First Wife Has Right to File Application under Section 11 of Hindu Marriage Act to Void Husband's Second Marriage: Allahabad HC
1 year, 7 months ago

First Wife Has Right to File Application under Section 11 of Hindu Marriage Act to Void Husband's Second Marriage: Allahabad HC

News 18  

The Allahabad High Court recently affirmed the ruling of a family court that a first wife has the right to file an application under section 11 of the Hindu Marriage Act, 1955, seeking the declaration of her husband’s second marriage as illegal and void. The counsel for the appellant who was the second wife of a man heavily relied upon the series of judgments and ratio culled out in Madras HC’s judgement Lakshmi Ammal Vs Ramaswami Naicker and another to argue that the phrase “either party thereto” in section 11 of the Act strictly means two persons who are actual parties to the second marriage. On the other hand, the counsel for the first wife argued that the Hindu Marriage Act, 1955, is a social welfare legislation and the rule of restrictive interpretation will not apply in the interpretation of the phrase “either party thereto” for deciding the first wife’s right as accrued under section 11. “If the first wife is deprived of seeking a remedy under Section 11 of the Hindu Marriage Act, it would defeat the very purpose and intent of the Act.

Marriage Court Hindu Marriage Act Hindu Act Wife Either Party Section 11 First Wife Party Thereto  phrase  hindu  husbands  11  hc  wife  void  file  right  application  act  marriage  party  thereto  second  court

History of this topic

Section 25(2) Hindu Marriage Act | Court Can Grant Maintenance To Wife Exceeding The Amount Claimed By Her: Orissa High Court
2 weeks, 4 days ago

Section 25(2) Hindu Marriage Act | Court Can Grant Maintenance To Wife Exceeding The Amount Claimed By Her: Orissa High Court

Live Law  

The Orissa High Court has ruled that a competent Court, considering facts and circumstances of the case as well as to provide just and fair means, can grant maintenance to wife exceeding the amount which she claimed in her application under the Hindu Marriage Act, 1955. Clarifying the disputed question concerning jurisdiction of Courts to grant enhanced maintenance, the Division …

Hindu Person's Marriage With Non-Hindu Foreigner To Be Registered Under Special Marriage Act, Not Valid Under Hindu Marriage Act: Madras HC
1 month, 1 week ago

Hindu Person's Marriage With Non-Hindu Foreigner To Be Registered Under Special Marriage Act, Not Valid Under Hindu Marriage Act: Madras HC

Live Law  

The Madras High Court has observed that a marriage between a Hindu and a person belonging to any other religion cannot be celebrated under the Hindu Marriage Act as the Act requires both the parties to the marriage to belong to the Hindu faith. Thus, the court held that if a Hindu person wished to marry a non-Hindu, the marriage …

Hindu Marriage Act | No Bar On Joint Petition For Nullity Of Marriage And Divorce: Gujarat High Court
1 month, 2 weeks ago

Hindu Marriage Act | No Bar On Joint Petition For Nullity Of Marriage And Divorce: Gujarat High Court

Live Law  

The Gujarat High Court dismissed a wife's revision plea challenging a family court order which rejected her Order VII Rule 11 CPC application for rejection of her husband's 'composite suit' for nullity of marriage and divorce alleging cruelty, after noting that there is no prohibition on filing such a suit or joint petition. Therefore, there cannot be any bar in …

Hits and misses in Uttarakhand UCC
1 month, 3 weeks ago

Hits and misses in Uttarakhand UCC

Hindustan Times  

The Uniform Civil Code of Uttarakhand, which was recently brought into force, is a bulky enactment comprising 392 sections, seven schedules and multiple forms. The law on “degrees of prohibited relationship” under the code, found in section 3 and Schedule I, is the same as under the Special Marriage Act, 1954. Section 29 of the code declares that “No marriage …

Allahabad HC’s BIG remark: Marriage between two Hindus cannot be dissolved within a year, until…
1 month, 3 weeks ago

Allahabad HC’s BIG remark: Marriage between two Hindus cannot be dissolved within a year, until…

Live Mint  

The Allahabad High Court has recently reiterated that marriages between Hindus are sacrosanct, or too important or valuable to be interfered with. The Allahabad HC also ruled that the Hindu marriage cannot be dissolved within the first year unless exceptional circumstances are proven. A double-judge bench, comprising Justice Ashwani Kumar Mishra and Justice Donadi Ramesh, pointed out that Section 14 …

If no 'exceptional hardship', 2 Hindus can't dissolve marriage within a year: Court
1 month, 3 weeks ago

If no 'exceptional hardship', 2 Hindus can't dissolve marriage within a year: Court

