Marriage Certificate Issued by Arya Samaj Has No Statutory Force, Allahabad High Court Says
2 years ago

Marriage Certificate Issued by Arya Samaj Has No Statutory Force, Allahabad High Court Says

News 18  

While dismissing a plea seeking relief of restitution of conjugal rights, the Allahabad High Court recently observed that the marriage certificate issued by Arya Samaj has no statutory force. The court also observed that it was the case where the rites and ceremonies of ‘Saptapadi’ had not taken place in the alleged Hindu marriage and his counsel also had failed to provide any statutory provisions enabling the Arya Samaj to issue a marriage certificate. The court, accordingly, held that in the absence of a valid marriage, the marriage certificate by Arya Samaj was not proof of a valid marriage between the appellant and his alleged wife. The bench of Justice Surya Prakash Kesarwani and Justice Rajendra Kumar essentially adjudged the appeal on three points out of which two were— whether the marriage certificate issued by Arya Samaj, as submitted by the appellant, was proof of a valid marriage and whether he was entitled for a decree of restitution of conjugal rights under Section 9 of the HMA.

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History of this topic

Madhya Pradesh High Court Aids Interfaith Couple, Says There's No Bar On Muslim Boy Marrying Hindu Girl U/S 4 Of Special Marriage Act
2 days, 9 hours ago

Madhya Pradesh High Court Aids Interfaith Couple, Says There's No Bar On Muslim Boy Marrying Hindu Girl U/S 4 Of Special Marriage Act

Live Law  

Coming to the aid of an interfaith couple, the Jabalpur Bench of Madhya Pradesh High Court directed the state to facilitate the marriage of a Hindu girl and a Muslim boy before the marriage officer. In doing so, the court said that there is no prohibition to inter-faith marriage under Section 4 of the Special Marriage Act, 1954. However, the …

Can Declaratory Decree For Adding Children From Void Marriage To Service Record Be Refused Despite S. 16 HMA? : Allahabad HC To Decide
1 month, 1 week ago

Can Declaratory Decree For Adding Children From Void Marriage To Service Record Be Refused Despite S. 16 HMA? : Allahabad HC To Decide

Live Law  

The Allahabad High Court is set to decide a substantial question of law regarding whether a civil court can deny a declaratory decree to enter the names of children born out of a void marriage into his service records despite the law contained under Section 16 of the Hindu Marriage Act 1955, which grants legitimacy to children born out of …

Hindu marriage can’t be dissolved as a contract: Allahabad High Court
3 months, 1 week ago

Hindu marriage can’t be dissolved as a contract: Allahabad High Court

Hindustan Times  

In a significant judgment, the Allahabad high court has ruled that a Hindu marriage is not to be dissolved or terminated as a contract. The appeal was filed by the woman against the order passed by the additional district judge, Bulandshahr, in 2011 allowing divorce petition filed on behalf of her husband. Allowing an appeal filed by a woman against …

‘Hindu marriage not a contract, divorce needs valid consent,’ rules Allahabad high court
3 months, 1 week ago

‘Hindu marriage not a contract, divorce needs valid consent,’ rules Allahabad high court

Hindustan Times  

The Allahabad high court has ruled that a Hindu marriage cannot be dissolved or treated like a contract. In a case involving a wife’s appeal against the dissolution of her marriage, a division bench of Justices Saumitra Dayal Singh and Donadi Ramesh ruled that a court can only grant divorce on mutual consent if that consent remains valid until the …

Decree Of Divorce Can Be Sustained If No Cohabitation Occurs Between Parties For A Year After Grant Of Judicial Separation: Allahabad High Court
3 months, 1 week ago

Decree Of Divorce Can Be Sustained If No Cohabitation Occurs Between Parties For A Year After Grant Of Judicial Separation: Allahabad High Court

Live Law  

The Allahabad High Court has held that under Section 10 of the Hindu Marriage Act, 1955 if no cohabitation occurs between the parties in the year after the decree of restitution of conjugal rights or decree of judicial separation, the decree of separation would be upheld. Subsequently, in 2006, the case instituted by the respondent-husband was dismissed and the decree …

Allahabad HC Orders FIR Against Man Accused Of Marrying 12 Y/O Girl, Hands Him Over To Police From Court Premises
3 months, 2 weeks ago

Allahabad HC Orders FIR Against Man Accused Of Marrying 12 Y/O Girl, Hands Him Over To Police From Court Premises

