses of the proceedings and, therefore, dismissed the petition under section 24 of the hindu marriage act and this court in revision cannot interfere with the said finding of the learned trial judge and cannot award maintenance pendente lite and expenses of the proceedings under section 24 of the hindu ..... the accounts with the three firms mentioned above, i find that the learned trial judge was not right in doubting the marriage expenses the applicant had to incur, the expenses she had to incur for purchasing jewellery, furniture and other articles at the time of the marriage and the expenses she had to incur for the renovation of the bedroom, kitchen and bathroom at her matrimonial house. ..... what could be done in the writ petition for enhancing the interim maintenance under section 24 of the hindu marriage act can also be done in the revision in case the court is satisfied that the court below has acted with material irregularity in the exercise of its jurisdiction and it has resulted into failure ..... taken as a partner by her father in his firm so as to accumulate funds in her account for her marriage and there is nothing wrong for the applicant wife to spend for the jewellery, furniture, t.v. ..... and for other items which are normally required to be given at the time of the marriage commensurate with the financial and the social status of the families of the bride and the .....
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