Marriage, Promise of, need not be in writing, although an 'agreement in consideration of marriage' must be, by s. 4 of the Statute of Frauds. So it was decided, overruling an earlier decision to the contrary, about 200 years ago, and the question does not appear to have been raised since 1717. In early times the spiritual courts enforced specific performance of the promise, and this jurisdiction was not formally abolished until the reign of George II., by 26 Geo. 2, c. 33. In an action for the breach of the promise, the parties were excepted amongst others) from the general abolition of admissibility of parties as witnesses under the Evidence Act,1851, but this exception was removed by the Evidence Further Amendment Act, 1869, under which, however, the plaintiff may not 'recover a verdict' unless his or her testimony be corroborated by some other material evidence in support of such promise. The mere non-answering of a letter is not, however, sufficient corroboration, Wiedman v. Walpol...
Sagotra marriage, the custom of sagotra marriages amongst the Waish Aggarwals is a well established and recognised custom and that although it may not be approved by a certain section of that community, it carries with it no sort of stigma or evil consequences. The issue of such marriages is perfectly legitimate and the bond is recognised on all sides, Krishen v. Sham Sunder, AIR 1933 Lah 585....
Son, 'son' as understood in common parlance means a natural son born to a person after marri-age. It is the direct blood relationship which is the essence of the term in which 'son' is usually understood, emphasis being on legitimacy. In legal parlance, however, 'son' has a little wider connotation. It may include not only the natural son but also son's son, namely, the grandchild, and where the personal law permits adoption, it also includes an adopted son. Even illegitimate son may be treated as legitimate, as for example, the 'son' referred to in s. 16 of the Hindu Marriage Act, as originally enacted. Thus the term 'son' itself is a flexible term and may not be limited to the direct descendant. Its true meaning, like the term 'family' discussed above, will depend upon the context in which it is used. K.V., Muthu v. Angamuthu Ammal, AIR 1997 SC 628 (632): (1997) 2 SCC 53.1. A person's male child 2. An immediate male descendant 3. An adopted male child or dependent, Black's Law Dictio...
Contacting party, to a marriage means either of the parties whose marriage is thereby solemnised. [Child Marriage Restraint Act, 1929 (19 of 1929), s. 2 (c)]...
Copyhold. Tenure in copyhold has been abolished under the (English) L.P. Acts, 1922 and 1925, and the Amending Acts of 1924 and 1926, but the greater part of the former title on this subject has been retained verbatim in view of the importance of the subject in examining titles. In the previous edition of this work, copyhold was described as a base tenure founded upon immemorial custom and usage; its origin is undiscoverable, but it is said to be the ancient villeinage modified and changed by the commutation of base services into specified rents, either in money or money's worth.A copyhold estate is a parcel of the demesnes of a manor held at the lord's will, and according to the custom of such manor. The tenant may have the same quantities of interest in this tenure as he may enjoy in freeholds, as an estate in fee-simple or (by particular custom) fee-tail, or for life, and he may have only a chattel interest of an estate for years in it. By the custom of some manors, the estate devol...
Impotent, Impotency, a party is impotent if his or her mental or physical condition makes cons-ummation of the marriage a practical impossibility. The condition must be one, according to the statute, which existed at the time of the marriage and continued to be so until the institution of the pro-ceedings. Impotency means incapacity to consum-mate the marriage and not merely incapacity for procreation (Indian Divorce Act, s. 19). In order to entitle the appellant to obtain a decree of nullity, as prayed for by him, he will have to establish that his wife, was impotent at the time of the marriage and continued to be so until the institution of the proceedings, Digvijay Singhji v. Pratap Kumari, (1969) 2 SCC 279: AIR 1970 SC 137 (138). [Hindu Marriage Act, 1955, s. 12(1) (a)]...
Solemnise, the word 'solemnize' means, in connec-tion with a marriage, to celebrate the marriage with proper ceremonies and in due form (Shorter Oxford Dictionary). It follows that unless the marriage is celebrated or performed with proper ceremonies and due form it cannot be said to be solemnized, Bhaurao Shankar Lokhande v. State of Maharashtra, AIR 1965 SC 1564 (1565): (1965) 2 SCR 837. (Hindu Marriage Act, 1955, s. 17, 3)To enter into (a marriage, contracts etc.) by a formal act usu. before witness, Black's Law Dictionary, 7th Edn., p. 1398...
Venereal disease. The (English) Venereal Disease Act, 1917, prohibits the treatment of venereal disease otherwise than by a duly qualified medical practitioner. Advertisement o cures, treatment, etc., is prohibited except when made to duly qualified medical practitioners or chemists or by public authorities. Venereal disease is defined as meaning syphilis, gonorrh'a, or soft chancre, and see INFECTIOUS DISEASES; Public Health Acts, 1875-1936; Local Government Acts, 1929 and 1933. See also SLANDER and CRUELTY. [Referred, Hindu Marriage Act, 1955 (25 of 1955), s. 13(1)(v)]...
Consensus, non concubitus, facit matrimonium. Co. Litt. 323, (Consent, not cohabitation, constitutes marriage.)Consent in necessary to matrimony, and therefore person non compotes mentis, or a boy under 14 or a girl under 12, or a person under coercion (see Scott v. Sebright, (1886) 12 PD 21), cannot enter into this, or indeed any other contract. But see now Age of Marriage Act,1929 (19 & 20 Geo. 5, c. 36), which avoids any marriage of persons under 16, and see MARRIAGE....
Midwife. A person following the profession of delivering women of children. The (English) Medical Act, 1886, by s. 3 requires as a qualification for registration as a medical practitioner, and for the recovery of professional charges, the having passed a qualifying examination in 'medicine, surgery, and midwifery.' The (English) Midwives Act, 1902, as amended by the (English) Midwives Acts, 1918 to 1937, penalizes any woman, not certified under the Act, who styles herself a midwife, or who habitually attends women in child birth for gain; constitutes a Central Midwives Board to regulate the issue of certificates; establishes a 'Midwives Roll'; provides for the local supervision of midwives by county or county borough councils, and otherwise aims at securing the better training of midwives and the regulation of their practice. For the Acts and the Rules of the Central Midwives Board under it, see Chitty's Statutes. The (English) Ministry of Health Act, 1919, provides that the Ministry s...