AI Overview...
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Petition for Nullity of Marriage - Courts in India have the authority to declare a marriage null and void under various statutes such as the Indian Divorce Act, Indian Christian Marriage Act, and Hindu Marriage Act. Section 7 of the Indian Divorce Act, 1869, allows courts to declare marriage void if it violates statutory provisions, and Section 18 specifically grants a right to either spouse to petition for nullity, especially in cases of fraud, force, or other grounds Mariasoosai VS Clara Mary - Madras, Mariasoosai VS Clara Mary - Madras, Shaik Mahammad Rafi VS Grandhi Poorna Seetha Manoja - Andhra Pradesh.
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Grounds for Nullity and Relief - Common grounds include underage marriage, fraud, coercion, and non-compliance with legal formalities. The family courts have wide powers to grant relief, including declaring marriages null and void, and can also provide relief in divorce proceedings based on these grounds HARENDRA NATH BURMAN VS SUPROVA BURMAN - Calcutta, K. Shanmugha Raja @ Raja VS Shanthakumari - Madras, Shaik Mahammad Rafi VS Grandhi Poorna Seetha Manoja - Andhra Pradesh.
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Moulding Relief and Legal Procedure - Courts may mould relief appropriately, considering the circumstances of each case, such as delay in filing petitions or specific legal provisions. The courts have emphasized the importance of timely filing and the procedural aspects to seek nullity or divorce Ippan & two Ors. VS State of Uttar Pradesh - Crimes, KANKU D/o DHULABHAI DAHYABHAI VS KHRISTI SHANABHAI FULABHAI - Gujarat.
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Specific Cases and Jurisdiction - Judicial decisions have upheld petitions for nullity based on statutory grounds, including cases involving fraudulent marriages, non-compliance with legal age requirements, and other statutory violations. The courts also recognize the significance of evidence and procedural timelines in granting such relief Praveen Choube and three others VS State of M. P. - Madhya Pradesh, Padullaparthi Mutyala Paradesi VS Padullaparthi Subbalakshmi - Andhra Pradesh.
Analysis and Conclusion
In summary, petitioning for marriage nullity is a recognized legal remedy in India, enabled by various statutes such as the Indian Divorce Act. Courts have broad powers to declare marriages null and void based on statutory grounds like fraud, coercion, or statutory violations. Relief can be moulded according to the facts of each case, with procedural adherence being crucial. The legal framework supports timely and appropriate petitions for nullity, which can serve as a mould relief for divorce, ensuring justice in cases of invalid marriages.
Search Results for "Petition for Declare Marriage as Decree Nullity Mould Relief for Divorce"
1994 0 Supreme(Mad) 652 • India - Madras
SRINIVASAN, RAJU, A.R.LAKSHMANAN
There is no express provision in the Indian Divorce Act which prohibits a decree of nullity of marriage on a statutory ground enacted ... 7 of the Indian Divorce Act, 1869, enabled the Court to declare a marriage void if it offended the provisions of Sections 4 and ... Whether Section 7 of the Indian Divorce Act enabled the Court to declare a marriage void as it offended the provisions of Sections ... Section 18 on....
1988 0 Supreme(Cal) 273 • India - Calcutta
A.M.BHATTACHARJEE, BABOO LALL JAIN
The court allowed the appeal, set aside the judgment and decree of the trial court, and decreed the petition of divorce filed by ... PETITION - SECTION 34(1)(E) - NOT A BAR TO NULLITY PETITION - UNDERAGE MARRIAGE - SECTION 4(C), 24 - NULL AND VOID - ESTOPPEL - ... Delay in filing a petition for divorce or other matrimonial reliefs under Section 34(1)(e) of the Special Marriage Ac....
1994 0 Supreme(Mad) 655 • India - Madras
A.R.LAKSHMANAN, SRINIVASAN
the provisions of section 5 of the Act marriage not saleminised-Petition filed for diclareation of marriage as null and void-Decree ... Indian Christian Marriage Act-1872-Sections 4 and 5-Indian Divorce Act (IV of 1869-Sections 10, 17, 18 and 20-In accordance with ... Section 18 only gives a right to a husband or a wife to present a petition for a decree for nullity of marriage. That section unlike S. 10, does not ....
