Case Law of Hindu Marriage Act

Case Law of Hindu Marriage Act

*Hindu Marriage Act, 1955, S.8* - Registration of marriage - Marriage between a Muslim and a Hindu - Marriage Officer is not competent to register such a marriage - Registration of such a marriage is per se illegal and does not give any marital status to the parties - Even otherwise, in absence of any claim and allegation by any party relating to solemnization of marriage in accordance with the Hindu law, the marriage certificate issued by the Marriage Officer does not confer any right upon the parties relating to their marital status.
2011(2) Civil Court Cases 0717 (Chhattisgarh) (DB)

*Hindu Marriage Act, 1955, S.8* - Registration of marriage - Marriage certificate - Marriage certificate issued by the Marriage Officer does not confer any right upon the parties relating to their marital status - Marriage certificate otherwise issued by the competent authority only proves pre-existence of marriage between the spouses - However, issuance of certificate itself is not solemnization or performance of marriage between the spouses.
2011(2) Civil Court Cases 0717 (Chhattisgarh) (DB)

*Hindu Marriage Act, 1955, S.8* - Registration of marriage - Purpose of registration of marriage is only to give a prima facie indication to accord evidence of marriage and not validity of such marriage - Validity of marriage depends upon personal law applicable, if parties get married in accordance with personal law or depend upon secular laws that is applicable to such marriage.
2018(Suppl.) Civil Court Cases 138 (Kerala)

*Hindu Marriage Act, 1955, S.8* - Registration of marriage - Registrar needs to have a prima facie view that marriage has taken place in accordance with personal law applicable to parties - Once such a satisfaction is entered by Registrar, Registrar is bound to register such marriage, notwithstanding that he had entertained a doubt regarding competency or capacity of persons to contract or solemnize such marriage in accordance with law applicable.
2018(Suppl.) Civil Court Cases 138 (Kerala)

*Hindu Marriage Act, 1955, S.8* - Registration of marriage - When a person declares that he is converted to Hindu, that would be sufficient for public authorities to act - There is not formal ceremony of expiation necessary to effectuate a conversion to Hinduism - In the absence of any particular mode prescribed for conversion as a Hindu without there being any mala fides that can be pointed out, pubic authority cannot refuse to act upon such request.
2018(Suppl.) Civil Court Cases 138 (Kerala)

*Hindu Marriage Act, 1955, S.8* - Right to challenge transaction as being violative Section 8 of the Hindu Minority and Guardianship Act arises only after the minor attains majority and not before.
1994(2) Civil Court Cases 362 (Bombay)

*Hindu Marriage Act, 1955, S.8* - Sale in contravention of sub-sec.1 or sub-sec.2 is voidable at the instance of minor - Minor not challenging sale within three years from attaining majority - Has no right to ignore the sale as void.
1997(1) Civil Court Cases 590 (S.C.)

*Hindu Marriage Act, 1955, S.8* - Sale of minor's property - Sale effected without the permission of Court - Sale deed executed by mother and attested by father - The sale cannot be held to be a sale by a natural guardian satisfying the requirement of a natural guardian satisfying the requirements of S.8 - Sale is void.
1993 (Suppl.) Civil Court Cases 76 (S.C.)

*Hindu Marriage Act, 1955, S.8* - Sale of minor's property by mother - Permission of Court not obtained for sale - Father attested the sale deed executed by mother - No evidence adduced to show that alienation was made for the legal necessity or benefit of he minors - Sale effected by mother is void - Father is the natural guardian of minor children unless they are under the care of mother to his exclusion - Attestation made by father does not make the sale voidable - Sale effected by mother even though father attested the sale deed cannot be held to be a sale by father and natural guardian satisfying requirements of S.8.
1993 Civil Court Cases 659 (S.C.)

*Hindu Marriage Act, 1955, S.8* - Sale of minor's share in Joint Family Property - Previous permission of Court - Arises only for alienating minor's separate property and not his interest in Joint Family Property - Father validly alienated minor's interest in Joint Family Property for discharging debts incurred to meet litigation expenses and decree debts.
1999(1) Civil Court Cases 607 (A.P.)

*Hindu Marriage Act, 1955, S.8* - Settlement of half of property in favour of his minor son with absolute rights and the other half in favour of his wife for her life with vested remained to son - Property acquired by son is his self-acquired property and not joint family property - Alienation of such property of minor son by his natural guardian mother - Permission of Court is mandatory - Property sold by mother for discharge of antecedent debts without permission of Court voidable at the instance of minor son - Suit filed by minor for possession of his share of property sold decreed subject to payment of sale consideration received to vendee with interest - Obligation of alienee is not to see that every pie goes towards discharge of antecedent debt only - It is enough if he made enquiries before purchase about necessity for sale of property.
1997 (Suppl.) Civil Court Cases 698 (A.P.)

*Hindu Marriage Act, 1955, S.8* - Where HUF property is sold by the Karta involving an undivided interest of the minor in the said property, the provisions of S.8 of the Act are not applicable in view of express terms of Ss.6 and 12 of the Act.
1996(1) Civil Court Cases 716 (S.C.)

*Hindu Marriage Act, 1955, S.8, Evidence Act, 1872, Ss.74, 65, 114* - Marriage certificate - Certified copy - Public document within meaning of S.74 Evidence Act - Certified copies are admissible as secondary evidence - It carries presumption u/s 114(e) Evidence Act.
2012(2) Civil Court Cases 639 (Madras) (DB)

*Hindu Marriage Act, 1955, S.8, Guardian and Wards Act, S.29* - Hindu Joint Family Property - Agreement to sell executed by father acting for himself and as natural guardian of his minor sons in respect of Hindu Joint Family Property - Such an alienation not altogether prohibited under law but only voidable - Minor sons after attaining majority not taken steps to avoid the sale - Such a plea not taken in trial Court or first appellate Court - It is not a legal plea to be allowed to be raised at the stage of second appeal.
1999(1) Civil Court Cases 76 (A.P.)

*Hindu Marriage Act, 1955, S.8, Special Marriage Act, 1954, S.15* - Marriage - Registration - One of the spouse less than 21 years of age - Marriage can be registered after both spouses attain age of 21 years - Registration of marriage cannot be refused on the ground that they had solemnized their marriage when one of the spouse was less than 21 years of age.
2008(3) Civil Court Cases 545 (P&H) (DB)

*Hindu Marriage Act, 1955, S.8, Tamil Nadu Registration of Marriages Act, 2009* - Registration of marriage - No registration of marriage can be done, without physical presence of parties to marriage before registrar, except under special circumstances after recording the reasons.
2015(3) Civil Court Cases 213 (Madras) (DB)