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...shown to be 20 years of age, i.e., about one year below the marriageable age for males in terms of Section 5 of the Hindu Marriage Act, 1955 and ...protection shall not be taken to be any bar on proceedings under Section 3 of the Prohibition of Child Marriage Act...Child Marriage Act, 2006, obviously, if any such marriage has been performed, or even otherwise as regards protection of life and liberty, such life and liberty is bound to be protected it being...
...though petitioner No.2 is shown to be 20 years of age, i.e., about one year below the marriageable age for males in terms of Section 5 of the Hindu Marriage Act...Section 3 of the Prohibition of Child Marriage Act, 2006, if found to be maintainable in view of the dis...Prohibition of Child Marriage Act, 2006, obviously, if any such marriage has been performed, or even otherwise as regards protection of life and liberty, such life and liberty is bound to be...
...Section 5 of the Hindu Marriage Act, 1955 and alternatively to Section 12(1)(c) of the...the Hindu Marriage Act, 1955. Undisputedly, petition was presented on the ground that at the time of marriage..., petitioner's husband was a Christian. If that be so, having regard to the provisions of Section 2, the Hindu Marriage Act...
...thereafter married another woman, Suman Prajapati and this marriage being voidable under Section 5 of the Hindu Marriage Act, 1955 and Section 3 of Pro...-law of the appellant).
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3. The case of the appellant is that she was born in a Hindu family and was married...Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code.
(3) Where the uncontroverted allega...
...dissolution of her marriage under Section 13(1) of the Hindu Marriage Act, 1955. Therefore, the alleged marriage between the petitioner and the respondent is void as per...petition in H.M.O.P.No.104 of 2019 before the learned Principal Subordinate Judge, Dindigul under the provisions of the Hindu Marriage Act, 1955 seeking the relief of restitution ..., then, filed a complaint under Section 156(3) Cr.P.C. before the learned Judicial Magistrate No.II, Dindigul in Crl.M.P.No.6771 of 2019. The learned Magistrate directed the Police to conduct a...
...no legal and valid marriage of defendant no. 3 with Inder Singh. Alleged marriage of defendant no. 3 with Inder Singh is, therefore, null and void ab initio in view of ...short - the Act). Alleged marriage of defendant no. 3 with Inder Singh being...appreciation of legal position in view of Section 5 read with Section 11 of the Act.For the reasons aforesaid, I find no merit in this second app...
....
3. Under Section 5 of the Hindu Marriage Act, 1955 one of the neces...U.P. Hindu Marriage Act, 1955 and, therefore, the rights of the parties will be governed by the provisions of the said Act. Appellant No. 1 while filing an appl...neither party has a spouse living at the time of marriage. The marriage of appellant No. 1 with Charan Das is said to have been performed sometime in 1965, is after coming into force of...
.... Surinder Gandhi, learned counsel for husband-appellant has argued that he was minor on 14.2.2007 when the Kareva marriage alleged to have taken place. As per sub Section 3 of Section 5 ...validity of marriage, as per the provisions of Sections 5 and 7 of the Act is also entirely different than the question of granting the benefit of ...Section 7 of the Act, a marriage may be solemnized in accordance with the customary rites and ceremonies of either party, where such rites and ceremonies include taking of seven steps by the bride...
...required under Section 13 of the Hindu Marriage Act, 1955; therefore, the petition was dismissed.
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...passed by the Senior Civil Judge & JMFC., at Arsikere dismissing his petition filed under Section 13 of Hindu Marriage Act, 1955.
2. The case of the ....,
HIRIYUR
CHITHRADURGA ... RESPONDENT
THIS MFA FILED U/S 28 OF HINDU MARRIAGE ACT,
AGAINST THE JUDGMENT AND DECREE DATED...
...obligation to proof the fact that she was legally wedded wife of Barnu and marriage has been solemnized as per Sections 5 & 7 of the Hindu Marriage Act, 1955 (in short ‘the ...) of section 5.17. As per Section 11 of the Act of 1955, marriage between parties below the age of 18 & 15 years are not void marriage....Hindu Marriage Act, 1955. They have specifically denied the share and claim of respondent No. 1, they have also pleaded th...
...case, respondent No. 1 was under obligation to proof the fact that she was legally wedded wife of Barnu and marriage has been solemnized as per sections 5 & 7 of the hindu marriage ...[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.
