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Solemnise - Law Dictionary Search Results

Home Dictionary Name: solemnise

Solemnisation of marriage

Solemnisation of marriage, mean connection with marriage, to celebrate the marriage with proper ceremonies, Bhaurao Shanker Lakhande v. State of Maharashtra, AIR 1965 SC 1364....


Solemnise

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...


Marriage

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...


Banns of marriage

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...


Contacting party

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)]...


Impedimentum dirimens

Impedimentum dirimens, 'cause or impediment' to marriage which is not removed by the actual solemnisation of the rite, but continues in force and makes the marriage null and void (opposed to impedimentum impediens). See Sanchez de Matrimonio, lib. 7, disputatio 6....


Pallio cooperire

Pallio cooperire. It was anciently a custom where children were born out of wedlock and their parents afterwards intermarried, that the children, together with the father and mother, stood under a cloth extended while the marriage was solemnised. It was in the nature of adoption. The children were legitimate by the Civil, but not by the Common, Law, Jac. Law Dict. see BASTARD....


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