Court : Supreme Court of India
Reported in : AIR1963SC933; Supp2SCR244
..... such benefit and the shastras, regarding it as an ineradicable sin, prescribe no penance for the sale of a bride.' the learned judge also accepted the presumption that every marriage under the hindu law is according to the brahma form but it can be rebutted by evidence. 26. in 's. authikesavulu chetty v. s. ramanujam chetty' i.l.r. (1909) mad. 512, at ..... does not expressly state that the ceremony of 'kanyadhan' was not observed at bangaru ammal's marriage. in this state of evidence the presumption in hindu law that the marriage was performed in brahmu form must be invoked. as we have pointed out under the hindu law whether a marriage was in brahmu form or asura form the court will presume even where the parties are shudras ..... maintained in its original purity. we are also in these appeals not concerned with any customary form of marriage but only with a marriage sanctioned by hindu law, for no custom was pleaded in derogation of hindu law. but there may be a custom in a community not in derogation of the hindu law but in regard to the manner of complying with a condition laid down by ..... high court. 10. the gist of the learned counsel for the respondents, mr. bheemasankaran's contention may be briefly stated thus : according to dharam shastras there were eight forms of marriage in hindu law, four approved and four unapproved. but as centuries rolled by most of them became obsolete and at present there are only two forms of .....Tag this Judgment!
Court : Chennai
Reported in : 5Ind.Cas.42
..... held to be invalid on the ground that it is opposed to the ordinary hindu law and the marriage in question is, therefore, valid even if it is opposed to the dharma sahstras. a caste for this purpose may be taken to be a ..... who are not dwijas or twice born persons; (3) because when the caste, of which the parties are accepted members, recognize a marriage as valid; then it is a legal marriage under hindu law.24. i would, therefore, reverse the decree of the sub-judge and dismiss the suit for possession and restore that of the munsif. ..... owner thereof, from the alienees of the 1st defendant who claims to be, but according to the plaintiff is not according to hindu law, his widow, as at the time of her marriage and till her husband's death she was a christian, or in the event of the 1st defendant's title as widow ..... . he is bound; by the caste rules only on account of his voluntary submission and, therefore, if the marriage is valid under the ordinary hindu law, they will be legally married even if such marriage is opposed to the rules of the caste or community to which they belong.21. in fact in the case ..... it is clear, therefore, that the 1st defendant must be treated as a sudra under these decisions and the marriage is, therefore, valid under hindu law.5. it was further contended by mr. ramachandra aiyar that a marriage, accepted as valid and binding by the community, sect or caste to which the parties belong, cannot be .....Tag this Judgment!
Court : Chennai
Reported in : AIR1979Mad173
..... . 19 of the code civil as modified from time to time kumudavalli had not lost her status as a french subject even after marriage and that, therefore, the properties left by her should be governed only by the customary hindu law applicable to hindus in french territory. however, in order to find out whether kumudavalli's estate devolved upon her husband or upon ..... court if the marriage had been performed in brahma form the husband will be the heir, and on the other hand ..... her sister, under the customary hindu law, the appellate court felt it necessary to have a finding on the form of marriage between kumudavalli and venkatakrishna reddiar. according to the appellate ..... that kumudavalli ceased to be a french national and became an indian national as a result of her marriage with an indian citizen and therefore her properties situate in french territory were subject to french law relating to foreigners and not by the customary hindi law as alleged by muthu reddiar.4. the court of the first instance held that kumudavalli had lost .....Tag this Judgment!
