Search Results for "null and void marriage"

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Search Results for "null and void marriage"

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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 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 Allows Wife's Appeal in Marriage Validity Dispute — Holds That Conversion to Hinduism Before Marriage Can Be Inferred from Conduct and That Family Court Has Jurisdiction Under Hindu Marriage Act, 1955. The court found that the wife had converted to Hinduism before marriage, making the marriage valid, and remanded the case for hearing on merits.

25 Nov 2005

The case involves an appeal by the wife, Smt. Madhavi Ramesh Dudani, against a common judgment and order dated 29th June 2004 passed by the Family Cou...

Supreme Court

Supreme Court Allows Maintenance to Wife in Second Marriage Despite Pendency of Appeal Against Divorce Decree — Marriage Not Void Under Hindu Marriage Act When No Stay on Decree. The Court held that Section 125 CrPC maintenance cannot be denied solely on the ground that the marriage was solemnized during the pendency of an appeal against a divorce decree, as the earlier marriage stood dissolved and the second marriage did not contravene Section 5(i) of the Hindu Marriage Act.

14 Feb 2020

The appeal arises from a judgment of the Telangana High Court dismissing the appellant's criminal revision against the rejection of her maintenance ap...

High Court

Madras High Court Dismisses Husband's Appeal for Divorce, Upholds Wife's Right to Matrimonial Home and Maintenance. Irretrievable breakdown of marriage not a ground for divorce under Hindu Marriage Act, 1955; wife's right to residence is part of maintenance under Section 125 CrPC and Section 24 of the Hindu Marriage Act.

15 Jun 2026

The case involves a matrimonial dispute between S.Naveen (husband/appellant) and M.Nitharshani (wife/respondent). The husband filed H.M.O.P.No.136 of ...

Supreme Court

Supreme Court Allows Wife's Appeal in Hindu Marriage Act Amendment Case, Permitting Counter-Claim for Declaration of Void Second Marriage. The Court held that delay in amendment application is not fatal under Order VI Rule 17 CPC when necessary to decide real controversy and avoid multiplicity of proceedings, and counter-claim for declaratory relief under Section 23A Hindu Marriage Act, 1955, is permissible in divorce petition.

7 Oct 2021

The dispute arose from a marriage solemnized on 1.3.1987 between the appellant-wife and respondent-husband under Hindu rites, with a child born on 3.5...

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...

High Court

Bombay High Court Dismisses Husband's Appeal in Nullity of Marriage Case Based on Wife's Sickle Cell Anemia. Sickle Cell Anemia Not a Ground for Voidable Marriage Under Section 12(1)(c) of Hindu Marriage Act as It Is Not a Communicable Disease and No Fraud Proven.

25 Apr 2017

The appellant husband, Pradeep Ambhore, filed a Family Court Appeal before the Bombay High Court challenging the judgment of the Family Court, Akola, ...

High Court

Bombay High Court Allows Husband's Appeal in Marriage Annulment Case — Sets Aside Restitution of Conjugal Rights Decree. Marriage declared null and void as wife was suffering from schizophrenia at time of marriage, a mental disorder of such kind that husband could not reasonably be expected to live with her under Section 5(ii)(b) of Hindu Marriage Act, 1955.

11 Sep 2019

The appellant-husband filed a petition under Section 11 read with Section 5(ii)(b) of the Hindu Marriage Act, 1955, seeking annulment of his marriage ...

High Court

Bombay High Court Dismisses Petition of Second Wife Claiming Family Pension Under Maharashtra Civil Services (Pension) Rules, 1982. A Hindu marriage contracted during the subsistence of the first marriage is void, and the second wife is not entitled to family pension as a 'family' member under Rule 116(6)(a)(i) of the Maharashtra Civil Services (Pension) Rules, 1982.

26 Nov 2015

The petitioner, Smt. Chanda Hinglas Bharati, filed a writ petition challenging the order dated 24.6.2013 by which the respondents stopped releasing fa...

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