Live Law  

In a significant order, the Allahabad High Court on Tuesday detained a man and handed over his custody to the police after it was discovered that he had married a 12-year-old girl. To substantiate their claim, they also filed their Aadhar Cards and a joint undertaking issued by the petitioners, Pramukh Acharya and the Secretary of the Arya Sanatan Dharm …

‘Marriage Can’t Survive False Criminal Charges’: Allahabad HC Dissolves Marriage Over Fake Dowry Charges
3 months, 2 weeks ago

‘Marriage Can’t Survive False Criminal Charges’: Allahabad HC Dissolves Marriage Over Fake Dowry Charges

News 18  

The Allahabad High Court recently observed that no male or female spouse can be expected to continue in a marital relationship at the risk of malicious criminal prosecution as it dissolved the marriage between a couple. The court noted that in the case at hand, the wife had lodged a criminal complaint against her husband and his family members, accusing …

Bizarre judgment: On the Madhya Pradesh High Court’s order
6 months, 2 weeks ago

Bizarre judgment: On the Madhya Pradesh High Court’s order

The Hindu  

It is an old principle that ignorance of law is no excuse. The Madhya Pradesh High Court’s order ruling declining to give protection to a couple on the ground that a marriage between a Muslim man and a Hindu woman will not be valid, even if registered under the Special Marriage Act, 1954, reflects an incredible misunderstanding of the law. …

S.13 Hindu Marriage Act | Once Finding Of Cruelty Recorded, Divorce To Be Granted Irrespective Of Proof Of Desertion: Allahabad High Court
6 months, 2 weeks ago

S.13 Hindu Marriage Act | Once Finding Of Cruelty Recorded, Divorce To Be Granted Irrespective Of Proof Of Desertion: Allahabad High Court

Live Law  

The Allahabad High Court has held that once the finding regarding cruelty has been recorded by the Family Court, marriage between the parties ought to be dissolved. The Court held that the grounds of divorce provided in Section 13 of the Hindu Marriage Act are mutually exclusive and if any one of the grounds is made out, the divorce ought …

Allahabad HC upholds interfaith couples’ right to Special Marriage Act without conversion
6 months, 3 weeks ago

Allahabad HC upholds interfaith couples’ right to Special Marriage Act without conversion

Hindustan Times  

While granting protection to an interfaith live-in couple facing threats, the Allahabad high court observed that the law permits interfaith couples to marry under the Special Marriage Act without conversion. Allahabad High Court The court observed, “Interfaith couples who choose not to convert for marriage can register their union under the Special Marriage Act.” Justice Jyotsna Sharma made this observation …

SC highlights cultural, legal significance of wedding ceremonies in Indian society
7 months, 3 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 …

'Kanyadaan' not necessary for solemnising marriage under Hindu Marriage Act: Allahabad High Court
8 months, 2 weeks 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
8 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 …

S.23(1)(B) Hindu Marriage Act | Divorce Petition Can't Be Dismissed If Acts Of Cruelty Once Condoned By Spouse Are Repeated: Allahabad High Court
8 months, 2 weeks ago

S.23(1)(B) Hindu Marriage Act | Divorce Petition Can't Be Dismissed If Acts Of Cruelty Once Condoned By Spouse Are Repeated: Allahabad High Court

Live Law  

The Allahabad High Court has held that divorce petition cannot be dismissed under Section 23 of the Hindu Marriage Act, 1955 if acts of cruelty which were once condoned by the spouse are repeated. Since the wife had continued her relationship outside of marriage, the Court held that there was cause of action for filing the divorce petition. Section 23 …

Hindu Marriage Can't Be Dissolved By Unilateral Declaration Executed On A Stamp Paper: Allahabad High Court
9 months, 1 week ago

Hindu Marriage Can't Be Dissolved By Unilateral Declaration Executed On A Stamp Paper: Allahabad High Court

Live Law  

The Allahabad High Court has held that a marriage between two Hindus can be dissolved only by modes recognized by the Hindu Marriage Act and that it can't be dissolved by a unilateral declaration executed on a stamp paper.A bench of Justice Subhash Vidyarthi observed thus while dealing with a Criminal Revision plea filed by a Husband challenging the order …

Delhi HC upholds validity of statute banning ‘sapinda’ marriages in Hindu couples
10 months, 4 weeks ago

Delhi HC upholds validity of statute banning ‘sapinda’ marriages in Hindu couples