Court : Kolkata
Reported in : (1876)ILR1Cal74
..... of whom is unwilling, whilst the other can obtain a money remedy for his disappointment. the authorities which have been quoted in support of the arguments that hindu law demands the carrying out of a marriage when certain anterior ceremoines have been performed, do not, it seems to me, go farther than to declare it usually wrong to break such engagements.4. i ..... the person to whom the daughter had been betrothed. the court also held that a betrothal was not, according to hindu law, an actual and complete marriage. it was shown in that ease that there was no precedent for the contention that specific performance had ever been decreed in cases like the present. the authorities quoted (five ..... kalimohun doss has drawn our attention to certain texts of hindu law as set out in menu, to show that betrothal is really a marriage, and that a girl once promised to a particular man could not be given in marriage to another; we have also been referred to 1 strange's hindu law, macnaghten's hindu law, and colebrooke's digest.2. the right of the petitioner ..... of aunjona dasi v. prahlad chandra ghose 6 b.l.r. 243 does not seem to apply. in that suit it was held that a suit by a hindu mother to declare the marriage of her daughter with the defendant was null and void would lie in the civil court. i was of a contrary opinion at the time; but granting that .....Tag this Judgment!
Court : Allahabad
Reported in : (1912)ILR34All589
..... kumari (1908) i.l.r. 28 all. 458 that whatever may have been the case in ancient times, a marriage between a brahman and kshatrya woman is now invalid, and upon the opinions expressed by mayne and other writers on the hindu law that marriages between persons of different castes have long since become obsolete. it is not clear how far the prohibition of ..... inter-marriage between castes applies to marriages between persons of hybrid caste or marriages between a person of hybrid caste and a brahman or a kshatrya or a vaisya ..... belonging to the banya caste, there would, even according to modern usage, be no obstacle to a marriage between her and the complainant, though the latter would perhaps be lowered in social estimation by such a marriage. dr. gurudas banerjee in his work on the hindu law of marriage, 2nd edition, p. 73, says:-'at the present day when caste has become so elastic and ..... . there is the further consideration in the present case that the parties belonged to nepal where the hindu law of marriage may not be so strictly followed as it is in these provinces. i have been referred to no authority which requires me to hold that the marriage in the present case was invalid. the applicant has failed to rebut the presumption that there .....Tag this Judgment!
Court : Supreme Court of India
Reported in : (1998)8SCC580
..... are of the view that the oral testimony of the witnesses examined by the appellant who have stated that they were present at the time of the marriage of shri sita ram jaiswal to smt janaki devi at the arya samaj mandir could not be discarded only on the ground that there is no documentary ..... his first wife, has stated that smt janaki devi is his stepmother and that two sons and four daughters were born to smt janaki devi from her marriage with shri sita ram jaiswal and that the appellant is one of the sons born from the said wedlock.5. the district judge, in his report dated ..... pw 11. on behalf of the respondents, shri tara chand pal, section officer in the u.p. public service commission was examined. with regard to the marriage of shri sita ram jaiswal with smt janaki devi on 18-12-1952 at arya samaj mandir, allahabad apart from the evidence of shri sita ram jaiswal pw ..... by the district judge, allahabad. by the said order, the court directed the district judge, allahabad to carry out an inquiry regarding the claims of conversion and marriage which was alleged to have taken place. in pursuance of the said order of this court, the district judge, allahabad, conducted an inquiry wherein he afforded opportunity ..... of these matters this court, on 6-2-1991, passed an order wherein the court has referred to the claim of the appellant that prior to her marriage to shri sita ram jaiswal on 18-12-1952 at the arya samaj mandir at allahabad, smt janaki devi had been converted to hinduism in the same .....Tag this Judgment!