India Today  

The Allahabad High Court has observed that marriage between two Hindus is sacrosanct, and it cannot be dissolved within one year of marriage unless there is exceptional hardship or exceptional depravity as provided under the Hindu Marriage Act. A double-judge bench comprising Justice Ashwani Kumar Mishra and Justice Donadi Ramesh noted that Section 14 provides for a one-year limitation from …

Place Of Marriage Relevant Jurisdiction Under Hindu Marriage Act, Divorce Petition Can't Be Filed Where Reception Was Held: Allahabad HC
2 months ago

Place Of Marriage Relevant Jurisdiction Under Hindu Marriage Act, Divorce Petition Can't Be Filed Where Reception Was Held: Allahabad HC

Live Law  

The Allahabad High Court has held that place of marriage reception is not relevant for the purpose of conferring jurisdiction on the Family Court under Section 19 of the Hindu Marriage Act, 1955. Section 19 of the Act confers jurisdiction under the Act upon a court within whose local limits the marriage between the parties was solemnized. The High Court …

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

'Can't Have Another Trial Before The Registry': Madras HC Directs Family Court To Number Wife's Plea Without Asking For Evidence That Couple Are Hindus
5 months, 3 weeks ago

'Can't Have Another Trial Before The Registry': Madras HC Directs Family Court To Number Wife's Plea Without Asking For Evidence That Couple Are Hindus

Live Law  

The Madras High Court has directed the Family Court in Chennai to number a petition filed by a wife for restitution of conjugal rights without insisting on evidence that she and her husband are Hindus. Justice V Lakshminarayanan noted that though the husband had filed a divorce petition claiming that the couples were Christians while the wife had filed the …

Decree Of Divorce Can Be Sustained If No Cohabitation Occurs Between Parties For A Year After Grant Of Judicial Separation: Allahabad High Court
6 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 …

‘Marriage Can’t Survive False Criminal Charges’: Allahabad HC Dissolves Marriage Over Fake Dowry Charges
6 months, 3 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 …

The SC criticises ‘undue’ sympathy shown by lower courts in bigamy cases
7 months, 3 weeks ago

The SC criticises ‘undue’ sympathy shown by lower courts in bigamy cases

Hindustan Times  

On July 15, a division bench of the Supreme Court pronounced an interesting judgment, coming down heavily on a couple for committing bigamy and sentencing a woman and her second husband to six months in jail each. While enhancing the punishment imposed by the Madras High Court, the apex court went on to chastise the High Court’s sentence of ‘imprisonment …

Bizarre judgment: On the Madhya Pradesh High Court’s order
9 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
9 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
9 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 …

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
11 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 …

'Second Wife' Can't Maintain Complaint Against 'Husband' U/S 498A IPC; 'Dowry Prohibition Act' May Get Attracted In Such Cases: Allahabad HC
11 months, 3 weeks ago

'Second Wife' Can't Maintain Complaint Against 'Husband' U/S 498A IPC; 'Dowry Prohibition Act' May Get Attracted In Such Cases: Allahabad HC

Live Law  

The Allahabad High Court has held that a complaint under Section 498-A of the IPC is not maintainable against a husband at the instance of a 'second wife', however, in such cases, the Dowry Prohibition Act, 1961 may get attracted if there is a demand of dowry. 1-husband had not obtained a divorce from his first wife and hence, prosecution …

S.19 Hindu Marriage Act | Wife Residing In Australia Can't Invoke Jurisdiction Of Indian Court Where She Briefly Visited: Allahabad High Court
1 year, 4 months ago

S.19 Hindu Marriage Act | Wife Residing In Australia Can't Invoke Jurisdiction Of Indian Court Where She Briefly Visited: Allahabad High Court

Live Law  

The Allahabad High Court has held that though the term 'residing' appearing in Section 19 of the Hindu Marriage Act, 1955 is not defined under the Act, a casual visit to a place will not grant jurisdiction to the Court in that area to adjudicate upon divorce proceedings. The bench comprising of Justices Saumitra Dayal Singh and Syed Aftab Husain …

What Indian laws say about polygamy
1 year, 4 months ago

What Indian laws say about polygamy

Live Mint  

Who is allowed to have more than one wife or husband in India? Now, let's delve into these laws and aspects first: The Hindu Marriage Act and Indian Penal Code Bigamy is prohibited for a select section of society in India under The Hindu Marriage Act, 1955. What Hindu Marriage Act says The Act clearly states THIS as one of …

[Hindu Marriage Act] Wife's Failure To Comply With Restitution Of Conjugal Rights Decree Ground For Divorce: Karnataka High Court
1 year, 5 months ago

[Hindu Marriage Act] Wife's Failure To Comply With Restitution Of Conjugal Rights Decree Ground For Divorce: Karnataka High Court

