Is Marriage at Home Invalid in India? Legal Guide

He believed the evidence of Selvaratnam and her witnesses and therefore one may infer that he has held that Ramasamy did consent. He also held that a valid marriage had been contracted.  ] which was decided in 1828, Lord Tenterden C.J. held that the marriage of a minor whose father did not consent to the marriage was nevertheless valid, the section requiring consent be....

The learned District Judge held that the marriage was invalid under section 17 the Marriage Registration Ordinance, No. 19 of 1907. N. E. Weerasooria, for substituted petitioner, appellant. ... Held, further, that S's marriage was -invalid as being within the prohibited degrees of relationship under section 17 of Ordinance No. 19 of 1907. ... He held#HL_E....

A valid marriage, is one recognized by law, an invalid marriage is one which is void. ... The learned District Judge had held that it was invalid, inasmuch as the female party had not completed her twelfth year at the date of the marriage as required by section 16 of the Marriage Registration Ordinance, No. 19 of 1907. ... But he ....

It does not prove the fact of marriage, and the presumption is not an irrebuttable presumption but one which may be disproved. In this case, as observed earlier, the only evidence of any antecedent religious ceremony was of one which was invalid. ... C. 269], where it was held that living together of parties subsequent to the impediment which rendered the marriage solemnized between....

Marriage-Invalid by reason of legal impediment-Cohabitation in habit and repute-No presumption of marriage. Where a marriage registered between parties is invalid owing to a legal impediment a presumption of marriage by cohabitation in habit and repute cannot arise. ... -The learned District Judge held that the registration of the second marriage#HL_END....

HELD: Per Anil Gooneratne, J "The position of the Respondent is that Gnanasena was already married to one Leele and that marriage was not dissolved and since the marriage between herself and Gnanasena was void abintio the marriage in question remains ... two marriages with one Ishak and other one with the one Gnanasena - both marriages hav....

High Court Malaya Ipoh

After their marriage, the plaintiff and the defendant lived in one of the defendant's properties at No 48T, Lorong Limau G4/1, Jalan Changkat Jong, 36000 Teluk Intan, Perak ('matrimonial home'). ... [36] As only a validly solemnised marriage will make a woman a wife, an invalid marriage will not. ... In this case, the customary marriage was held after....

the proof of a marriage so contracted arose, were not invalid by reason of the provisions of the Ordinances of 1863 and 1865 being disregarded. ... -The District Court held that the facts proved gave rise to a presumption in favour of Punchihamy, and appears to have been influenced by certain Scotch cases based on Scotch law, under which a mutual agreement to marry was the one essential to a lawful marriage#HL_....

Where parties, after giving notice of marriage under the Marriage-Ordinance of 1907, went through a marriage ceremony according to Hindu custom,- Held, that the marriage was not invalid. In re Vairamuttu commented upon. ... C. 56.] where it was held that after notice of marriage under the Marriage Ordinance had been given there ....

As regards the last one, it was contended that it was invalid because at the time he made that promise he was a married man. ... D. 137] where Sutton J. held that an action for breach of promise cannot be founded on a promise made by a man who was already married. The reason is that as marriage was not possible between the parties, an action cannot therefore be based on the contract to marry. ... Such an action was; #HL_S....

2020 0 Supreme(Cal) 386

-When consent to a marriage has been obtained by force or fraud, the marriage is invalid unless it is ratified (e). Where consent to the marriage has not been obtained, consummation against the will of the woman will not validate the marriage (f)."

2019 1 Supreme 625

An invalid marriage (fasid marriage) is described as one which is not unlawful in itself, but unlawful “for something else”, as here the prohibition is temporary or relative, or when the invalidity arises from an accidental circumstance such as the absence of a witness. § 204A(3) at page 165 of the 6th edition of Mulla reads: “…Thus the following marriages are invalid, namely- (a) a marriage contracted without witnesses, (ss. 1961-97); (b) a marriage by a person having four w....

2018 0 Supreme(Tri) 205

If one marriage is held valid, which one is liable to be termed as invalid marriage? 7. The question therefore arises whether the marriage between Bilashmani Hrishidas with Narayan Hrishidas or the marriage between Dipali Hrishidas and Narayan Hrishidas is valid one.

2013 0 Supreme(Ori) 240

Therefore, he failed to establish the plea that by false representation and fraud, he had been given in marriage with respondent-wife. Under such circumstances, the marriage could not be held invalid or void. However, the court below taking into consideration the fact that the wife was operated on 11.1.2003 and after her discharge from nursing home, when her in-laws sought to bring her back to the matrimonial house, her father refused to send her with a plea that the doctor a....

2007 0 Supreme(Ker) 479

An invalid marriage (fasid marriage) is one which is not lawful in itself but unlawful "for something else" as where the prohibition is temporary or relative or when the invalidity arises from an accidental circumstance such as absence of witness. Thus a marriage with a man prohibited by reason of consanguinity (as provided in para 201) or affinity (as provided in para 202) or fosterage (as provided in para 203) is void as prohibition against marriage with such woman is perpe....