Court : Karnataka
Reported in : AIR1950Kant26; AIR1950Mys26
..... the first reason is that as hindu law allows polygamy and the accused was a hindu at the time of his second marriage, it is impossible to say that the second hindu marriage is void on account of a previous valid hindu marriage:'it is manifest therefore that the second hindu marriage cannot be rendered void in consequence of a previous marriage which the hindu law would not have recognised, it not ..... is guilty of bigamy if he or she does so, even though the first wife or husband is a hindu and the marriage took place before conversion. this is also the case when married women converted to hinduism marry again, as hindu law which is applicable to them after conversion does not countenance plurality of husbands though it allows plurality of wives,dl ..... offence. if the law of christendom is applied to him, it does not recognize ..... the exclusion of all others.'it is thus clear that the law applicable to a converted christian does not recognize the validity of a marriage which takes place in hindu form as according to hindu law polygamy is permitted. if the hindu law is applied to a person converted from hinduism to christianity his second marriage during the lifetime of his first wife is not an .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : II(1990)DMC163
..... at the bar that without undergoing ceremonies of marriage there could be a marriage under the hindu law or the hindu marriage act.20. the learned counsel for the appellant contended, that though there is no evidence on the record with respect to ceremonies having been undergone ..... have been gone into. once matrimonial dispute arises amongst them, false accusations are made against each other.19. the social requirements of traditional hindu law as well as condified hindu marriage act maintain that undergoing of ceremonies of marriage either according to the custom of the parties or according to ceremonies provided by the act is a must. nothing has been pointed out ..... so far as it is inconsistent with any of the provisions contained in this act.' 52. it abrogated all rules text, custom or usage or interpretation of hindu law, in force immediately before the commencement of the hindu marriage act which were contrary to the specific provisions made in the act. the act categorically provided for the concept of monogamy and any ..... the fact that the females are being considered as equals.15. the marriage law was codified in 1955 and was known as hindu marriage act, 1955. by the act, all the rules of the law of marriage applicable to hindus whether by virtue of texts, rules of hindu law, usage, custom having force of law were abrogated. the concept of monogamy was highlighted and polygamy was frowned .....Tag this Judgment!
Court : Orissa
Reported in : AIR1961Ori104; 26(1960)CLT431
..... b. k, mukherji, j. (as he then was) reported in ilr (1937) 2 cal 764, ram jash agarwalla. v. chand mandal. his lordship observed :'there is no rule of hindu law sanctioning, early marriage of male children and there is no duty upon parents or guardians to marry their sons or.' male wards before they attain majority.' his lordship further observed :'the practice ..... question, therefore, is whether the expenses incurred for the marriage of a minor can be taken to be a necessity under the hindu law on account of the statute of child marriage restraint act, 1929.it is indisputable that the marriage is a valid marriage. the child marriage restraint act does not affect the validity of the marriage even though it may be in contravention of the provisions ..... of the act. in spite of the marriage being valid, it is transparent from the ..... is a criminal act punishable under law. the legislature no doubt disapproves all such marriages and makes the performance of such marriage punishable in law.to incur expenses for performing a ceremony which is a criminal act, in my opinion cannot be taken to be legal necessity for which a karta of the family is empowered under the hindu law to effect an alienation. i .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1972Bom132; (1971)73BOMLR840; ILR1972Bom511; 1972MhLJ110
..... my opinion, on general considerations of public policy, misrepresentation as to caste should not be held fatal to a marriage under the hindu law, much more so when the marriage is under the hindu marriage act, 1955, which applies to any person who is a hindu as defined under section 2 of that act.15.i am, therefore, of the opinion that the indian contract act ..... also a civil contract. but at the same time, the learned judge (tendolkar, j.) has held in that case that a hindu marriage is also a sacrament. the hindu marriage act, 1955, does not depart from this position, under the hindu law. i am, therefore, of the opinion that section 17 of the indian contract act, 1872, does not apply to a case of ..... intention of the legislature. in anath nath de v. lajjabati devi, : air1959cal778 also, the case was under the hindu marriage act, 1955, and s. datta, j., who delivered the judgment, has observed at page 779 that the marriage according to hindu law not being a contract, the consent at the stage of negotiations though obtained by fraud cannot affect the validity of the ..... no ceremonies are necessary for the marriage being valid under that act. obviously, therefore, the marriage under the special marriage act, 1954, is a contract. the position under the hindu marriage act, 1955, however, is different. it is needless to say that marriage under the hindu law is treated as a samskara or a sacrament. the hindu marriage act, 1955, contemplates a ceremonial marriage which must be solemnized in .....Tag this Judgment!