In Re - of a Notice of Marriage Dated 15th September 1941, Given by Fanuel Lemama; In Re; of a Caveat Entered By Rashid Warshow Against the Issue of the Registrar's Certificate of the Aforesaid Parties (Miscellaneous Cause No. 1 of 1941') [
Observed later treatment
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Holding
The court held that a marriage under the Marriage Ordinance between a Christian male and a minor Mohamedan female is valid and that Mohamedan Law does not apply to such marriages. The Marriage Ordinance contains no prohibition against inter-faith marriages. The consent required under section 19 is that of the father or, if deceased, the mother — which was obtained. The uncle's consent as guardian under Mohamedan Law is not necessary. The caveat was removed.
Outcome
Caveat removed and marriage permitted to proceed
Facts
Fanuel Lemama, a native Christian, gave notice of his intended marriage to Amina binti Hamisi, a Mohamedan girl aged 15 years and upwards. The girl's father was deceased and her mother gave written consent to the marriage. Rashid Warshow, the girl's 19-year-old uncle, entered a caveat against the marriage on the ground that his consent as her uncle was required under Mohamedan Law. Both parties were Kenyan natives. The Mohamedan parties belonged to the Hanafi sect. The girl refused to take an oath and gave no evidence. The caveator and Fanuel Lemama both gave evidence before the court.
Issues
- Whether a marriage under the Marriage Ordinance between a Christian male and a Mohamedan female is lawful.
- Whether the consent of the girl's uncle as her guardian under Mohamedan Law is required for a marriage under the Marriage Ordinance.
- Whether there is just cause to prevent the intended marriage.
Orders
- Caveat removed.
- The word 'forbidden' cancelled in the Marriage Notice Book.
- Marriage Notice Book ordered to be returned to the Registrar.
Rules and key headnotes
Legislation cited (5)
- Marriage Ordinance Cap. 167 s.15
- Marriage Ordinance Cap. 167 s.16
- Marriage Ordinance Cap. 167 s.17
- Marriage Ordinance Cap. 167 s.19
- Indian Majority Act 1875 s.2
Cases cited (1)
- R v Superintendent Registrar of Marriages, Hammersmith [1917] 1 KB 634
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.