18. As per ...her age was probably 12-13 years and was minor.
15. As per Sub-section 3 of Section 5 of the Act of 1955 for marriage between Hindus bridegroo...
...adjudication of the dispute as to age of petitioner No.1. In any case the marriage of the petitioners being violative of Section 5(3) of the Hindu ...Section 5(iii) of the Hindu Marriage Act, 1955 the same is voidable and not void. Even if, their marriage is held to be not proved or void, petitioners are living together out ...mandamus for directing respondents No.1 to 3 to protect their life and liberty from harm at the hands of respondents No.4 and 5. Briefly stated the petition has been filed on the averments that the...
...of relief sought, the question of validity of marriage of the petitioners is not required to be adjudicated upon in the present case. In any case, under Section 3 of the Prohibit...about 18 and 20 years respectively, have approached this Court seeking protection of their life and liberty on the averments that the petitioners performed marriage on 29.01.2021 at Gurudwara Baba Deep...have performed marriage with petitioner No.1 in accordance with Sikh rites and ceremonies although he has not attained the CRWP-1027-2021 -2- minimum marriageable age of 21 years. In view of the nature...
...marriage was held in contravention of the age limits as per section 5(3) of the Hindu Marriage Act, 1955, the same also cannot plainl...provisions of section 5(3) of the Hindu Marriage Act, 1955, yet, the marriage in contravention of the age limits can neither...appearing for the petitioner husband drawing my attention to the provisions of section 6 of the Hindu Marriage and Guardianship Act, 1956 specially section 6 of...
...respondent-husband under Section 9 of the Hindu Marriage Act, 1955 read with Sections 7 and 10 of the Family Courts Act, 1984, titled "Pratham Kalia vs. Akshita Sharma...following conditions:-
a) The petition bearing No. DMC-120 of 2022 filed by respondent-husband under Section 9 of the Hindu Marriage
3 ...clear all arrears of maintenance amount, if any, in terms of any petition filed by the petitioner either under Section 125 Cr.P.C. or Section 12 of the Domestic Violence Act or Section 24...
...:-
"2. Whether the findings of learned court below on issue no.1 are vitiated on account of the provisions of Section 5(1) of the ...specified in Section 3(a) of the Hindu Marriage Act, 1955?
4. Whether the learned Court below have mis interpreted and mis construed t...jurisdiction to try the present suit, as alleged? ...OPD.
5. Whether the plaintiff has no cause of action to file the present suit, as alleged? ...OPD...
...Section 5(i) of the Hindu Marriage Act 1955. The Family Court dismissed her application....photocopy of the certificate of respondent's earlier marriage. Section 20 of the Family Courts Act, 1984 provides...pleaded and Ext. A2, being only a photostat copy, cannot be acted upon.5. Appellant, as PW 1, spoke about her information as to the previous marriage of the respondent Her testimony is...
...under section 13-B of Hindu Marriage Act, 1955 before the Family Court at Nagpur, on 3-5-2007. O...13-B(2) of the Hindu Marriage Act and for passing the decree by mutual consent. The learned Family Court rejected the said application.5. Arguments:6. Mr. Kasat...and the marriage solemnized between Sonali w/o Manishkumar Chandak and Manishkumar s/o Jugalkishor Chandak on 31-5-2001 is dissolved by a decree under section 13B(2) of the Hindu...
...Hindu rites and ceremonies although he has not attained the minimum marriagable age of 21 years. In view of the nature of relief sought, the question of validity of marriage of t...made in the petition, the petitioners have also enclosed photographs taken at the time of their marriage. Notice of motion restricted to respondents No.1 to 3 only. Pursuant to supply of advance copy..., claiming themselves to be aged about 21 and 20 years respectively, have approached this Court seeking protection of their life and liberty on the averments that the petitioners performed marriage on...
..., AIR 2012 Mad 62 was examining provisions of Section 5 of Hindu Marriage Act, 1955 and Section 3...mandate of Section 5(iii) of the Hindu Marriage Act, 1955 vide which the parties were required to fulfill the basic condition of the said Section.
...the statement of such a minor that she had contracted the marriage on her own. While referring to Sections 5(iii), 11 and 12 of Hindu Marriage Act, 1955 and Sections 2 and ...