Whether the marriage is null and void due to the fact that the consent of the minor/her guardian was not obtained?
Whether the marriage is null and void on account that the parties are within prohibited degrees of one another, even though dispensation was granted for the same?
Sections 5 and 19 of the Indian Christian Marriage Act, 1872
Section 19 of the Indian Divorce Act
Whether their marriage can be declared null on the grounds of fraud?
Was the husband Christian at the time of their marriage?
What is the position of the suit for restitution of conjugal rights filed by the husband?
In absence of any statutory law, the canon law applies to the members of the Syrian catholic community.
According to the Canon laws, a person who professes the Christian faith is a Christian.
According to canon law, a marriage is invalid if
there is an error concerning the quality of the person.
Canon 74(1) states: "Error concerning the person, renders the marriage invalid".
Canon 821 states: "A person invalidly celebrates marriage who is deceived by fraud perpetrated to obtain consent, concerning some quality of the other party, which by its very nature can seriously disturb the partnership of conjugal life."
Whether the marriage is null and void on the ground that the consent of the wife was obtained by fraud, force, and coercion?
Whether the marriage between the petitioner and first respondent alleged to have conducted after an attempted conversion of religion by undergoing the ceremony of baptism was in accordance with the law regulating marriages among the Latin Catholic Community?
The mere fact that one has undergone the ceremony of baptism may not by itself be sufficient to hold that one has become a Christian. The fundamental thing to be established before one can be held to be Christian is that the person concerned truly believes in and professes the Christian faith.