Mere Admission Of 2nd Marriage By Accused Isn’t Evidence Of It For Purpose Of Proving Marriage In Bigamy Case: Bombay HC [Read Judgment]
6 years, 11 months ago

Mere Admission Of 2nd Marriage By Accused Isn’t Evidence Of It For Purpose Of Proving Marriage In Bigamy Case: Bombay HC [Read Judgment]

Live Law  

Mere going through certain ceremonies with intention to marriage will not make the ceremonies prescribed by law or approved by customs, the court said. Allowing the appeal of a man convicted of bigamy, Justice AS Gadkari said there is no evidence on record to establish that, the accused performed second marriage by following necessary and essential ceremonies as per the mandate of law. “Mere going through certain ceremonies with intention to marriage will not make the ceremonies prescribed by law or approved by customs,” the court said. Acquitting the accused, the court said: “There is no evidence on record to establish that, the appellant performed second marriage by following necessary and essential ceremonies as per the mandate of law.

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History of this topic

Bihar man tries to get married amid pending divorce case. After his wife came to know about it, THIS happened
3 months, 1 week ago

Bihar man tries to get married amid pending divorce case. After his wife came to know about it, THIS happened

Live Mint  

Bihar: Weddings can have either happy, or sad endings. Here is how a Bihar man's wedding story ended on a sour note, after his first wife discovered the man's marriage plans. While the divorce between Sekha and Manoj is still pending, Manoj’s father Basuki Pandit and other family members arranged a second marriage for him. How the wedding got cancelled …

S.494 IPC | Friends/Relatives Can't Be Held To Have Common Intention For Offence Of Bigamy By Mere Presence In Second Marriage: Supreme Court
10 months ago

S.494 IPC | Friends/Relatives Can't Be Held To Have Common Intention For Offence Of Bigamy By Mere Presence In Second Marriage: Supreme Court

Live Law  

The Supreme Court, in a recent judgment, held that the charge under the offence of bigamy, punishable under Section 494 of the Indian Penal Code, can be framed only against the spouse to the second marriage. By the mere presence of friends and relatives in the second marriage, it cannot be held that they had the common intention to commit …

SC highlights cultural, legal significance of wedding ceremonies in Indian society
10 months, 2 weeks ago

SC highlights cultural, legal significance of wedding ceremonies in Indian society

Hindustan Times  

New Delhi The Supreme Court has issued a stern reminder about the sanctity of marriage, criticising the trend of reducing weddings to mere “song and dance” and “wining and dining”, while adding that such functions should be approached with reverence rather than extravagance. It added: “We urge young men and women to think deeply about the institution of marriage even …

Hindu marriage not valid unless performed with requisite ceremonies: SC
10 months, 3 weeks ago

Hindu marriage not valid unless performed with requisite ceremonies: SC

New Indian Express  

NEW DELHI: In a significant verdict on the Hindu Marriage Act, the Supreme Court has ruled that the registration of a union will be null and void if a valid ceremony and rituals like the Saptapati, are not performed. “A marriage is not an event for ‘song and dance’ and ‘wining and dining’ or an occasion to demand and exchange …

'Kanyadaan' not necessary for solemnising marriage under Hindu Marriage Act: Allahabad High Court
11 months, 1 week ago

'Kanyadaan' not necessary for solemnising marriage under Hindu Marriage Act: Allahabad High Court

The Hindu  

The Allahabad High Court has held that ‘kanyadaan’ is not necessary for solemnisation of marriage under the Hindu Marriage Act, and only ‘saptapadi’ is an essential ceremony. A Bench of Justice Subhash Vidyarthi made the observation while hearing a revision petition filed by one Ashutosh Yadav, who had stated that his marriage under the Act mandated a ‘kanyadaan’ ceremony, which …

“Kanyadan” not essential for Hindu marriage as per law: Allahabad HC
11 months, 2 weeks ago

“Kanyadan” not essential for Hindu marriage as per law: Allahabad HC

Hindustan Times  

Dismissing a plea for summoning the witnesses of a criminal case again, the Lucknow bench of the Allahabad high court has held that as per the Hindu Marriage Act, the ceremony of “Kanyadan” is not essential for solemnisation of a Hindu marriage. The court said that Section 7 of the Act provides only “Saptpadi” as an essential ceremony of a …

