Bangalore marriages validating act
the hindu marriage validity act, 1949 permitted performance of both forms of inter-caste marriages. in 1909, the 259 anand marriage act legalized marriages amongst sikhs (called anand). married the petitioners submitted an application before the registrar of marriages under section 15 of the act of 1954. learned counsel for the petitioners has argued that section 1(2) of the act of 1954 do not bar registration of marriage between indian citizen and citizen of any other country. passed to declare them to be valid and to have always been valid. aur kuchh nahi hua.'this does not amount to a marriage according to arya ..... omitted here.--ed.) there is a slight ritual variation in the form of saptapadi of an arya samajist marriage, but the basic mantras are similar.7. was not valid and the subsequent marriage according to arya samaj rites was valid, then the divorce act (as amended in 1927) would be applicable proprio vigor e as ..... the district judge found that the marriage under the special marriage act on 13th march 1925 was a valid marriage and that the subsequent marriage according to arya samaj rites also would have been valid if the parties had not already been married.under the hindu marriage act, 1955 inter-caste marriages among all ..... in 1923, by an amendment to the special marriage act, inter-religious civil marriages between hindus, buddhists, sikhs and jains were legalized. the said application was rejected on the ground that the petitioner no.2 did not ..... in support of his submission learned counsel for the petitioners has placed reliance on a judgment ..... before the enactment of the hindu marriage act, 1955, the two ceremonies essential for solemnizing a valid hindu marriage were, according to para 437 (1) of mulla's hindu law : '(1) invocation before the ..... on this footing, the divorce act was applicable to the case by virtue of section 17, special marriage act. special marriage act, that was valid; according to the husband, it was the second, namely, that according to arya samaj rites, rather than the first.the petition was dismissed by judgment and decree .....was put on trial and by judgment and decree dated 2nd april, 2011, the learned additional district judge, delhi dismissed the petition under section 9 of the hindu marriage act, 1955 against the respondent.15.
are 'plenary powers as large and of the same nature as those of parliament itself.' there is nothing in the government of india act to prevent an indian legislature from passing a validating act of the kind with which their lordships of the privy council were dealing in tilonko v. performed between two hindus only; (v) notwithstanding the fact that respondent misrepresented himself to be a hindu, yet alleged marriage is void and illegal being hit by provisions of hindu marriage act, 1955; (vi) arya samaj mandir can perform marriage within parameters of hindu law/hindu mythology and nobody has larger or overriding powers than the one enshrined in law.10. the petitioner also stated that the provisions of hindu marriage act, 1955 were not applicable, no power and jurisdiction can be exercised by this court.
if the marriage under the special marriage act was valid, section 17 of that act makes divorce act applicable to the dissolution of the marriage. code the prosecution must prove that both the first as well as the second marriage were valid marriages and that the first marriage was subsisting on the date of the second marriage.
if, on the other hand, the marriage under the special marriage act ..... a marriage is said to be valid when it satisfies the conditions laid down in sections 5 and 7 of the act.
in 1937, the arya marriage validation act legalized the inter-caste marriages, and marriages with converts to hinduism, among the followers of arya samaj. section 5 of the hindu marriage act, 1955, provides for the conditions of ..... section 7 incorporates the ceremonies required for a hindu marriage. of the special marriage act, 1954 [hereinafter referred to as "act of 1954"]. briefly stated the petitioner no.1 an indian national had performed marriage with petitioner no.2 a land of german national at arya samaj, hansapuri, nagpur [maharashtra] after the petitioner no.2 converted her religion from german to arya samagist. dismissing the petitioners' appeal on the ground that since the petitioner no.2 is not a citizen of india, the marriage solemnized between petitioner no. if independently of the act there was a custom the widow could remarry and section 2 of the act will not apply. aryasamajists are hindus and there was no special enactment which authorised marriage of widows in that community. therefore, which applies to a hindu widow will also apply to an aryasamajist that section 2 will not apply, if the marriage can be validly performed independently of the provisions of the act. almora honorary assistant collector decrees and orders validating act, 11 of 1938 (local). repeals that ordinance with this reservation that it validates the sentences passed by the special courts. it is immaterial for our present purposes which is the correct view.
in 1949, hindu marriages validity act legalized inter-religious marriages. their marriage was performed under arya samaj marriage validation act,1937. 1 and 2 cannot be registered under section 15 of the act of 1954. the arya marriage validation act (act 19 of 1937) only provides that marriages between aryasamajists will not be ..... this view was accepted in the full bench decision of this court in -- 'bhola umar v. kausilla : air1932all617 , and by niamatullah, ..... such legislation is not novel and instances of such legislation are inter alia furnished by, (1) the marriage validation act, 2 of 1892; (2) transfer of property validating act, 26 of 1917; (3) decrees and orders validating act, 5 of 1937; (4) u.p. emperor : air1943cal489 has mentioned some of the validating acts. if the marriage under the special marriage act was valid, section 17 of that act makes divorce act applicable to the dissolution of the marriage. was no valid marriage between petitioner and respondent because respondent is not converted from muslim religion to hinduism.