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The Supreme Court of India exercised its powers under Article 142 of the Constitution of India and ruled in August 2012 that marriages can be ended by mutual consent before expiry of the cooling period of six months stipulated in the Hindu Marriage Act, 1955. Section 13-B of the Hindu Marriage Act provides for the couple seeking divorce through ...
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 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 ...
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 ...
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]
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.
The Hindu Marriage Act, 1955 [59] brought reforms in the area of same-gotra marriages, which were banned prior to the act's passage. Now the Indian constitution allows any consenting adult heterosexual couple (women 18 or older and men 21 or older) from any race, religion, caste, or creed to marry.
Nehru split the Code Bill into four separate bills, including the Hindu Marriage Act, the Hindu Succession Act, the Hindu Minority and Guardianship Act, and the Hindu Adoptions and Maintenance Act. These were met with significantly less opposition, and between the years of 1952 and 1956, each was effectively introduced in and passed by ...