hindu law void marriages
TRANSCRIPT
“VOID MARRIAGES”- WITH
RESPECT TO THE HINDU
MARRIAGE ACT 1955.
By,
MOHAMMED HAROON RASHEED
B.A.LL.B (Hons.), [BSW] & [LLM]
Advocate
Email ID: [email protected]
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(c)2013 MD HAROON RASHEED, ADVOCATE
THE CONCEPT OF MARRIAGE WITH RESPECT
TO HINDU LAW.
It is a holy sanskar (sacrament) .
“conjunctic martitet peminae est de nature”
- To keep husband and wife together is the law of the
nature.
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(c)2013 MD HAROON RASHEED, ADVOCATE
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(c)2013 MD HAROON RASHEED, ADVOCATE
WHAT ARE “VOID MARRIAGES”?
Section 11 of The Hindu Marriage Act 1955.
• if any marriage contravenes:
Section 5 sub-clause (i);
Section 5 sub-clause (iv);
& Section 5 sub-clause (v);
Respectively.
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(c)2013 MD HAROON RASHEED, ADVOCATE
THE CONDITIONS NOT TO BE CONTRAVENED …..
Section 5 sub-clause (i);
- “neither party has a spouse living at the time of the
marriage;”
Here, the expression ‘spouse’ is used meaning a
lawfully married husband or wife. – Parkash
Chander v Parmeshwari AIR 1987 P&H 37;
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Section 5 sub-clause (v);
“the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two.”
- it is observed in the case of Arun Navalkar v MeenaNavalkar AIR 2006 Bom 342 that, ‘when sapindaship is a specific ground for violability of marriage, the absence of a custom permitting such marriage, the absence of a custom permitting such a marriage will make the marriage void.’
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(c)2013 MD HAROON RASHEED, ADVOCATE
Section 5 sub-clause (iv);
- “the parties are not within the degrees of prohibited
relationship, unless the custom or usage governing
each of them permits of a marriage between the
two;” – Shakuntala Devi v Amar Nath AIR 1982
P&H 221.
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With reference to section 3 (g) of the same act.
“Degrees of Prohibited Relationship”
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Void Marriage (Section 11) : Any marriage solemnized at the commencement of this Act shall be null and void and may, on a petition presented by either party thereto against the other party be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v) of Section 5. Thus a marriage will be void ab initio–i) if any party to marriage has a spouse living at the time of marriage [Section 5(i)];
ii) if the parties are within the decree of prohibited relationship unless the custom or usage governing each of them permits such a marriage [Section 5 (iv)];
iii) if the parties are sapindas of each other, unless the custom or usage governing each of them permits such a marriage [Section 5(v)]. Section 11 is not applicable to marriage solemnized before the commencement of the Hindu Marriage Act 1955, i.e. before 18th May 1955 though such marriage may be void.
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(c)2013 MD HAROON RASHEED, ADVOCATE
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