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 said evidence is lacking in the present case,” the court said in a recent order. The court also relied on section 7 of the Hindu Marriage Act, 1955, which provides that a Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto. While quashing the summoning order dated April 21, 2022 and further proceedings of complaint case pending before a Mirzapur court against the wife, the petitioner, the court said, “Even there is no averment with regard to ‘Saptapadi’ in the complaint as well as in the statements before the court, hence, this court is of the view that no prima-facie offence is made out against the applicant as the allegation of second marriage is a bald allegation without corroborative materials”.

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History of this topic

Pay Rs 25,000 arrears or face dismissal of divorce petition, court tells man
1 day, 12 hours ago

Pay Rs 25,000 arrears or face dismissal of divorce petition, court tells man

India Today  

The Bombay High Court has quashed an order of the Sangli Civil Court and ruled that a husband's divorce petition will be dismissed if he fails to clear Rs 25,000 in maintenance arrears by June 30, 2025. The order came while hearing a petition filed by the man's wife, challenging the Sangli court's rejection of her plea to strike out …

'Allegations Embedded With Hatred, Complete Breakdown Of Marriage For One Decade': Orissa High Court Grants Divorce To Couple
1 week, 2 days ago

'Allegations Embedded With Hatred, Complete Breakdown Of Marriage For One Decade': Orissa High Court Grants Divorce To Couple

Live Law  

The Orissa High Court has recently granted divorce to a couple on the ground of desertion under Section 13 of the Hindu Marriage Act, 1955, further observing that the couple have indulged in levelling bitter allegations against each other portraying hatred and a complete breakdown of marriage for more than last one decade. So, in the circumstances keeping in view …

Don’t reject Jains’ divorce plea under Hindu Act: HC
3 weeks ago

Don’t reject Jains’ divorce plea under Hindu Act: HC

Hindustan Times  

Bhopal: The Madhya Pradesh high court has restrained a family court in Indore from dismissing any divorce petition filed by couples from the Jain community under the Hindu Marriage Act, observing that at least 28 such pleas finalised by the family court citing their minority status have been brought before it. A division bench comprising justices Vivek Rusia and Gajendra …

'Appalling': Delhi High Court Criticizes Non-Compliance Of Supreme Court Order On Compulsory Registration Of Marriages
3 weeks, 1 day ago

'Appalling': Delhi High Court Criticizes Non-Compliance Of Supreme Court Order On Compulsory Registration Of Marriages

Live Law  

The Delhi High Court on Wednesday expressed its displeasure at the Union and Delhi Governments over non-compliance of a Supreme Court order directing that all marriages be compulsorily registered, irrespective of faith. Notably, the Delhi government had issued Delhi Order, 2014, for compulsory registration of marriages. In November last year, a single judge had directed Delhi Government's Chief Secretary to …

Minor irregularities can’t render special marriage void: HC
3 weeks, 5 days ago

Minor irregularities can’t render special marriage void: HC

Hindustan Times  

MUMBAI: In an important ruling, the Bombay high court on Friday held that a special marriage cannot be termed void owing to minor irregularities such as one of the parties not residing within the jurisdiction of the concerned Registrar of Marriages for a continuous period of 30 days preceding notice of marriage. Minor irregularities can’t render special marriage void: HC …

Marriage Under Special Marriage Act Not Illegal Only Because Either Spouse Did Not Live In The District Where Marriage Was Registered For 30 Days: Bombay HC
Trending News
3 weeks, 6 days ago

Marriage Under Special Marriage Act Not Illegal Only Because Either Spouse Did Not Live In The District Where Marriage Was Registered For 30 Days: Bombay HC

Live Law  

A marriage duly certified under the Special Marriage Act, 1954 cannot be deemed illegal or void just because either of the spouses did not comply with section 5 of the Act, which mandates one of them to live in the district, where they register their marriage, for 30 days, the Bombay High Court held on Friday. A division bench of …

Inter-faith marriages should be registered under Special Marriage Act: Madurai Bench of Madras High Court
1 month, 2 weeks ago

