Invalid solemnization of Hindu marriage
Ranganath
(Querist) 16 May 2009
This query is : Resolved
Ld counsels,
Is there any ruling of Apex court that invalidates the solemnization of Hindu marriage even after marriage registration and evidence of mandatory Sapthpadi ritual.
Are there any other ground to invalidate the solemnization.
Please clarify.
Swami Sadashiva Brahmendra Sar
(Expert) 17 May 2009
marriage can be invalidated if it is prooved that other conditions for valid marriage were not fulfilled e.g. consent was taken by fraud or parties to marriage are within prohibited degrees of relations...
M. PIRAVI PERUMAL
(Expert) 17 May 2009
I agree with Mr. Tripathi. I had filed a suit for declaring the marriage registration as null and void and got a favourable decree and judgement and I relied upon the judgement of the Hon'ble Justice M. Srinivasan of Madras High Court reported in 1992 Law Weekly.
Somnath mukherjee
(Expert) 18 May 2009
I agree with Tripathi but Iwant to add you that if the marriage was duly consumated it can be annuled.
Somnath mukherjee
(Expert) 18 May 2009
Iwant to change my previous answer that a not should be includedbetween marriage and was.
SANJAY DIXIT
(Expert) 20 May 2009
In contradiction to conditions laid in s.5 of HMAct, the marriage can be declared as null and void / voidable , even after the registration.
You have not disclosed the grounds for invalidity of marriage, time pd from the marriage so it is not possible to provide a judgment for your proper need.