Live Law  

The Karnataka High Court has dissolved the marriage between a couple, as the wife did not join the company of the husband even after the trial court passed an order for restitution of conjugal on an application filed by the husband. On going through the records the bench noted that the appellant/husband issued legal notice back in 2016 calling upon …

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 …

[Hindu Marriage Act] Children Born Out Of Void Marriage Can't Claim Share In Joint Family Property: Telangana High Court
1 year, 6 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 …

'Wife' Entitled To Maintenance Under Section 125 CrPC Even If Marriage Was Not Legal: Madras High Court
1 year, 8 months ago

'Wife' Entitled To Maintenance Under Section 125 CrPC Even If Marriage Was Not Legal: Madras High Court

Live Law  

The Madras High Court recently held that even if a marriage was not legal due to the existence of a first marriage, the second wife and the children born out of the second marriage will be entitled to maintenance under Section 125 of the Code of Criminal Procedure. Justice K Murali Shankar of the Madurai bench was dealing with a …

What is Hindu Marriage Act and its relevance: Details here
1 year, 8 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 …

In legal fight for love, petitioners look to Supreme Court for same-sex marriage sanction
1 year, 11 months ago

In legal fight for love, petitioners look to Supreme Court for same-sex marriage sanction

The Hindu  

A five-judge bench of the Supreme Court is set to hear the petitions on April 18, 2023. It is then upon the aggrieved members of society, the victims of the current marriage regime, to go to court and say the laws as they stand today are violative of the Constitution, and therefore the court is absolutely the right forum for …

Marriage With Minor Girl Not Void U/S 11 Of Hindu Marriage Act: Karnataka High Court
2 years, 2 months ago

Marriage With Minor Girl Not Void U/S 11 Of Hindu Marriage Act: Karnataka High Court

Live Law  

The Karnataka High Court has set aside an order passed by the family court under the Hindu Marriage Act by which it declared the marriage between a couple to be null and void, as the woman was minor at the time of marriage. A division bench of Justice Alok Aradhe and Justice S Vishwajith Shetty observed that Section 11 of …

[Kerala Marriage Registration Rules] Only Husband Or Wife Can Seek Correction Of Entries In Register Of Marriages, Not Any Third Party: High Court
2 years, 3 months ago

[Kerala Marriage Registration Rules] Only Husband Or Wife Can Seek Correction Of Entries In Register Of Marriages, Not Any Third Party: High Court

Live Law  

The Kerala High Court recently held that authorities can entertain an application under Rule 13 of Kerala Registration of Marriages Rules 2008 for correction or cancellation of entries in the Register of Marriages only at the instance of the parties to the marriage. Justice P. V. Kunhikrishnan observed that a third person who is not a party to the marriage …

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, …

"Recognizing Same-Sex Marriage Would Be Against Indian Culture, Laws & Indic Religions": UP Govt Submits Before Allahabad High Court
2 years, 11 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 …

Divorce By Mutual Consent: Madhya Pradesh HC Rules Condition U/S13B(1) Hindu Marriage Act Of 'Living In Separation For One Year' Can't Be Waived
2 years, 11 months ago

Divorce By Mutual Consent: Madhya Pradesh HC Rules Condition U/S13B(1) Hindu Marriage Act Of 'Living In Separation For One Year' Can't Be Waived

Live Law  

The Madhya Pradesh High Court recently held that the period of one year of living in separation is a must to the filing of an application for divorce by mutual consent under Section 13B of the Hindu Marriage Act and that waiver of this period under Section 14 of the Act is not permissible. The Court examined the provisions under …

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

Relief Against Third Party Can't Be Claimed In Proceedings Between Husband & Wife Under Hindu Marriage Act : Supreme Court
3 years, 5 months ago

Relief Against Third Party Can't Be Claimed In Proceedings Between Husband & Wife Under Hindu Marriage Act : Supreme Court

Live Law  

The Supreme Court has held that in a proceedings under the Hindu Marriage Act between a husband and a wife, a relief against a third party cannot be claimed.The Court held so while rejecting a wife's plea to seek a declaration that the alleged marriage between her husband and another woman was void. The Supreme Court has held that in …

Customary Divorces under Hindu Law
3 years, 7 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, 8 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 …

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
4 years 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
4 years, 1 month 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 …

Breaking: Mandatory Publication Of Notice Of Intended Marriage Under Special Marriage Act Violates Right To Privacy: Allahabad High Court
4 years, 2 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, …

Punjab & Haryana High Court: Hindu marriage between first cousins illegal
4 years, 4 months ago

