Understanding Your Right to Marry in India Under Article 21

This section contains the following proviso :- " Provided, however, that such repeal shall not affect any act done or right or status acquired while such sections were in force, or any right or liability of any husband or wife married before the commencement of this Ordinance, to sue or ... " Provided, however, that such repeal shall not affect any act done or right or status acquired while such sections were in force, or any right or liability of any husband or wife married bef....

The petitioner was first married to one Kamer, and the girl Nona Rahuel was their daughter. The petitioner divorced her first husband, the father of the child. She next married one Miskin, who is now dead. She was then married for a third time to one Laxana, who is now living with her. ... In the present case the petitioner who is the mother is married to a stranger and cannot claim the custody of the child from the first respondent, the mother's mother. The right of the maternal grandmother was u....

2023 0 Supreme(Cal) 1648

Section 2 of the Act of 1937 merely recognised the existing view of the Mahomedan Law and the Act of 1939 cannot be construed to create a new right or remedy into a muslim woman and, therefore, it is not essential that the exercise of right under the Personal

2023 0 Supreme(All) 2124

Petitioner No. 1 was previously married with one Rahul son of Chhetrapal resident of Roorkee, District- Haridwar, State of Uttarakand and they got their married dissolved through mutual compromise on 16.09.2022 executed before notary public at Saharanpur and since then, petitioner No. 1 is not concerned ... sexual intercourse between a married person who is not one's husband or wife, cannot be said to be a relationship in the nature of marriage. ... It is settled law that writ of mandamus can be issued if the petitioner has a legal #HL_ST....

She was admittedly married after the date of action brought, and the District Judge has found as a fact that she was married in diga. I have come with reluctance to the conclusion on that point he is right. ... -After the death of the father, the brothers cannot compel a sister to marry in diga and thus deprive her of her right to a share of the paternal inheritance. Even if the second plaintiff had married in diga after the institution of the action she would not lose her rights. ... The second pl....

2024 0 Supreme(All) 478

One of the conditions for exercising power under Article 226 for issuance of a mandamus is that the Court must come to the conclusion that the aggrieved person has a legal right, which entitles him to any of the rights and that such right has been infringed. ... In order to obtain a writ or order in the nature of mandamus, the applicant has to satisfy that he has a legal right to the performance of a legal duty by the party against whom the mandamus is sought and such right must be subsisting on the date of the petition.....

2025 Supreme(MANIPUR) 4

right was stopped by A’s neighbours, are relevant facts. ... Section 13 of the Evidence Act, 1872 states that Facts relevant when right or custom is in question- Where the question is as to the existence of any right or custom, the following facts are relevant:- a) any transaction by which the right or custom in question was created ... Illustration the question is, whether A has a right to a fishery. ... However, some limitation on the property rights of such children is still there in the sense their....

2024 Supreme(HK)(HKCFA) 4

in the Basic Law that limited that right to heterosexual couples only and the Court held that it would be inconsistent with that specific provision to permit reliance on the more general right to equality in BL25 and BOR22 either to mount a claim for a constitutional right to same-sex marriage ... Sham concerned a claim to a constitutional right to same-sex marriage by reason of the right to equality enshrined in BL25 and BOR22, alternatively that the laws of Hong Kong, i....

First, whether the defendants were married at the date of the execution of tile deed, and, secondly, if they were married, whether the wife could effect a valid transfer without the consent of her husband. ... For these reasons I think the judgment appealed from is right, and would dismiss the appeal with costs. Appeal dismissed. ... Tesawalamai-Right of wife to deal with immovable property without consent of husband-Marriage according to Hindu custom after having given notice of marriage under the Marriage....

The law had devised that remedy by the Act which gave a married woman the right to sue in her own name for her own benefit. The legal objection was bad, and the action should proceed." ... These had now been swept away by the Married Woman's Property Act, 1882. He was of opinion that the rights of the two parties were the same. The difficulty had been, not that there was not the right, but that the remedy had not been devised. ... She was in the eye of the law a femme sole, and enjoyed all the rights which a #HL_ST....

2021 0 Supreme(Mad) 2526

(c) Such a right cannot denied on the ground of she being woman. The order of decree of dissolution of marriage between the parties passed by the Family Court is binding upon the Jamath and thus, I find that in exercise of powers conferred upon this Court under Section 482 of Cr.P.C., this Court directs the Jamath of Bohra community situated in Chennai that the Jamath is hereby required to register the decree of divorce passed by the competent Court in O.S.No.73 of 2012 between the parties so as to enable the wife to decide the future course of action in her life which this Court feels that ....

Current Civil Cases

This procedure cannot be arbitrary, fanciful or oppressive and must necessarily answer the test of fairness, propriety and reasonableness. Right to life cannot be controlled, regulated or denied except by procedure established by law. It is now well settled that right to marry and the right to secure divorce must be reckoned as basic and essential incidents of the right to life.

2010 0 Supreme(Ker) 146

Right to life cannot be controlled, regulated or denied except by procedure established by law. It is now well settled that right to marry and the right to secure divorce must be reckoned as basic and essential incidents of the right to life. This procedure cannot be arbitrary, fanciful or oppressive and must necessarily answer the test of fairness, propriety and reasonableness.

2009 0 Supreme(P&H) 122

That marriage had taken place on the very day the parties to the present cause got married. That decree was obtained on the basis of factual misrepresentation. Mst. Surjit Kaur, a sister of father of the appellant-wife, also got married to Lachman Singh, a real brother of the respondent-husband. Mst. Surjit Kaur was maltreated by Lachman Singh aforementioned who (Lachman Singh) obtained an exparte decree of divorce against Mst. Surjit Kaur.

2001 0 Supreme(Cal) 446

The marital obligation of Hindu husband amongst other is to give shelter and maintain his wife. So, the petitioner No. 2 has right of residence with her husband at the premises in question a fortiori a lawful occupant. As such she is eligible to get electric supply line. This is almost indefeasible right of lawfully married wife originate from marital relationship.