Absence of law can’t give blanket immunity to adulterer, says HC
1 year, 2 months ago

Absence of law can’t give blanket immunity to adulterer, says HC

Hindustan Times  

Absence of a law that makes adultery an offence cannot provide individuals with a blanket immunity of marrying another person secretly during the subsistence of their first marriage, the Delhi high court said, adding that it was crucial to legally protect those partners who have committed to the sanctity and values of marriage. The bench in the verdict made public …

Hindu Marriage Act Bars Second Marriage When Spouse Living, Consent Of Parties Can’t Confer Validity: Delhi High Court
1 year, 5 months ago

Hindu Marriage Act Bars Second Marriage When Spouse Living, Consent Of Parties Can’t Confer Validity: Delhi High Court

Live Law  

The Delhi High Court has ruled that once there is a legal bar on the performance of second marriage when either spouse of the parties are living, the consent of such parties cannot confer validity to the second marriage. Noting that both the parties should not have a living spouse according to Section 5 of the Hindu Marriage Act, 1955, …

Hindu marriage invalid without 'Saptapadi,' other rituals: Allahabad HC
1 year, 5 months ago

Hindu marriage invalid without 'Saptapadi,' other rituals: Allahabad HC

Op India  

Allahabad High Court has ruled out that Hindu marriages are invalid without ‘Saptapadi’ as well as other sacred ceremonies. Allowing the petition filed by Smriti Singh, the court stated, “It is well settled that the word ‘solemnize’ means in connection with a marriage ‘to celebrate the marriage with proper ceremonies and in due form’. The ‘Saptapadi’ ceremony under the Hindu …

Hindu Marriage is Invalid Without Rituals: Allahabad HC
1 year, 5 months ago

Hindu Marriage is Invalid Without Rituals: Allahabad HC

News 18  

Observing that a Hindu marriage is not valid without ‘Saptapadi’ ceremony and other rituals, the Allahabad High Court has quashed the proceedings of a case where a man alleged that his estranged wife had solemnised second marriage without divorcing him. The ‘Saptapadi’ ceremony under the Hindu Law is one of the essential ingredients to constitute a valid marriage but the …

Lawyers Can Solemnise ‘Self Respect Marriage’ Under Amended Hindu Marriage Law in Tamil Nadu: SC
1 year, 6 months ago

Lawyers Can Solemnise ‘Self Respect Marriage’ Under Amended Hindu Marriage Law in Tamil Nadu: SC

News 18  

In a significant order, the Supreme Court on Monday said the lawyers can solemnise ‘Suyamariyathai’ marriages between two consenting adults under the amended Hindu Marriage Act in Tamil Nadu. The Tamil Nadu government, in 1968, had amended one of the provisions of the Act to legalise Suyamariyathai marriages, to radically simplify weddings by shunning mandatory brahmin priests, holy fire and …

Allahabad High Court rejects two women's plea to recognise their 'marriage'
2 years, 11 months ago

Allahabad High Court rejects two women's plea to recognise their 'marriage'

Firstpost  

The couple contended that the Hindu Marriage Act talks about the marriage of two people and homosexual marriage has not been opposed by the legislation Allahabad: A plea by two women to recognise their “marriage” on the argument that such union was not “opposed” by the Hindu Marriage Act has been rejected by the Allahabad High Court. Opposing their plea, …

Kerala High Court Allows Virtual Solemnisation Of Marriage Amid Omicron Scare
3 years, 2 months ago

Kerala High Court Allows Virtual Solemnisation Of Marriage Amid Omicron Scare

Live Law  

Considering the travel restrictions in place in the wake of the Omicron outbreak, the Kerala High Court on Wednesday allowed a couple to solemnise their marriage through online mode and directed the Marriage Officer to register the same. Noting that this Court has authorised the same throughout the pandemic in similar cases, Justice N. Nagaresh observed: "In identical circumstances, when …

Indian police halt first interfaith wedding one week after controversial ‘Love Jihad’ law
4 years, 3 months ago

Indian police halt first interfaith wedding one week after controversial ‘Love Jihad’ law

