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1996 Supreme(Kar) 420

M.F.SALDANHA
MALLIKARJUNAIAH – Appellant
Versus
H. C. GOWRAMMA – Respondent


M. F. SALDANHA, J.

( 1 ) A very unusual aspect of the law relating to Hindu marriages has been thrown up for decision in this C. R. P. It can basically be summarised in the following proposition namely, "whether a Hindu marriage solemnized in breach of the conditions prescribed in sub-clause (iii) of Section 5 of the Hindu Marriage Act, namely, the minimum age requirement of 21 and 18 as regards the boy and the girl, is void, voidable or whether the marriage is to be treated as a valid marriage despite this breach?"

( 2 ) THE facts giving rise to the dispute may briefly be set out. The petitioner before me instituted Matrimonial case No. 6/92 in the Court of the Civil Judge at Tiptur. His contention was that the marriage solemnized between him and the respondent on 13-6-1990 is liable to be declared as a void marriage because, the petitioner at that time had not completed the minimum age requirement of 21 years. He sought to rely on the fact that he had produced a school Transfer Certificate which indicated that his date of birth was 1-5-1970, which indicated that he was 20 years, 1 month and 12 days old on the date when the marriage was solemnized. The respondent - wife applied to t










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