• India - Crimes
K.N.OJHA
position of law is clear that if civil suit is already pending and the competent court is seized of the matter, any appropriate relief ... years together order of status quo continues and no specific order about the possession is passed on any application for interim relief ... A petition for a declaration of nullity of marriage was filed in 1980 on grounds of cruelty. A decree for judicial separation was obtained under the Divorce Act, 1869. And the prayer for #HL_ST....
1963 0 Supreme(Guj) 55 • India - Gujarat
N.M.MIABHOY, M.R.MODY, A.R.BAKSHI
Kaira at Nadiad in Divorce Suit on by which learned Judge has declared marriage between the petitioner and the respondent null and ... of marriage – Criminal jurisdiction – Marriage dissolution – Mutual consent – A decree has been passed by learned District Judge ... 4, 18, 19, 7, 8 –Matrimonial Causes Act 1950 – Section 8 – Indian Divorce Act – Section 4, 20, 10 – Fraud – Conjugal rights – Nullity ... and to grant a decree for #HL_....
2018 0 Supreme(Mad) 4446 • India - Madras
R.SUBBIAH, C.SARAVANAN
Special Marriage Act – Section 5 to 13,18,25,27 - Indian Christian Marriage Act, 1892 - Section 4,10,11 - Divorce Act, 1869 – Section ... or a negative relief. ... Therefore, the appellant filed the Original Petition for dissolution of marriage on the grounds of desertion, cruelty and conversion ... The powers vested in the Family Court for granting a relief of a decree of nullity in respect of any marriage is wide....
2011 0 Supreme(MP) 1244 • India - Madhya Pradesh
U.C.MAHESHWARI
The complaint alleged demand of dowry, fraudulent marriage, and administering poison to the respondent. ... court found that prima facie evidence existed for framing charges under IPC Section 420 based on the allegations of fraudulent marriage ... facie evidence for framing charges under IPC Section 420 and Dowry Prohibition Act Section 3/4, legal implications of fraudulent marriage ... It is apparent from the facts of the case at hand that neither the applicant No. 1 nor the respondent No. 2 had filed any such petition ....
2021 1 Supreme 139 • India - Supreme Court
D. Y. CHANDRACHUD, INDU MALHOTRA, INDIRA BANERJEE
action would ensure that common intent of Senior Citizens Act 2007 and PWDV Act 2005- of ensuring speedy relief to its protected ... is an equitable ease in obtaining their realization – Section 3 of Senior Citizens Act, 2007 cannot be deployed to over-ride and nullify ... between two groups protected by law, it would be appropriate for Tribunal constituted under Senior Citizens Act 2007 to appropriately mould ... On 5 December 2013, the petition for divorce was allowed by the Trial Judge and the #HL_ST....
2015 0 Supreme(AP) 909 • India - Andhra Pradesh
R.SUBHASH REDDY, B.SIVA SANKARA RAO
Grandhi Poorna Seetha Manoja under Section 12 of Act, 1955 to declare her marriage performed with the respondent therein-cum-appellant ... Act, that too for having not been filed petition within one year from the date of the marriage on the ground of alleged force and ... Family and Personal Law – Hindu Marriage Act, 1955 – Sections 12 and 28 – Aggrieved by the order and decree ... Act, the same as a ground, divorce relief can be entitled, even taken for arguments sak....
1961 0 Supreme(AP) 113 • India - Andhra Pradesh
MUNI KANNIAH, BASI REDDY
Final Decision: The court dismissed the revision petition and upheld the conviction of the petitioner under section 494 of ... The court relied on the evidence of witnesses who testified to the solemnization of the second marriage, as well as the presumption ... The court relied on the evidence of witnesses who testified to the solemnization of the second marriage, as well as the presumption ... petition presented by either party thereto, be so declared by a #HL_STAR....
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