Inter-faith marriages should be registered under Special Marriage Act: Madurai Bench of Madras High Court

The Hindu  

A person of Hindu faith who wishes to marry a person of another faith, be it Christianity, Islam or any other faith, then such a marriage should be registered under the Special Marriage Act, in order to avoid being declared illegal and void, the Madurai Bench of the Madras High Court observed. A Division Bench of Justices R. M. T. …

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, 2 weeks 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, 4 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 …

Marriage between two Hindu individuals sacrosanct, can’t be dissolved within one year: Allahabad HC
2 months ago

Marriage between two Hindu individuals sacrosanct, can’t be dissolved within one year: Allahabad HC

New Indian Express  

LUCKNOW: The Allahabad High Court held that marriage between two Hindu individuals is sacrosanct and cannot be dissolved within one year of marriage on grounds of mutual incompatibility. The HC cited that dissolution is only allowed in cases of exceptional hardship or exceptional depravity as provided under Section 14 of the Hindu Marriage Act, 1955. Passing the order, the High …

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 …

Supreme Court Order Expediting Divorce Proceedings Cannot Be Taken To Deprive Wife Of Her Right To Contest: Allahabad High Court
2 months, 1 week ago

Supreme Court Order Expediting Divorce Proceedings Cannot Be Taken To Deprive Wife Of Her Right To Contest: Allahabad High Court

Live Law  

Recently, the Allahabad High Court has held that order passed by the Supreme Court expediting divorce proceedings cannot be a ground to deprive the wife of her right to contest divorce proceedings. Subsequently, appellant-wife approached the Supreme Court seeking transfer of proceedings to Kanpur Nagar, UP, which was allowed with an observation “to make all endeavour to dispose of the …

Limitation Period For Husband's Plea To Annul Child Marriage Starts From Age 18 Or 21? Supreme Court To Decide
2 months, 1 week ago

Limitation Period For Husband's Plea To Annul Child Marriage Starts From Age 18 Or 21? Supreme Court To Decide

Live Law  

The Supreme Court today issued notice on a petition raising the issue as to whether the age of 'majority' - for males - when computing limitation period for filing a petition seeking annulment of marriage under the Prohibition of Child Marriage Act, should be 18 years or 21 years.A bench of Justices Pankaj Mithal and Ahsanuddin Amanullah passed the order, …

S.13B Hindu Marriage Act | Consent For Divorce Can Be Unilaterally Withdrawn By A Party Even After Conclusion Of Arguments: Orissa HC
2 months, 2 weeks ago

S.13B Hindu Marriage Act | Consent For Divorce Can Be Unilaterally Withdrawn By A Party Even After Conclusion Of Arguments: Orissa HC

Live Law  

The Orissa High Court has recently held that consent for divorce can be unilaterally withdrawn by a spouse anytime before the passing of decree granting divorce on the basis of mutual consent, even after conclusion of arguments. Reiterating the significance of 'mutual consent' of spouses for grant of divorce under Section 13-B of the Hindu Marriage Act, the Single Bench …

2 mangalsutras for 2 husbands, internet divides over woman's claim to be married to two men
3 months ago

2 mangalsutras for 2 husbands, internet divides over woman's claim to be married to two men

India TV News  

Marriages in India hold immense significance in India and according to Hindu law, an individual is allowed to be married to only one spouse. But a recent viral video has surprised the internet as a UP woman claims to live with two husbands. According to the Hindu Marriage Act, 1955, a marriage may be solemnized between any two Hindus, under …

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
3 months, 1 week 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 …

Bihar man tries to get married amid pending divorce case. After his wife came to know about it, THIS happened
3 months, 2 weeks 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 …

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 …

Denial Of Sex Must Sustain Over A 'Long Period' To Seek Dissolution Of Marriage On This Ground: Allahabad High Court
4 months, 2 weeks ago

Denial Of Sex Must Sustain Over A 'Long Period' To Seek Dissolution Of Marriage On This Ground: Allahabad High Court

