SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2013 Supreme(UK) 740

SERVESH KUMAR GUPTA, BARIN GHOSH
Anant Naithani – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
Ms. Anjali Noliyal, Advocate for the petitioner.
Mr. Vinay Kumar, Standing Counsel for the State of Uttarakhand/respondent no. 1.

Judgment

Barin Ghosh, J.

Hindu Marriage Act, 1955, as provided in Section 4 thereof, has an overriding effect over any text, rule or interpretation of Hindu law or any custom or usage as part of that law in force immediately before the commencement of the Act or any other law in force immediately before the commencement of the Act. Section 5 of the Act provides, amongst others, that a marriage may be solemnized between any two Hindu if, amongst others, the condition that the bridegroom has completed the age of twenty –one years and the bride the age of eighteen years at the time of marriage has been complied with. Every Hindu, governed by the said Act, is bound by the conditions mentioned therein. Prior to coming into force of the Hindu Marriage Act, The Arya Marriage Validation Act, 1937 came into force. The said Act validated inter-caste marriage between Hindus. Inter-caste marriage being not barred under the Hindu Marriage Act, The Arya Marriage Validation Act, 1937 is still in force. The writ petition seeks a direction upon the Court to identify Arya Samajists. A look at the provisions of the Arya Marriage Validation Act, 1937 would make it amply clear that Arya Samajists are tho



Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top