Hindustan Times  

The Delhi High Court has upheld the constitutional validity of a provision of the Hindu Marriage Act which prohibits marriages between people who are related to each other through ancestors from their parents' side unless their custom allows them to do so. A bench of Acting Chief Justice Manmohan and Justice Manmeet PS Arora said, “If the choice of a …

Marriage Registration Can't Be Denied Because One Is A Foreign National, Right To Equality Applies To Non-Citizens Too: Rajasthan High Court
1 year ago

Marriage Registration Can't Be Denied Because One Is A Foreign National, Right To Equality Applies To Non-Citizens Too: Rajasthan High Court

Live Law  

Rajasthan High Court has recently underscored that the denial of registration of a marriage under the Hindu Marriage Act solely on the ground that one or both of them are foreign nationals is not justified. “…The respondents cannot refuse to register the marriage of the petitioners only because the petitioner No.2 is a foreigner and is not a citizen of …

Patna High Court Annuls Hindu Marriage Noting Man Was Forced To Apply Sindur At Gunpoint, Emphasizes Saptapadi Significance
1 year, 1 month ago

Patna High Court Annuls Hindu Marriage Noting Man Was Forced To Apply Sindur At Gunpoint, Emphasizes Saptapadi Significance

Live Law  

In a significant judgement, the Patna High Court has ruled that the mere application of sindoor on a woman's forehead under coercion does not constitute a valid marriage under Hindu law. The Court emphasized that a Hindu marriage must be consensual and involve the customary 'saptapadi,' where the bride and groom complete seven rounds around a sacred fire for the …

Hindu Marriage Act Bars Second Marriage When Spouse Living, Consent Of Parties Can’t Confer Validity: Delhi High Court
1 year, 2 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, 2 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, 2 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 …

A milestone in Hindu marriage reform in India
1 year, 2 months ago

A milestone in Hindu marriage reform in India

The Hindu  

Nearly 56 years after the enactment of the Hindu Marriage Act 1967, young Illavarasan, from Tamil Nadu, never thought that his Suyamariyathai marriage that was performed and validated under this Act could be invalidated and criminalised by the same Madras High Court which, in 1953, in Chidambaram Chettiar vs Deivanai Achi, had declared such marriages to be null and void …

[Hindu Marriage Act] Children Born Out Of Void Marriage Can't Claim Share In Joint Family Property: Telangana High Court
1 year, 3 months ago

[Hindu Marriage Act] Children Born Out Of Void Marriage Can't Claim Share In Joint Family Property: Telangana High Court

Live Law  

Editor's Note: On September 1, the Supreme Court in Revanasiddappa vs. Mallikarjun recognized the rights of children born out of invalid marriages in their parents' share in Hindu joint family property. The Telangana High Court on August 28 had held that a child born out of a second marriage, a void marriage under the Hindu Marriage Act, cannot claim share …

Lawyers Can Solemnise ‘Self Respect Marriage’ Under Amended Hindu Marriage Law in Tamil Nadu: SC
1 year, 3 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 …

What is Hindu Marriage Act and its relevance: Details here
1 year, 5 months ago

What is Hindu Marriage Act and its relevance: Details here

India TV News  

The Hindu Marriage Act was passed in 1955 and designed to protect the rights of the Hindu bride and groom tied together by the holy bond of marriage. The Supreme Court observed that a Hindu marriage cannot be termed conclusive in the "absence of a valid ceremony" under the Hindu Marriage Act. What is Hindu Marriage Act | Key takeaways …

Allahabad High Court Weekly Round-Up: November 21 To November 27, 2022
2 years ago

Allahabad High Court Weekly Round-Up: November 21 To November 27, 2022

Live Law  

NOMINAL INDEX Irfan Ahmad v. State of U.P. 2022 LiveLaw 506 ORDERS/JUDGMENTS OF THE WEEK Even If Penetration Was Very Slight The Act Would Constitute Rape: Allahabad High Court Case title - Irfan Ahmad v. State of U.P. Count Ad Hoc Period In Granting Pensionary Benefits To Employee With 17 Yrs Of Regular Service Record: Allahabad HC To UP Govt …

Supreme Court Issues Notice On Plea Seeking To Direct States To Frame Rules For Registration Of Sikh Marriage
2 years, 1 month ago

Supreme Court Issues Notice On Plea Seeking To Direct States To Frame Rules For Registration Of Sikh Marriage

