Hindu Marriage Act, 1955, Section 13B, 28, 23(1)(bb), 13B -- Divorce by mutual consent - Appeal against decree - Appeal is maintainable, if consent is obtained by force, fraud or undue influence...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Petition can be filed through power of attorney holder - Moreover, Court not to insist upon presence of parties before Court and to arrange for the consent terms to be recorded either through skype or adopting any other technology and the proceedings contemplated u/s 13-B of the Hindu Marriage Act in the..........
Hindu Marriage Act, 1955, Section 16(1), (2) -- Legitimacy of children - Solemnization of marriage of parents is sine qua non for claiming benefit of deemed legitimacy u/s 16(1) or (2) of the Act...........
Hindu Marriage Act, 1955, Section 7 -- Customary marriage - Mere long cohabitation and entry in ration card and other documents executed in favour of appellant without proving performance of marriage conducted after customary rites of parties, execution of a valid marriage cannot be presumed...........
Hindu Marriage Act, 1955, Section 7 -- Customary marriage - Details of customary ceremonies or manner in which ceremony was performed not spoken by appellant - Appellants failed to plead and prove essentials of a valid customary marriage - Customary marriage of appellant and deceased not proved - Appellants thus, not entitled to get pensionary benefits of deceased...........
Hindu Marriage Act, 1955, Section 7 -- Valid marriage - In the absence of performance of essential ceremonies of marriage especially the ceremony of Saptapadi, registration of marriage under Hindu Marriage Act or Special Marriage Act is of no consequence - When factum of marriage is disputed, then registration of marriage under Hindu Marriage Act or Special Marriage Act..........
Hindu Marriage Act, 1955, Section 7 -- Valid marriage - To establish factum of marriage it is required to show that essential ceremonies of marriage of two Hindus including Saptapadi ceremony was duly performed...........
Hindu Marriage Act, 1955, Section 12, 7 -- Annulment of marriage - Factum of marriage disputed by wife - Husband unable to establish performance of ceremonies of marriage especially ceremony of Saptapadi - Neither photographs relied upon by husband proved, nor there is any testimony of Priest who allegedly performed ceremonies of marriage - Marriage Registration..........
Hindu Marriage Act, 1955, Section 5, 7 -- Marriage - Validity - If one of parties is not a Hindu, merely because marriage ceremony had been conducted in accordance with Hindu religious rites, cannot validate such marriage under Hindu Marriage Act...........
Hindu Marriage Act, 1955, Section 8 -- Registration of marriage - Marriage between a Hindu and Foreign national - Foreign national converted to Hindu religion after undergoing sacred ceremonies - No dispute that parties underwent ceremonies and rituals in accordance with Hindu Marriage Act for performing marriage - Registrar ought to have registered marriage - He need not..........
