Jammu and Kashmir Christian Marriage and Divorce Act, 1957

No: 3 Dated: May, 18 1957

THE JAMMU AND KASHMIR CHRISTIAN MARRIAGE AND DIVORCE ACT, 1957

Act No. III of 1957

An act to provide for the solemnisation of marriages and for divorce among professing the Christian religion.

Be it enacted by the Jammu and Kashmir State Legislature in the Seventh Year of the republic of India as follows :-

CHAPTER I

Preliminary

1. Short title and extent. - (1) This Act may be called the Jammu and Kashmir Christian Marriage and Divorce Act, 1957.

(2) It shall extend to the whole of the Jammu and Kashmir State.

2. Interpretation clause. - In this Act, unless there is something repugnant, in the subject or context.

(i) "Bigamy with adultery" means adultery with the same woman with whom the bigamy was committed ;

(ii) "Christians" means persons professing the Christian religion ;

(iii) "Church" includes any Chapel or other building generally used for public Christian worship ;

(iv) "Church of England" and "Anglican" means and apply to the Church of England as by law established.

(v) "Church of Rome" and "Roman Catholic" means and apply to the Church which regards the Pope of Rome as its spiritual head ;

(vi) "Church of Scotland" means the church of Scotland as by law established ;

(vii) "Desertion" implies an abandonment against.the wish of the person charging it ; and

(viii) "District Court" means the principal Civil Court of original jurisdiction ;

(ix) "Incestuous adultery" means adultery Committed by a husband with a woman with whom, if his wife were dead, he could not lawfully contract marriage by reason of her being within the prohibited degree of consanguinity (whether natural or legal) or affinity ;

(x) "Indian Christian" includes the Christian descendants of natives of India converted to Christianity, as well as such converts ;

(xi) "Marriage with another woman" means marriage of any person being married, to any other person, during the life of the former wife whether the second marriage shall have taken place within the State or elsewhere ;

(xii) "Minor" means a person who has not completed the age of twenty-one years and who is not a widower or a widow ;

(xiii) "Minor Children" means, the case of sons of native fathers, boys who have not completed the age of sixteen years, and in the case of daughters of native fathers, feirls who have not completed the age of thirteen years ; in other cases it means unmarried children who have not completed the age of eighteen years ;

(xiv) "Property" includes, in the case of a wife, any property to which she is entitled for an estate in remainder or reversion, or as a trustee, executrix or administratix and the date of the death of the testator or interest shall be deemed to, be the time at which any such wife becomes entitled as executrix or administratrix.