Live Law  

The Supreme Court on Monday issued notice on a plea seeking directions for the State Governments to formulate rules for the registration of Sikh Marriages under the Anand Marriage Act, 1909. A bench of Justices Ajay Rastogi and C. T. Ravikumar sought response from the Respondents on the plea praying to issue writ in the nature of mandamus directing the …

'State Can't Prohibit Interfaith Couple To Marry': Delhi High Court On Foreign Nationals' Plea For Registration Of Marriage Under SMA
2 years, 1 month ago

'State Can't Prohibit Interfaith Couple To Marry': Delhi High Court On Foreign Nationals' Plea For Registration Of Marriage Under SMA

Live Law  

Dealing with a plea raising the issue of right of foreign nationals to solemnise and register their marriage under Special Marriage Act, 1954, the Delhi High Court on Wednesday observed that "there is no way" that the State can prohibit an interfaith couple to marry.Justice Yashwant Varma was hearing a plea filed by two interfaith foreign nationals residing in the …

Sikh Couple Approaches Bombay High Court For Implementation of Anand Marriage Act in Maharashtra
2 years, 2 months ago

Sikh Couple Approaches Bombay High Court For Implementation of Anand Marriage Act in Maharashtra

Live Law  

A Sikh lawyer-couple, who married last year, have approached the Bombay High Court seeking directions for implementation of Anand Marriage Act in the state.Their plea seeks formulation of rules under the Anand Marriage Act 1909 and registration of their marriage under the law. A Sikh lawyer-couple, who married last year, have approached the Bombay High Court seeking directions for implementation …

Plea In Supreme Court Seeks Directions To States To Frame Rules For Sikh Marriages Registration
2 years, 3 months ago

Plea In Supreme Court Seeks Directions To States To Frame Rules For Sikh Marriages Registration

Live Law  

A Public Interest Litigation has been filed in the Supreme Court under Article 32 of the Constitution of India seeking directions for the State Governments to formulate rules for the registration of Sikh Marriages under the Anand Marriage Act, 1909. The petition submitted that various States and Union Territories have already framed the rules for registration of sikh marriages under …

Arya Samaj Certificate Alone Cannot Prove Marriage: Allahabad High Court
2 years, 3 months ago

Arya Samaj Certificate Alone Cannot Prove Marriage: Allahabad High Court

News 18  

Taking serious note of frequent use of marriage certificates issued by the Arya Samaj societies, the Allahabad High Court has said that they are misusing beliefs in organising marriages without considering the genuineness of documents. Hearing a habeas corpus petition, the court observed that Arya Samaj societies were issuing marriage certificates without proper solemnisation of marriages, and added that marriage …

Restitution Of Conjugal Rights Does Not Violate Right To Privacy; Continuation Of Marriage Legitimate State Interest : Centre Tells Supreme Court
2 years, 3 months ago

Restitution Of Conjugal Rights Does Not Violate Right To Privacy; Continuation Of Marriage Legitimate State Interest : Centre Tells Supreme Court

Live Law  

The Central Government has today filed a Counter Affidavit opposing a plea filed in the Supreme Court challenging the constitutional validity of the Section 9 of the Hindu Marriage Act, Section 22 of the Special Marriage Act and Order 21 Rule 22 and 23 of the Code of Civil Procedure which are provisions relating to the restitution of Conjugal Rights. …

Couple Held Two Marriage Ceremonies, Saptapadi Performed In Latter: Gujarat High Court Orders Registrar To Consider Application For Change In Date
2 years, 8 months ago

Couple Held Two Marriage Ceremonies, Saptapadi Performed In Latter: Gujarat High Court Orders Registrar To Consider Application For Change In Date

Live Law  

The Gujarat High Court has allowed a writ seeking a direction upon the Registrar of Marriages to consider the petitioners' application for issuance of a fresh marriage certificate, mentioning the date on which a pompous wedding was held with 'saptapadi', rather than a former date on which the couple had exchanged varmala in presence of a small gathering.Due to pandemic …

Allahabad High Court rejects two women's plea to recognise their 'marriage'
2 years, 8 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, …

"Recognizing Same-Sex Marriage Would Be Against Indian Culture, Laws & Indic Religions": UP Govt Submits Before Allahabad High Court
2 years, 8 months ago

"Recognizing Same-Sex Marriage Would Be Against Indian Culture, Laws & Indic Religions": UP Govt Submits Before Allahabad High Court

