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Queen-empress Vs. Yohan and ors. - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtChennai
Decided On
Judge
Reported in(1894)ILR17Mad391
AppellantQueen-empress
RespondentYohan and ors.
Excerpt:
christian marriage act - act xv 1872, section 68--solemnization of marriage under hindu rites between a native christian and a hindu by a person not authorized, to perform marriages under section 5 of the act. - .....the preamble and sections 4, 5 and 68 of the present act xv of 1872 are almost identical with the preamble and sections 4, 5 and 56 of act v of 1865.2. section 68, as amended by section 6, act ii of 1891, makes punishable the solemnization of a marriage between persons of whom one is a christian, unless the person solemnizing such marriage has been authorized for that purpose under section 5. it is conceded that the third accused was not authorized under section 5, and hence the case is exactly similar to that in proceedings of the madras high court, dated 21st march, 1871 6 m.h.c.r app. 20 and the accused are, prima facie, liable to punishment.3. we are told that this application has been made by government merely to obtain an au s not pressed for, having regard to the length of time.....
Judgment:

1. We cannot agree with the view taken by the Sessions Judge. The preamble and Sections 4, 5 and 68 of the present Act XV of 1872 are almost identical with the preamble and Sections 4, 5 and 56 of Act V of 1865.

2. Section 68, as amended by Section 6, Act II of 1891, makes punishable the solemnization of a marriage between persons of whom one is a Christian, unless the person solemnizing such marriage has been authorized for that purpose under Section 5. It is conceded that the third accused was not authorized under Section 5, and hence the case is exactly similar to that in Proceedings of the Madras High Court, dated 21st March, 1871 6 M.H.C.R App. 20 and the accused are, prima facie, liable to punishment.

3. We are told that this application has been made by Government merely to obtain an au s not pressed for, having regard to the length of time which has elapsed.

4. We, therefore, do not think it necessary to pass any further order.


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