Topic

Marriage validity

6 articlesLatest 3 weeks ago
Section 87 BNSS | Allahabad HC Directs Police Protection for Married Couple Pending Investigation, Bars Coercive Action : Allahabad HC
Case Law Analysis
|Allahabad High Court

Section 87 BNSS | Allahabad HC Directs Police Protection for Married Couple Pending Investigation, Bars Coercive Action : Allahabad HC

Allahabad High Court reinforces the right to life and liberty under Article 21 by directing police protection for a married couple facing harassment, while mandating cooperation in the investigation under Section 87 BNSS. The court barred coercive action until statements are recorded, balancing individual rights with procedural fairness.

Section 125 CrPC | Marriage Not Automatically Void Due to Premature Birth; Maintenance Enforceable Until Judicial Declaration : MP HC
Case Law Analysis
|Madhya Pradesh High Court

Section 125 CrPC | Marriage Not Automatically Void Due to Premature Birth; Maintenance Enforceable Until Judicial Declaration : MP HC

Madhya Pradesh High Court rules that a marriage remains valid for maintenance purposes under Section 125 CrPC unless judicially declared void, even if a child is born within four months of marriage. The court upheld maintenance for the wife, emphasizing that the husband's failure to seek annulment preserves the marriage's legal standing.

Indian Succession Act, 1925 Section 372 | Voidable Marriage Without Annulment Does Not Bar Succession Certificate, But Burden of Proof Lies on Claimant : Gauhati HC
Case Law Analysis
|Gauhati High Court

Indian Succession Act, 1925 Section 372 | Voidable Marriage Without Annulment Does Not Bar Succession Certificate, But Burden of Proof Lies on Claimant : Gauhati HC

The Gauhati High Court ruled that a marriage contracted with a minor remains valid unless annulled, but the claimant must prove the marriage’s validity to claim succession rights under the Indian Succession Act. Failure to establish prior marriage-regardless of minor status at union-disqualifies inheritance claims, reinforcing that succession certificates hinge on documented marital legitimacy, not mere cohabitation.