Search Results for "Special Marriage Act, 1954"

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Search Results for "Special Marriage Act, 1954"

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Supreme Court

Supreme Court Upholds Petitioner in IPC Marital Rape Exception Challenge; Declares Exception 2 to Section 375 IPC Unconstitutional for Girls Aged 15-18. The Court Held That the Exception Violates Articles 14, 15(3) and 21 of the Constitution by Discriminating Between Married and Unmarried Girls and Disregarding Child Marriage Prohibition.

1 Aug 2026

The writ petition under Article 32 of the Constitution was filed by Independent Thought, a child rights society, challenging Exception 2 to Section 37...

Supreme Court

Supreme Court Declares Marriage Invalid Due to Absence of Requisite Ceremonies Under Section 7 of Hindu Marriage Act, 1955. Parties Obtained Marriage Certificates Without Performing Saptapadi or Other Rites, Rendering Certificates Null and Void.

10 May 2024

The Supreme Court dealt with a transfer petition filed by the wife seeking transfer of a divorce petition from Muzaffarpur, Bihar to Ranchi, Jharkhand...

High Court

Bombay High Court Dismisses Husband's Divorce Appeal and Allows Wife's Restitution Appeal in Hindu Marriage Act Case — Mental Cruelty and Epilepsy Not Proven as Grounds for Divorce. The court held that allegations of cruelty and mental disorder must be proved by independent evidence, and epilepsy without unsound mind is not a ground for divorce under Section 13(1)(iii) of the Hindu Marriage Act, 1955.

26 Sep 2023

The case involves two cross-petitions between Harish @ Roshan Bhaskar Karnewar (husband) and Leelavati @ Reena Karnewar (wife). The husband filed Peti...

High Court

Bombay High Court Dismisses Second Appeal in Partition Suit — Gift Deed Void for Lack of Acceptance and Possession. The court held that a gift deed executed by a husband in favor of his second wife without acceptance and delivery of possession is void under Section 122 of the Transfer of Property Act, 1882, and the property remains joint family property subject to partition.

10 Jun 2022

The case involves a partition suit filed by Rakhamabai (first wife) and Ushabai (daughter) against Subhadrabai (second wife) and others. The deceased ...

High Court

Parsi Chief Matrimonial Court Grants Divorce by Mutual Consent Under Section 32B of Parsi Marriage and Divorce Act, 1936 — Irretrievable Breakdown of Marriage Established. The court dissolved the marriage of a Parsi couple who had been living separately since 2018 due to temperamental differences, with no children and mutual consent.

18 Feb 2022

This is a suit for divorce by mutual consent filed by Rohinton Minoo Surty (Plaintiff No.1) and Kashmira Rohinton Surty (Plaintiff No.2) under Section...

Supreme Court

Supreme Court Upholds Husband in Divorce Case Based on Irretrievable Breakdown of Marriage Under Article 142 of Constitution. Marriage Dissolved as Parties Lived Apart for Almost Two Decades and Reconciliation Was Impossible, Despite Lack of Statutory Ground in Hindu Marriage Act, 1955.

13 Sep 2021

The dispute involved a husband and wife who married in 2002 under Hindu rites, but the marriage never consummated and broke down immediately, with the...

High Court

High Court of Karnataka Allows Wife's Appeal Declaring Marriage Void Under Section 11 of Hindu Marriage Act, 1955 — Inter-Faith Marriage Not Solemnized as per Hindu Rites. Marriage between a Christian and a Hindu is void ab initio under the Hindu Marriage Act, 1955, as the Act applies only to Hindus.

29 Jun 2020

The appellant, Rency Mathew, a Christian by faith, married the respondent, Bharath Kumar, a Hindu, on 12.12.2005 according to Hindu customs and rites....

Supreme Court

Supreme Court Dismisses Appeal in Partition Suit: Marriage of Plaintiff with Deceased Hanumanthappa Held Valid Despite Age Dispute and Lack of Ceremonies. The Court held that the age requirement for marriage under Section 5(iii) of the Hindu Marriage Act, 1955 is directory, not mandatory, and the marriage was sufficiently proved through evidence.

15 Nov 2019

The case involves a partition suit filed by Sujathamma claiming a share in the ancestral property of Sonnappa as the wife of his deceased son, Hanuman...

Supreme Court

Supreme Court Allows Wife's Appeal in Nullity of Marriage Case Under Special Marriage Act — Remands for Fresh Consideration of Section 24. Marriage Void if Prior Spouse Alive at Time of Marriage, Irrespective of Fraud or Limitation Under Section 25.

6 Mar 2019

The appellant-wife married the respondent-husband on 5 April 2010 under the Special Marriage Act, 1954. The marriage was inter-caste. The appellant al...

High Court

Bombay High Court Acquits Accused in Bigamy Case Due to Invalid Marriage Certificate. Marriage Registration Under Special Marriage Act, 1954 by Unauthorized Clerk Cannot Sustain Conviction Under Section 495 IPC.

15 Feb 2018

The case involves a criminal revision application filed by Vijay Naibrao Jadhav against his conviction under Section 495 of the Indian Penal Code (IPC...

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