Live Law  

The Allahabad High Court has ruled that to seek dissolution of marriage on the ground of denial of sexual intercourse, it must be demonstrated that this denial has been a consistent and ongoing issue over a prolonged period of time. To seek dissolution of marriage on ground of denial of sexual intercourse, such fact occurrence has to seen to have …

Hindu marriage can’t be dissolved as a contract: Allahabad High Court
6 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
6 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
6 months, 2 weeks 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 …

Can Alimony Be Granted When Marriage Is Declared Void Under Hindu Marriage Act? Supreme Court To Consider
7 months ago

Can Alimony Be Granted When Marriage Is Declared Void Under Hindu Marriage Act? Supreme Court To Consider

Live Law  

The Supreme Court is set due to consider the issue whether alimony can be granted where the marriage has been declared void. The bench of Justices Vikram Nath and PB Varale noted that there have been conflicting views by the decisions of various division benches in interpreting the applicability of Sections 24 and 25 of the Hindu Marriage Act, 1955 …

[Hindu Marriage Act] Bar Against Remarriage Not Applicable If Delay In Filing Matrimonial Appeal Is Not Satisfactorily Explained: Gauhati HC
9 months, 2 weeks ago

[Hindu Marriage Act] Bar Against Remarriage Not Applicable If Delay In Filing Matrimonial Appeal Is Not Satisfactorily Explained: Gauhati HC

Live Law  

The Gauhati High Court on Wednesday dismissed an Interlocutory Application filed by a woman for condonation of 122 days of delay in preferring the matrimonial appeal which challenged an ex-parte divorce decree passed by the District Court, on the ground that the bar of Section 15 of the Hindu Marriage Act would not be applicable in the case and delay …

Bizarre judgment: On the Madhya Pradesh High Court’s order
9 months, 3 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, 3 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 …

Interfaith Couples Can Marry Under Special Marriage Act Without Need Of Conversion: Allahabad High Court
9 months, 4 weeks ago

Interfaith Couples Can Marry Under Special Marriage Act Without Need Of Conversion: Allahabad High Court

Live Law  

The Allahabad High Court has observed that the law does not prevent an interfaith couple from applying for court marriage under the Special Marriage Act without the requirement of converting their religion. The petitioners argued that without converting to the faith/religion of the other, they decided to cohabit as husband and wife and get married under the Special Marriage Act …

Allahabad High Court allows interfaith couples to marry without conversion under Special Marriage Act
9 months, 4 weeks ago

Allahabad High Court allows interfaith couples to marry without conversion under Special Marriage Act

India TV News  

The Allahabad High Court has observed that the law permits interfaith couples to marry under the Special Marriage Act without conversion. The court dismissed the argument, stating that while marriage by agreement is invalid, parties can apply for court marriage under the Special Marriage Act without conversion. However, law does not prevent the parties from applying for court marriage under …

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 …

Live-In Relation A 'Stigma' In Indian Culture; Apathy Towards Matrimonial Duties Gave Rise To This Concept: Chhattisgarh HC
10 months, 3 weeks ago

Live-In Relation A 'Stigma' In Indian Culture; Apathy Towards Matrimonial Duties Gave Rise To This Concept: Chhattisgarh HC

Live Law  

The Chhattisgarh High Court recently observed that live-in relationships, which are followed in certain sects of society, still continue as a “stigma” in Indian culture as such relations are an imported philosophy contrary to the general expectations of Indian Tenets. High Court's observations At the outset, the Court took exception to the appellant's submission that he is entitled to solemnise …

SC highlights cultural, legal significance of wedding ceremonies in Indian society
10 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 …

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, 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 …

Is kanyandan relevant today? Why Allahabad HC said ritual is not essential in Hindu marriage
11 months, 2 weeks ago

Is kanyandan relevant today? Why Allahabad HC said ritual is not essential in Hindu marriage