Punjab & Haryana High Court: Hindu marriage between first cousins illegal

Op India  

The Punjab and Haryana High Court during the hearing of an anticipatory bail application of a petitioner, who was in live-in relationship with his minor first cousin and wanted to marry her after she turned 18, observed that the marriage between first cousins was per se illegal. He submitted that the petitioner and the minor were not allowed to marriage …

Delhi HC Issues Notice In A Plea Seeking Marriage Equality For Same Sex Couples Under Hindu Marriage Act
4 years, 4 months ago

Delhi HC Issues Notice In A Plea Seeking Marriage Equality For Same Sex Couples Under Hindu Marriage Act

Live Law  

Delhi High Court has issued notice in a plea seeking registration of marriages of the same-sex couples under the Hindu Marriage Act. The order has come in a plea moved by Abhijit Iyer Mitra seeking registration of marriages of LGBTQIA couples under the Hindu Marriage Act. Today, the Petitioner argued that the language used in the Hindu Marriage Act is …

Plea In Supreme Court Against Allahabad HC Order Which Denied Protection To Couple Holding That Conversion For The Purpose Of Marriage Unacceptable
4 years, 4 months ago

Plea In Supreme Court Against Allahabad HC Order Which Denied Protection To Couple Holding That Conversion For The Purpose Of Marriage Unacceptable

Live Law  

A writ petition has been filed in the Supreme Court alleging that a "wrong precedent" has been set by the Allahabad High Court by declining police protection to an inter-faith married couple holding that religious conversion for the purpose of marriage unacceptable. He is aggrieved by the fact that with the passing of the impugned order, the Allahabad High Court …

Allahabad HC Order on Conversions for Marriage Omits Vital Context
4 years, 4 months ago

Allahabad HC Order on Conversions for Marriage Omits Vital Context

The Quint  

The high court also relied on a judgment by the Supreme Court in Lily Thomas v. Union of India from 2000, to say that the Supreme Court had apparently observed that “conversion of religion of a non-Muslim without any real change in belief in Islam and only for marriage is void”. There, the issue before the Supreme Court was related …

Supreme Court Notice on Plea against Public Notice under Special Marriage Act
4 years, 6 months ago

Supreme Court Notice on Plea against Public Notice under Special Marriage Act

News 18  

The Supreme Court on Wednesday issued notice on a plea against the 30-day public notice to furnish details of couples who intend to marry under the Special Marriage Act. “Publishing details of notice of marriage by the Marriage Officers include the details of the parties like names, date of birth, age, occupation, parents’ names and details, address, pin code, identity …

SC Issues Notice On Plea Challenging Provisions Of Special Marriages Act Requiring Publication Of Private Details Of Parties Intending Marriage [Read Order]
4 years, 6 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, 6 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 …

Plea In SC Seeks Direction To The Centre For Uniform Grounds Of Divorce For All Citizens Regardless Of Religion, Race, Caste, Sex, Place Of Birth [Read Petition]
4 years, 7 months ago

Plea In SC Seeks Direction To The Centre For Uniform Grounds Of Divorce For All Citizens Regardless Of Religion, Race, Caste, Sex, Place Of Birth [Read Petition]

Live Law  

The Supreme Court has been moved in a PIL seeking a direction to the Centre to take apposite steps to remove anomalies in the grounds of divorce & make them uniform for all citizens without prejudice on the basis of religion, race, caste, sex or place of birth in spirit of the Articles 14, 15, 21, 44 and international conventions. …

Marriage In Violation Of Minimum Age Limit Under Hindu Marriage Act Is Voidable, Not Void: Punjab & Haryana HC [Read Order]
4 years, 9 months ago

Marriage In Violation Of Minimum Age Limit Under Hindu Marriage Act Is Voidable, Not Void: Punjab & Haryana HC [Read Order]

Live Law  

The Punjab and Haryana High Court on Monday directed the concerned authorities to register the marriage of a Hindu-couple, while holding that marriages solemnized in violation of age restrictions under Section 5 of the Hindu Marriage Act, are not void. "A perusal of the Hindu Marriage Act, 1955, shows that in case, a marriage has been solemnized in violation of …

Hindu Marriage Act - Consent Of First Wife Will Not Make Second Marriage Legal: Patna HC [Read Judgment]
5 years, 3 months ago

Hindu Marriage Act - Consent Of First Wife Will Not Make Second Marriage Legal: Patna HC [Read Judgment]

Live Law  

A division bench of the High Court of Patna comprising Justices Hemant Kumar Srivastava and Prabhat Kumar Singh has held that the consent of the first wife does not give right to a man to solemnize second marriage during the lifetime of first wife. The counsel for the appellant submitted that though the departmental proceeding was initiated on the complaint …

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