Hindu Marriage Act, 1955, Section 11, 23(1)(a) -- Second marriage during subsistence of first marriage - Earlier spouse of husband was alive and there was no valid divorce between them - Moreover, appellant had performed the marriage with husband at her own free will - Second marriage of husband was illegal, null and void and he was entitled to decree of declaration by..........
Hindu Marriage Act, 1955, Section 11, 2 -- Nullity of marriage - Husband Parsi and wife Hindu - Provisions of Hindu Marriage Act are applicable when both spouses are Hindus and it does not apply to any party who is a Parsi, Jew, Christian or Muslim - Parsi husband cannot avail the provisions of the Act - It is also necessary that at the time of filing of petition, both the..........
Hindu Marriage Act, 1955, Section 11, 2 -- Nullity of marriage - Husband admitted that he got married to respondent in the year 1999 - Petition was filed before Family Court in 2011 - There is delay of 12 years and in between a baby boy was also born to parties out of said wedlock - No reason is pointed out by husband to show that what compelled him to suddenly realize..........
Civil Procedure Code, 1908, Section 151, Order 22, Rule 4 -- Substitution of legal heirs - Whenever a suit is filed against a dead person who is the sole defendant in suit, the suit would be nullity and legal representatives of said defendant cannot be substituted with the help of O.22.R.4 R/W S.151 CPC...........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 12(1)(a) -- Maintenance - When marriage is annulled or declared null and void due to some mischief or wrong committed by husband, he will have to pay maintenance u/s 125 of Cr.P.C. despite declaration of nullity or annulment of marriage...........
Civil Procedure Code, 1908, Section 151 -- Judgment or order obtained by fraud - Court can recall its own order - (a) Any judgment or order obtained by fraud cannot be said to be a judgment or order in law and such judgment decree or order is nullity and non est in the eye of law and can be challenged even in collateral proceedings; (b) Fraud is an act of deliberate..........
Divorce Act, 1869, Section 10, 19, 18 - - Dissolution of marriage - Lunacy - If a party to marriage is a lunatic or idiot as on date of marriage, other spouse can seek a decree of nullity of marriage - Whereas, such disability or disorder if occurred at a later point of time and remained for not less than 2 years, aggrieved party can file a petition u/s 10 of Act for..........
Hindu Marriage Act, 1955, Section 11, 5, Civil Procedure Code, 1908, Order 7, Rule 11(a)(b) -- Nullity of marriage - Wife seeking declaration of marriage as null and void - Wife Hindu and husband Christian at the time of marriage - Marriage performed as per Hindu rites and rituals - Both of them continued to profess their respective religion till filing of petition -..........
Hindu Marriage Act, 1955, Section 2 -- Nullity of marriage - Wife seeking declaration of marriage as null and void - Wife Hindu and husband Christian at the time of marriage - Marriage performed as per Hindu rites and rituals - Both of them continued to profess their respective religion till filing of petition - To avail remedy under the provisions of Act it is necessary..........
Land Acquisition Act, 1894 - - Ancestral property - Sale deed - Validity of - Suit for declaration that sale deed was nullity as disputed property was ancestral property in hands of vendor and as per custom prevalent in society of respondents sale of such property except for legal necessity was not permitted - Except PW1 respondents not examined any witness from village or..........
