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Showing posts with label
annulment of marriage
.
Show all posts
Showing posts with label
annulment of marriage
.
Show all posts
Saturday, 25 December 2021
Can the court annul the marriage if the wife suppresses her mental illness before her wedding?
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The fact that the parties could not live together beyond nine weeks itself shows that the mental disorder suffered by the respondent is o...
Friday, 17 April 2020
Supreme Court: Male aged between 18 to 21 years can not be punished for marrying adult female
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Section 9 of the 2006 Act must be viewed in the backdrop of this gender dimension to the practice of child marriage. Thus, it can be in...
Sunday, 1 March 2020
When petition for annulment of marriage by husband is not maintainable?
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The husband has contended and deposed that, he came to know about the fact of first marriage of his wife only when the quarrel broke bet...
Friday, 26 July 2019
Leading Supreme Court Judgment on grant of permanent alimony
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In the present case, on the husband's petition, a decree declaring the second marriage as null and void has been granted. The learned...
Sunday, 23 June 2019
Whether wife can be subjected to virginity test if she pleads non consummation of marriage in divorce petition?
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The suit was filed by the wife seeking annulment of marriage by a decree of nullity under Section 25 (i) and alternatively for divorce un...
Wednesday, 5 June 2019
Whether it is mandatory for court to hold enquiry in petition for annulment of marriage if wife is suffering from mental illness?
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After considering the various rulings cited before me and referred herein above, I have no doubt that both the Courts below erred in comp...
Saturday, 2 March 2019
Whether the court must appoint Guardian-at-litem to wife prior to passing of decree for annulment of marriage on ground of her mental illness?
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The facts referred above, disclose that there are serious allegations of mental disorder of Seema, the respondent in the HMP filed by her ...
Saturday, 28 April 2018
Whether court should grant decree for divorce if wife makes false allegations of demand of dowry?
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Though the husband would be entitled to a decree of nullity, we must add that if at all we were not to grant a decree of nullity in favo...
Sunday, 23 April 2017
When court shall grant decree for annulment of marriage on ground of fraud?
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Having regard to the above, without even any necessity for this Court while sitting in appeal to invoke, Section 23(1)(c) and (e) of H....
Friday, 22 July 2016
When marriage can be declared as void on ground of impotency of wife?
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It will therefore be seen that while the appellant filed the application on the ground that the respondent was impotent, the respondent, i...
How to prove impotency of wife for annulment of marriage?
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So far the allegation of impotency of appellant-wife and her inability to have physical and sexual relationship is concerned, this fact is ...
Sunday, 17 July 2016
Whether concept of fraud as mentioned in contract Act is applicable to matrimonial proceeding?
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The word 'fraud' has not been defined in the Act. It has, however, been defined in Section 17 of the Indian Contract Act thus-- ...
Whether court can grant decree for annulment of marriage on ground of prenuptial unchastity of wife?
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As a general rule prenuptial unchastity of the wife though unknown to the husband at the time of the marriage is not a ground for a decr...
Whether concealment of serious incurable ailment amounts to fraud for annulment of marriage?
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This general proposition, however, in my opinion, would not hold good after the amendment of clause (c) of Sec. 12 (1) of the Act by Ma...
How to appreciate evidence in case of petition for annulment of marriage?
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Voidable Marriages (1) Any marriage solemnized, whether before or after the commencement of this Act, shall be voidable and may be annulle...
Whether court should grant annulment of marriage on ground that wife is suffering from mental illness?
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The Hon'ble Supreme Court in R. Lakshmi Narayan v. Santhi (supra) held that Section 9 provides that a marriage may be solemnised bet...
When husband is entitled to get annulment of marriage on ground of impotency of wife?
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In my view, therefore, if the condition of a spouse is such as to make intercourse imperfect or painful it would amount to impotency. Ev...
When court can allow annulment of marriage on ground of concealment of material fact amounting to fraud?
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The case of Raghunath Gopal Daftardar v. Sau Vijaya Raghunath Daftardar is relied upon by the learned Counsel for the appellant. In ...
Whether husband is entitled to get annulment of marriage on ground of concealment of mental illness of wife?
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Taking into consideration all the circumstances, it is very clear that the mental illness, which requires continuous medica-lion and due...
When court can declare marriage as void on ground of fraud?
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The free consent of the parties is sine quo non for valid marriage. Where consent has been obtained by force or fraud as to the nature o...
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