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Showing posts with label void marriage. Show all posts
Showing posts with label void marriage. Show all posts
Saturday, 2 December 2023

Notes on Rights of the child born out of void and voidable marriage as per S 16 of Hindu Marriage Act

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  S 16 of Hindu Marriage Act:- Legitimacy of children of void and voidable marriage- 1) Children of void and voidable marriage as per S 11 o...
Tuesday, 28 November 2023

What is distinction between “Void Marriages” and “Voidable Marriages” as per Hindu Marriage Act?

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  Under the Hindu Marriage Act 1955, "Void Marriages" and "Voidable Marriages" are two distinct legal concepts: Void Mar...
Sunday, 19 November 2023

Whether Conviction U/S 498A IPC is Sustainable if Marriage Is Found To Be Null & Void?

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Mr. S.Nagamuthu, learned senior counsel for the appellants submits that the marriage between the parties has been held to be null and void b...
Sunday, 18 July 2021

Whether Children Born Out Of Void Marriage Are Legitimate and are entitled to get service on Compassionate ground?

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 Even if the narrow classification test is adopted, the circular of the Railway Board creates two categories between one class of legitimate...
Sunday, 11 April 2021

Whether children born out of void marriage are class 1 Legal heirs as S 8 of the Hindu Succession Act?

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This Court in the matter of Laxmibai and others vrs. Limbabai, reported in 1983 Mh.L.J.103, has recorded a finding that the children born ou...
Wednesday, 26 December 2018

Whether children born out of void marriage can claim share in property of their parents during their life time?

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 Thus, it is now made more than clear that, the children of a void marriage, though regarded as legitimate, such children would not be ...
Saturday, 14 October 2017

Whether it is mandatory to prove custom by clear and unambiguous evidence?

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In another case in Udaya Swain. v. Satya Swainani reported in MANU/OR/0197/1970 : 1970 The Cuttack Law Times, 1330, the learned single Jud...
Sunday, 20 August 2017

Whether daughters born out of void marriage are entitled to inherit property of their father?

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It is an admitted position that respondents 2 and 3 were born out of the wedlock of late Suryanarayana and Pydamma during the subsistenc...
Thursday, 2 March 2017

Whether family pension can be bequeathed by will?

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Thus, the payment of pension is strictly governed by the service rules   and,   therefore,   it   cannot   be   an   'estate'   ...

Whether second wife can claim family pension after death of husband?

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The reasoning given by the Division Bench is consistent with the other   provisions   of   law   as   mentioned   above   wherein   th...
Friday, 2 December 2016

Whether woman whose marriage is declared as void can claim maintenance under Domestic violence Act?

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In the instant case, petitioner alleged physical and mental torture upon her by opposite party no. 1 during continuation of their marit...
Monday, 26 September 2016

Whether second marriage after divorce will be void?

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 In the case at hand, the petitioner-husband solemnized his second marriage only after obtaining a decree of divorce. When he solemn...
Sunday, 17 July 2016

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...
Wednesday, 29 July 2015

Whether child born from void marriage between Hindu father and christian mother will be christian?

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The Apex Court in  Smt. Yamunabai Anantrao Adhav v. Anantrao Shivram Adhav and Anr . (AIR 1988 SC 644) pointed out that S.5 of the Hindu...
Thursday, 14 May 2015

Whether children of void marriage are entitled to get family pension till they attain majority?

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 Now, when first order was cancelled by the State Government and second passed depriving Yogmaya Devi and her children of any right in th...
Sunday, 26 October 2014

HC nullifies man's third marriage under Hindu Act

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MUMBAI: The Bombay High Court has come to the rescue of a Pune resident who claimed that he was forcibly married to his third wife. A divis...