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Allegedly, Raj had misinformed everyone about his social status and religion and Pavani filed a case upon learning the truth. The High Court upheld her plea and said the marriage was void as the HMA postulated only between Hindus; following this, Raj, filed a special leave petition (SLP) in the apex court.
A difference exists between a void marriage and a voidable marriage. A void marriage is a marriage that was not legally valid under the laws of the jurisdiction where the marriage occurred, and is void ab initio. Although the marriage is void as a matter of law, in some jurisdictions an annulment is required to establish that the marriage is ...
The Marriage Laws (Amendment) Bill, 2010 to amend the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954 to making divorce easier on the grounds of irretrievable breakdown of marriage, was introduced in the parliament in 2012. The Bill replaces the words "not earlier than six months" in Section 13B with the words "Upon receipt of a ...
An Indian state has approved an unprecedented uniform code for marriage, divorce, adoption and inheritance for Hindus, Muslims and other religious communities under new legislation that also ...
The marriage is valid but is subject to cancellation if contested in court by one of the parties to the marriage. A voidable marriage is contrasted with a void marriage, which is one that is on its face unlawful and therefore legally has no effect, whether or not one of the parties challenges the marriage.
A void marriage is invalid from its beginning, and is generally treated under the law as if it never existed and requires no formal action to terminate. In some jurisdictions a void marriage must still be terminated by annulment, [1] or an annulment may be required to remove any legal impediment to a subsequent marriage. [2]
It proposes changes to the Hindu Marriage Act, 1955 and Special Marriage Act, 1954. Both acts has a provision for divorce by mutual consensus of both the parties. The amendment of the marriage laws propose 'irretrievable breakdown' as an additional ground for seeking divorce. Under this provision any marriage party could file a petition for ...
The Indian Succession Act of 1925 governs the succession for the marriage registered under Special Marriage Act unless both parties are Hindu, Sikh, Buddhist or Jain. The Supreme Court reviewed the gendered language in the Hindu Minority and Guardianship Act of 1956 in Githa Hariharan v. Reserve Bank of India (1999).