persad v balram

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4 Terms

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are the parties legally married even though they did not obtain a marriage license? What is the significance of the Husbands claim that the parties did not intent to be married until there was a civil ceremony?

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holding 1

  1. A formal hindu wedding ceremony, officiated by an ordained hindu priest, and during which parties exchanged vows, confirmed with all statutory requirements and effected a lawful marriage, even though the parties never successfully obtained a marriage license.

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holding 2

  1. The court held that any claim that the marriage is invalid based on the plaintiffs individual intent not to be married until a civil ceremony was performed is equally unavailing. Since the court has determined the parties' mutual intent would not affect their marital status, it would be inapposite to now hold that one party unilaterally voided the marriage. The court would ot give legal effect to the plaintiffs claim of crossed fingers when he solemnly pledged to take the defendant as his wife.


4
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negro please

negro please