To contract a marriage, means to solemnize or enter into a marriage under any law for the time being in force or by custom or usage in any form or manner. [Gujarat Registration of Marriages Act, 2006, s. 2(a)]...
Marriage. Marriage as understood in Christendom is the voluntary union for life of one man and one woman, to the exclusion of all others, Hyde v. Hyde, 1866 LR 1 P&D 130. Where a marriage in a foreign country complies with these requirements it is immaterial that under the local law dissolution can be obtained by mutual consent or at the will of either party with merely formal conditions of official registration, and it constitutes a valid marriage according to English law, Nachimson v. Nachimson, 1930, P. 217. Previous to 1753 the validity of marriage was regulated by ecclesiastical law, not touched by any statutory nullity but modified by the Common law Courts, which sometimes interfered with the Ecclesiastical Courts, by prohibition, sometimes themselves decide on the validity of a marriage, presuming a marriage in fact as opposed to lawful marriage. A religious ceremony by an ordained clergyman was essential to a lawful marriage, at all events for dower and heirship; but if in an i...
Maintenance, an officious intermeddling in a suit which in no wise concerns one, by assisting either party with money or otherwise to prosecute or defend it; both actionable and indictable [see Bradlaugh v. Newdegate, (1883) 11 QBD 1], and invalidates contracts involving it. By the Roman Law it was a species of crimen falsi to enterin to any confederacy, or do any act to support another's law-suits, by money, witnesses, or patronage, 4 Bl. Com. 134.It is either ruralis, in the country as where one assists another in his pretensions to lands, by taking or holding the possession of them for him; or where one stirs up quarrels or suits in the country; or it is curialis, in a Court of justice, where one officiously intermeddles in a suit depending in any court, which does not belong to him, and with which he has nothing to do, 2 Rol. Abr. 115. Maintaining suits in the spiritual courts is not within the statutes relating to maintenance, Cro. Eliz. 549. A man may, however, maintain a suit in...
Child, means any person below the age of eighteen years and includes any adopted, step or foster child. [Protection of Woman from Domestic Violence Act, 2005 (43 of 2005), s. 2(b)]Child includes a still-born child. [Maternity Benefit Act, 1961 (53 of 1961), s. 3 (b)]Means a person who has not completed fourteen years of age. [Beedi and Cigar Workers (Conditions of Employment) Act, 1966 (52 of 1966), s. 2 (b)]Means a person who has not completed his fifteenth year of age. [Factories Act, 1948 (63 of 1948), s. 2 (c)]Means a person who has not completed his fourteenth year of age. [Child Labour (Prohibition and Regulation) Act, 1986 (61 of 1986), s. 2 (ii)Means a person who has not completed his fourteenth year of age. [Dangerous Machines (Regulation) Act, 1983 (35 of 1983), s. 3 (a)]Means a person who has not completed his fourteenth year of age. [Minimum Wages Act, 1948 (11 of 1948), s. 2 (bb)]Means a person who has not completed the age of sixteen years. [Immoral Traffic (Prevention) A...
Marriage settlement, an arrangement made before marriage, and in consideration of it (the highest consideration known to the law), whereby real or personal property is settled for the benefit of the husband and wife and the issue of the marriage. There is an express saving for such a settlement in s. 19 of the (English) Married Women's Property Act, 1882, and see the (English) Married Women's Property Act, 1907 (7 Edw. 7, c. 1), invalidating a settlement made by a female infant unless confirmed after attaining 21, but without prejudice to settlements under the Infants Settlement Act, 1855 (see post, MARRIED WOMEN'S PROPERTY).Although the policy of the land legislation of 1924 was to assimilate the law of real property to that of personalty as far as possible, marriage settlements of land (not being effected by way of trust for sale), and if providing for infant or for a succession of interests in land or charging land (but in this case subject to the (English) Law of Property Amendment...
Banns of marriage. 'Banns' is the plural of 'Bann' or 'Ban,' an edict or prohibition. The Prayer Book of 1662 directed banns of marriage to be published in church 'three several Sundays or Holy Days immediately before the sentences for the offertory' (this was in the Rubric prefixed to the Form of Solemnisation), but also after the Nicene Creed, together with many other notices separated from those sentences by the sermon (this direction was in the Rubric following the Nicene Creed, and the two directions do not seem quite consistent). In 1753 (English) Lord Hardwicke's Act (26 Geo. 2, c. 33), directed publication during morning service, or evening service if there be no morning service, immediately after the Second Lesson; and about 1809 the Rubrics were altered by the king's printers of their own motion to bring them into agreement with Lord Hardwicke's Act, which, however, may possibly have referred in its alteration to the evening service only. The (English) Marriage Act, 1823 (4 G...
Articles, Marriage, An agreement made in consideration of marriage, generally to secure a provision by conveyance or settlement for the spouses or one of them and the children of the marriage, must, under the Statute of Frauds, 29 Car. 2, c. 3, s. 4, be in writing and will not be enforced unless evidenced in writing, see Montacute v. Maxwell, 1 P Wms 618, and Butterfield v. Heath, (1852) 15 Beav 408. In equity the Articles are considered as minutes of agreement and to create executory trusts, and the Court will give effect to the intention accordingly without strict or any regard to an improper or informal use of words, see Stamford v. Hobart, (1710) 3 Br PC (Tomk. Ed) 31, and Blandford v. Marlborough, (1743) 2 Atk. 542, and therefore the rule in Shelley's Case (now abolished in regard to instruments coming into operation after 1925, see Law of Property Act, 1925, s. 131) was not applied in construing or executing the Articles. See Norton on Deeds....
custody [Latin custodia, from custod- custos guardian] : care or control exercised by a person or authority over something or someone: as a : supervision and control over property that usually includes liability for damage that may occur b : care and maintenance of a child that includes the right to direct the child's activities and make decisions regarding the child's upbringing compare visitation joint custody : custody of a child shared by divorced or separated parents who alternate physical custody of and share in decisions regarding the child called also shared custody phys·i·cal custody : custody that includes sharing a residence with a child shared custody : joint custody in this entry sole custody : custody of a child awarded to only one person and usually to a parent tem·po·rary custody : custody awarded until a final judgment in a matter (as a divorce) is made c : official restraint on freedom (as by arrest or imprisonment or by release on bai...
Child marriage, means a marriage to which either of the contracting parties is a child. [Child Marriage Restraint (English) Act, 1929 (19 of 1929), s. 2 (b)]...
Degrees of prohibited relationship, a man and any of the persons mentioned in Part I of the First Schedule and a woman and any of the persons mentioned in Part II of the said Schedule are within the degrees of prohibited relationship. [Special Marriage Act, 1954 (43 of 1954), s. 2(b)]Degrees of prohibited relationship, [Special Marriage Act, 1954 (43 of 1954), s. 2(b)]...