Firstpost  

The Allahabad High Court said in a recent ruling that as per the Hindu Marriage Act, the ceremony of kanyadan is not essential for the solemnisation of a marriage. It observed that the ceremony of “kanyadan” is not necessary for the solemnisation of marriage under the Hindu Marriage Act. “Thus, Hindu Marriage Act merely provides saptpadi as an essential ceremony …

“Kanyadan” not essential for Hindu marriage as per law: Allahabad HC
11 months, 3 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
11 months, 3 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
1 year 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 High Court Rejects Husband's Plea For Divorce, Says Matrimonial Disputes Due To Mere Lack Of Adjustment Are Unfortunate
1 year ago

Delhi High Court Rejects Husband's Plea For Divorce, Says Matrimonial Disputes Due To Mere Lack Of Adjustment Are Unfortunate

Live Law  

The Delhi High Court has observed that unfortunate are the matrimonial disputes where the “fountain head of friction” inter se the spouses is mere lack of adjustment, understanding and the will to stay together. “These factors are the wheels of the chariot of a workable marriage and if either spouse becomes averse to move together and chooses to abandon the …

Irretrievable breakdown of marriage should be ground for divorce: Allahabad HC
1 year ago

Irretrievable breakdown of marriage should be ground for divorce: Allahabad HC

Hindustan Times  

The Allahabad high court has emphasised the need for amending the grounds for divorce under the Hindu Marriage Act, 1955, to address modern day situations. The court allowed a first appeal moved by a doctor, who had challenged the order of the family court, Moradabad that rejected his divorce petition. Allowing a first appeal moved by a doctor, who had …

Allahabad High Court refuses to give Muslim married woman and Hindu live-in partner protection citing Sharia Law
1 year ago

Allahabad High Court refuses to give Muslim married woman and Hindu live-in partner protection citing Sharia Law

Op India  

On 23rd February 2024, the Allahabad High Court ruled that it cannot protect the live-in relationship of a legally wedded Muslim woman with another man, as this amounted to a crime according to Sharia. Justice Renu Agarwal gave this verdict on a plea filed by a married Muslim woman and her Hindu live-in partner fearing for her life against threats …

Interim Maintenance Order U/S 24 Hindu Marriage Act Not Interlocutory, Appealable U/S 19 Family Courts Act: Punjab & Haryana High Court
1 year, 1 month ago

Interim Maintenance Order U/S 24 Hindu Marriage Act Not Interlocutory, Appealable U/S 19 Family Courts Act: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has made it clear that pendente lite maintenance passed by Family Court under Section 24 of Hindu Marriage Act, 1955 is amenable to an appeal before High Court under Section 19 of the Family Courts Act.For context as per Section 19 of the Family Court, an appeal shall lie from every judgment or order, …

Delhi High Court upholds law barring marriage of distant relatives
1 year, 2 months ago

Delhi High Court upholds law barring marriage of distant relatives

Hindustan Times  

The Delhi high court upheld the validity of the Hindu Marriage Act provision that prohibits marriage between two people who are distantly related, saying that the consent of parents for a marriage between blood relatives cannot be treated as a custom under the law. The division bench, which also included justice Manmeet PS Arora, said the woman failed to prove …

Delhi HC upholds validity of statute banning ‘sapinda’ marriages in Hindu couples
1 year, 2 months 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, 3 months 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 …

Hindu Marriage Act | Trial Court Must Wait 18 Months Before Dismissing Plea U/S 13B Even If Parties Trying To Reunite: Karnataka High Court
1 year, 3 months ago

Hindu Marriage Act | Trial Court Must Wait 18 Months Before Dismissing Plea U/S 13B Even If Parties Trying To Reunite: Karnataka High Court

Live Law  

The Karnataka High Court has held that under Section 13B of the Hindu Marriage Act, a couple seeking divorce had 18 months to report a settlement between them after filing the petition for divorce by mutual consent. A division bench of Justice K S Mudagal and Justice K V Arvind allowed an appeal and set aside the order of the …

Patna High Court Annuls Hindu Marriage Noting Man Was Forced To Apply Sindur At Gunpoint, Emphasizes Saptapadi Significance
1 year, 4 months 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 …

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