Live Law  

The Uttar Pradesh Government last week opposed the recognition of same-sex marriage on the ground that such marriages are against Indian culture and Indic religions and shall be invalid according to Indian laws, which have been designed keeping in mind the concept/existence of a man and a woman.The submission was made before the Bench of Justice Shekhar Kumar Yadav which …

Uttarakhand High Court Directs State Govt To Take Steps To Frame And Notify Rules For Registration Of Sikh Marriages
2 years, 8 months ago

Uttarakhand High Court Directs State Govt To Take Steps To Frame And Notify Rules For Registration Of Sikh Marriages

Live Law  

The Uttarakhand High Court has directed the State Government to frame and notify the rules making provisions for registration of marriage of people of Sikh community.The Bench of Acting Chief Justice Sanjaya Kumar Mishra and Justice Ramesh Chandra Khulbe issued a direction to this effect to the Chief Secretary of the State on a PIL plea filed by the party …

Plea on conjugal rights pending in Supreme Court
2 years, 11 months ago

Plea on conjugal rights pending in Supreme Court

The Hindu  

A petition questioning a law that forces a woman to return to her husband and denies her sexual autonomy has been pending in the Supreme Court for months without a hearing. Provisions of restitution of conjugal rights like Section 9 of the Hindu Marriage Act and Section 22 of the Special Marriage Act empower a husband or a wife to …

Make Registration Of Same-Sex Marriage Either Religion-Neutral Or Under Secular Law Only: Plea In Delhi High Court
3 years ago

Make Registration Of Same-Sex Marriage Either Religion-Neutral Or Under Secular Law Only: Plea In Delhi High Court

Live Law  

An NGO namely Sewa Nyaya Utthan Foundation has moved the Delhi High Court seeking to intervene in the plea filed for registration of marriages of LGBTQIA couples under the Hindu Marriage Act, 1956.At he outset, the application filed through Advocate Shashank Shekhar Jha states that approval with regards to same sex marriage under Hindu Marriage Act and not in other …

Customary Divorces under Hindu Law
3 years, 4 months ago

Customary Divorces under Hindu Law

Live Law  

Introduction Prior to the codification of personal laws in India, marriages and divorces were entirely based on the rituals and practices which were customary in nature. The Delhi High Court, while upholding the precedence of Section 29, held that "The opening words of this Sub-section viz 29 "Nothing contained in this Act shall be deemed to affect any right" leave …

"Indian Society Becoming Homogenous, Traditional Barriers Of Religion Slowly Dissipating": Delhi High Court Bats For Uniform Civil Code
3 years, 5 months ago

"Indian Society Becoming Homogenous, Traditional Barriers Of Religion Slowly Dissipating": Delhi High Court Bats For Uniform Civil Code

Live Law  

Observing that the hope expressed under Article 44 of the Constitution should not remain a 'mere hope', the Delhi High Court on Wednesday expressed the need for having a Uniform Civil Code after noting that the Indian society is gradually becoming homogenous while the traditional barriers are slowly disappearing. Justice Pratibha M Singh observed, "In modern Indian society which is …

Anand Marriage Act: Uttarakhand High Court Issues Notice To State On Plea Seeking Direction To Notify Rules For Sikh Marriages
3 years, 5 months ago

Anand Marriage Act: Uttarakhand High Court Issues Notice To State On Plea Seeking Direction To Notify Rules For Sikh Marriages

Live Law  

The Uttarakhand High Court on Wednesday issued a notice to the state government on a plea urging that State Government should notify the rules under the Anand Marriage Act, 1909. The petition, filed by the party in person, Amanjot Singh Chadha, avers that the Act casts a duty upon the State Government under Section 6 to make rules for registration …

Wife's Silence Cannot Give Rise To An Inference That She Had Consented For Purpose Of Adoption U/S 7 Of Hindu Adoption & Maintenance Act: Allahabad High Court
3 years, 9 months ago

Wife's Silence Cannot Give Rise To An Inference That She Had Consented For Purpose Of Adoption U/S 7 Of Hindu Adoption & Maintenance Act: Allahabad High Court

Live Law  

The Allahabad High Court has held that a wife's silence or lack of protest at the time of adoption by her husband cannot give rise to an inference that she has consented to such adoption under Section 7 of the Hindu Adoption & Maintenance Act, 1956. The concerned authority had rejected the adoption deed relied by the Appellant on the …

