AIR 1999 KERALA 66 ::(1999) 1 MarriLJ 532 ::1999 (2) HinduLR 13 ::1999 (4) Civ LJ 336 ::1999 (1) RecCivR 561 ::1999 (2) DMC 309 ::(1999) MatLR 216 ::(1999) 1 Ker LT 74 ::1998 (2) Ker LJ 803 ::(1999) ILR(ker) 1 KER 800

Kerala High Court

Hon'ble Judge(s): P. A. Mohammed, D. Sreedevi , JJ

(A) Divorce Act (4 of 1869) , S.19— Validity or otherwise of marriage - Parties to matrimonial proceedings were Roman Catholics - Matter could be decided by referring to provisions of Canon Law in absence of statutory law. O.P. No. 3008 of 1996-G, D/- 23-1-1998 (Ker), Reversed. The validity or otherwise of a marriage between Catholics would have to be decided by referring to the provisions of Canon Law in the absence of statutory law. Hence, the validity of the marriage, where the parties are Roman Catholic (Syrian Christians) must be determined by resort to the provisions of their personal law. This is more so as solemnisation of Christian Marriage are done according to personal law in Travancore-Cochin areas of the State of Kerala and there is no Marriage Act in force in these matters. Therefore, the validity or otherwise of the Marriage in question must be determined in accordance with the personal law applicable to the parties. (B) Divorce Act (4 of 1869) , S.7— Indian Courts - Need not act on principles of English Divorce Courts. AIR 1982 SC 1261, Rel. on. (Para 15) (C) Divorce Act (4 of 1869) , S.19— Nullity of marriage - Decree for - Ground - Fraud - Pe....