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Mt. Prem Dulare Vs. NaraIn Prasad - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtAllahabad
Decided On
Reported inAIR1940All308
AppellantMt. Prem Dulare
RespondentNaraIn Prasad
Excerpt:
- - but we are not satisfied that there is any force in this argument. we are satisfied that the marriage has not been proved, and we are therefore compelled to reject the application and set aside the decree for dissolution passed by the learned judge of the court below......dissolved. we are unable to hold that the marriage has been proved. it was solemnized by pandit tara dutt, who has been appointed, as far as we can discover, a registrar, for the solemnization of marriages under section 3, special marriage act, but only when such marriages are between persons who are aryasamajists. it has been admitted by learned counsel on behalf of the applicant that neither of the parties to this alleged marriage was an aryasamajist. the man was a radhaswami and the woman a member of the sanatan dharma. it has been suggested that the local government was not entitled to limit the powers of pandit tara dutt to the solemnization of marriages between aryasamajists; but we are not satisfied that there is any force in this argument. pandit tara dutt obtained authority.....
Judgment:
ORDER

1. This is an application for the confirmation of a decree for dissolution of marriage passed by the learned District Judge of Agra under the provisions of the Special Marriage Act (3 of 1872) read with the Divorce Act. The question which arises at the inception of the discussion is whether the applicant has proved the marriage which she wishes to have dissolved. We are unable to hold that the marriage has been proved. It was solemnized by Pandit Tara Dutt, who has been appointed, as far as we can discover, a Registrar, for the solemnization of marriages under Section 3, Special Marriage Act, but only when such marriages are between persons who are Aryasamajists. It has been admitted by learned Counsel on behalf of the applicant that neither of the parties to this alleged marriage was an Aryasamajist. The man was a Radhaswami and the woman a member of the Sanatan Dharma. It has been suggested that the Local Government was not entitled to limit the powers of Pandit Tara Dutt to the solemnization of marriages between Aryasamajists; but we are not satisfied that there is any force in this argument. Pandit Tara Dutt obtained authority from the Local Government, and if the Local Government could give him authority to solemnize all marriages under the Special Marriage Act, we see no reason why it could not give him a limited authority to solemnize some marriages. If the action of the Local Government was ultra vires, then surely the effect would be to render the appointment completely invalid and not to extend it to the solemnization of marriages between persons to whom the Local Government did not intend it to apply. We are satisfied that the marriage has not been proved, and we are therefore compelled to reject the application and set aside the decree for dissolution passed by the learned Judge of the Court below. Our order is to that effect.


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