Exception Of Customary Divorce U/S 29(2) Hindu Marriage Act Not Attracted In Absence Of Declaration From Civil Court Regarding Its Validity: Calcutta High Court
3 years, 9 months ago

Exception Of Customary Divorce U/S 29(2) Hindu Marriage Act Not Attracted In Absence Of Declaration From Civil Court Regarding Its Validity: Calcutta High Court

Live Law  

The Calcutta High Court has held that merely obtaining a customary divorce will not attract the exception envisaged under Section 29 of the Hindu Marriage Act. The Apex Court had categorically observed, "the requirement to claim benefit of prevalence of customary right to divorce in a community must be specifically pleaded and established by the person propounding such custom…" Background …

Not Possible To Relax Mandatory 30 Days Notice Period Or To Permit 'Digital' Marriage Unless Special Marriage Act Is Amended: Kerala High Court
3 years, 9 months ago

Not Possible To Relax Mandatory 30 Days Notice Period Or To Permit 'Digital' Marriage Unless Special Marriage Act Is Amended: Kerala High Court

Live Law  

Unless the provisions contained in the Special Marriage Act are amended, it would not be possible either to relax the mandatory period of notice or to permit marriage in digital form, the Kerala High Court observed.Justice PV Asha observed thus while dismissing a woman's plea to permit solemnisation and registration of her marriage on digital platform. Unless the provisions contained …

'Panchayati Divorce' Has No Legal Sanctity, Such Customs Ceased To Exist After Formulation Of Hindu Marriage Act: P&H High Court
3 years, 10 months ago

'Panchayati Divorce' Has No Legal Sanctity, Such Customs Ceased To Exist After Formulation Of Hindu Marriage Act: P&H High Court

Live Law  

While noting that the Hindu Marriage Act, 1955 is a complete Code and provides for the conditions of marriage as well as the procedure for divorce, the Punjab and Haryana High Court last month clarified that a 'Panchayati' divorce has no recognition in the eyes of law. It was further submitted that petitioner No.1 was earlier married to one Mandeep …

Breaking: Mandatory Publication Of Notice Of Intended Marriage Under Special Marriage Act Violates Right To Privacy: Allahabad High Court
3 years, 11 months ago

Breaking: Mandatory Publication Of Notice Of Intended Marriage Under Special Marriage Act Violates Right To Privacy: Allahabad High Court

Live Law  

In an important judgment, Allahabad High Court has held that requirement of publication of notice of intended marriage under Section 6 and inviting/entertaining objections under Section 7 of the Special Marriage Act is not mandatory.Justice Vivek Chaudhary observed that making such publication mandatory would invade in the fundamental rights of liberty and privacy, including within its. In an important judgment, …

When Can Power To Transfer Petitions U/s 21A Hindu Marriage Act Be Invoked? SC Explains [Read Judgment]
4 years, 1 month ago

When Can Power To Transfer Petitions U/s 21A Hindu Marriage Act Be Invoked? SC Explains [Read Judgment]

Live Law  

The Supreme Court has held that a power to transfer the petition under Section 21A of the Hindu Marriage Act can be invoked only when the subsequent petition is either a petition seeking judicial separation or a petition seeking divorce.Justice V. Ramasubramanian also held that the Section 21­A of the Hindu Marriage Act does not divest the Supreme Court. Justice …

SC Issues Notice On Plea Challenging Provisions Of Special Marriages Act Requiring Publication Of Private Details Of Parties Intending Marriage [Read Order]
4 years, 3 months ago

SC Issues Notice On Plea Challenging Provisions Of Special Marriages Act Requiring Publication Of Private Details Of Parties Intending Marriage [Read Order]

Live Law  

The Supreme Court on Wednesday issued notice in a plea challenging provisions of the Special Marriages Act, 1954 in so far as they require the parties to the marriage to establish their private details, open for public scrutiny, before 30 days of intended marriage.A bench of Chief Justice SA Bobde, Justices AS Bopanna & V. Ramasubramaniun issued notice in the …

Plea in Supreme Court says secular marriage law violates privacy to marry
4 years, 3 months ago

Plea in Supreme Court says secular marriage law violates privacy to marry

The Hindu  

A secular marriage law that makes accessible to all and sundry the personal details, including mobile phone numbers, of adults who want to enter wedlock has come under challenge in the Supreme Court. The Special Marriage Act is intended to help consenting adults, especially those who belong to different religions or castes, to marry. She submitted that marriage is “a …

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