The condition prescribed under Section 13B(1) of the Hindu Marriage Act is directory and not mandatory, the Court said. In a ruling with far-reaching implications for divorce law, the Delhi High Court held that the requirement of spouses “living sepa...
Read MoreOnce the Court is called upon to declare that there exists a custom contrary to the codified Hindu Marriage Act, the burden of proof is heavy on the party asserting the custom, the Court stressed. The Delhi High Court held that a customary divorce am...
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In order to argue various aspects of the astonishing array of the doctrine which stands a marriage voidable on the ground that the consent of the deceased was obtained with fraud[1], we need to understand the meaning of fraud, its various essentials ...
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Even-though Hindu Marriage Act 1955 (hereinafter to be referred as the Act) doesn’t define the term fraud but the same has been explained in Indian Contract Act which says ‘Fraud’ means and includes any of the following acts committed by a party to a...
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