The Independent  

Get Nadine White's Race Report newsletter for a fresh perspective on the week's news Get our free newsletter from The Independent's Race Correspondent Get our free newsletter from The Independent's Race Correspondent SIGN UP I would like to be emailed about offers, events and updates from The Independent. Read our privacy policy A week after passing a controversial “Love Jihad” …

Court marriage in India: Check procedure, list of documents required
5 years, 6 months ago

Court marriage in India: Check procedure, list of documents required

India Today  

The procedure for court marriage is governed by the 'Special Marriage Act, 1954' and is common across the nation. Procedure for court marriage: Step 1: File a 'Notice of Intended Marriage' in the specified form to the Marriage Registrar of the district in which at least one of the parties to the marriage has resided for a period of not …

Procedure Adopted In Marriage Registration Must Reflect Mindset Of The Changed Times In A Secular Nation Promoting Inter-Religion Marriages: Punjab & Haryana HC [Read Judgment]
6 years, 7 months ago

Procedure Adopted In Marriage Registration Must Reflect Mindset Of The Changed Times In A Secular Nation Promoting Inter-Religion Marriages: Punjab & Haryana HC [Read Judgment]

Live Law  

‘The petitioners are without doubt in a relationship and want to marry. They may belong to different religions but love and affection knows no barriers.’The Punjab and Haryana High Court has suggested to the State of Haryana to suitably modify and simplify the Court Marriage Check List to bring it in line with the Special Marriage Act by minimal executive …

Procedure Adopted In Marriage Registration Must Reflect Mindset Of The Changed Times In A Secular Nation Promoting Inter-Religion Marriages: Punjab & Haryana HC [Read Judgment]
6 years, 7 months ago

Procedure Adopted In Marriage Registration Must Reflect Mindset Of The Changed Times In A Secular Nation Promoting Inter-Religion Marriages: Punjab & Haryana HC [Read Judgment]

Live Law  

‘The petitioners are without doubt in a relationship and want to marry. They may belong to different religions but love and affection knows no barriers.’The Punjab and Haryana High Court has suggested to the State of Haryana to suitably modify and simplify the Court Marriage Check List to bring it in line with the Special Marriage Act by minimal executive …

Mere Admission Of 2nd Marriage By Accused Isn’t Evidence Of It For Purpose Of Proving Marriage In Bigamy Case: Bombay HC [Read Judgment]
6 years, 11 months ago

Mere Admission Of 2nd Marriage By Accused Isn’t Evidence Of It For Purpose Of Proving Marriage In Bigamy Case: Bombay HC [Read Judgment]

Live Law  

Mere going through certain ceremonies with intention to marriage will not make the ceremonies prescribed by law or approved by customs, the court said. Allowing the appeal of a man convicted of bigamy, Justice AS Gadkari said there is no evidence on record to establish that, the accused performed second marriage by following necessary and essential ceremonies as per the …

Special Marriage Act- No Need To Dispatch Notice Of Intending Marriage At Couples' Residence: Rajasthan HC [Read Order]
7 years ago

Special Marriage Act- No Need To Dispatch Notice Of Intending Marriage At Couples' Residence: Rajasthan HC [Read Order]

Live Law  

A division bench of Rajasthan High Court has directed all marriage officers in the state not to despatch notices to the residence of the applicants who seek solemnization of their marriage under the Special Marriages Act, 1954.Kuldeep Singh Meena had approached the high court the legality of the procedure followed by the marriage officers to paste a notice of the …

Bigamy myth
9 years, 6 months ago

Bigamy myth

The Hindu  

AMONG Prime Minister Narendra Modi’s oft-reported speeches during his time as Gujarat Chief Minister was the one in which he said “ hum paanch, hamare pachees ” to mock the Muslim community. In August 2009, the Law Commission brought out a report, “Preventing Bigamy via Conversion to Islam: A proposal for giving statutory effect to Supreme Court rulings”. The report …

Are you really married?
11 years, 9 months ago

Are you really married?

The Hindu  

Satish and Rosy fell in love and decided to get married. Fearing opposition from families and inspired by a popular movie, they decided to have a ‘registered marriage’ by paying a broker at the registration office. Finally, Satish could not even present the temple ceremony as proof of solemnising the marriage because he found that only two Hindus can solemnise …

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