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Supreme court holds that Hindu Marriage is Invalid If*

Published on August 20, 2024
Published by Dheeraj Kumar
Viewed by 10 people
#437247
Legal Services
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Description of item


Facts: The present transfer petition is filed under Section 25 of the Code of Civil Procedure, 1908 (for short, “CPC”) by the petitioner-wife seeking the following reliefs:

“To transfer the divorce petition under Section 13(l)(ia) of the Hindu Marriage Act, 1955 bearing Matrimonial Case No. 82/2023 titled “Manish Kumar v/s Doly Singh” pending before the Court of Principal Judge, Family Court, Muzaffarpur, Bihar to the Court of Principal Judge, Family Court, Ranchi Jharkhand; and
Pass such other and further orders and/ or directions as deemed just and proper by this Hon’ble Court in the facts and circumstances of the case.”
Issue: Whether the present transfer petition is maintainable in the case or not?

Arguments on behalf of counsel for petitioner:

Learned counsel for the petitioner submitted that the respondent has filed a Matrimonial Case No.82/2023 under Section 13(1)(ia) of the Act seeking a decree of divorce as against the petitioner herein whereas there being no marriage between the parties in the eyes of the law, the respondent could not have sought for by the said decree.

The Current Legal Status of Prenuptial Agreements in India

In India, marriage is predominantly governed by personal laws based on religion, such as Hindu Marriage Act, Muslim Personal Law, Christian Marriage Act, and the Parsi Marriage and Divorce Act. These laws do not explicitly recognize prenuptial agreements. The Indian Contract Act, 1872, which governs contracts in India, does not provide specific provisions for prenups. Consequently, prenuptial agreements are not legally enforceable in Indian courts. The primary reasons for the non-recognition of prenups in India include.

Location

Country
India
Region
Delhi
City
Delhi
Address
Safdarjung Enclave New Delhi

Other information

Contact Number: 9355999105
Contact Email: seonbacklinks@gmail.com
Website: https://xpertslegal.com/lawyers-directory/india/matrimonial/

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