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Legitimacy of children of void and voidable marriages. Notwithstanding that a marriage is null and void under section ... decree of nullity is granted in respect of a voidable marriage under section 12, any child begotten or conceived before
Central Government Act
commencement of this Act. It
provides that a voidable marriage may be annulled by a decree of
nullity ... Important at this place to note is that a voidable marriage can be
annulled by a decree of nullity only
Allahabad High Court
Section 5 mentioned in
Section 12 (1) renders the marriage voidable and if the requirements of
one or the other ... consent of the guardian that renders the
marriage voidable, but it is only when the consent of the guardian
Andhra High Court
only serves to put that fact on record. A voidable
marriage may also be annulled by a decree of nullity ... However, the distinction between a void and a voidable marriage is well
known. A voidable marriage is valid marriage until
Calcutta High Court
Hindu Marriage Act speaks of a voidable marriage which reads as follows:-
(1) Any marriage solemnized, whether before or after ... voidable marriage as provided in Section 12 of the Act is concerned , the said marriage may be annulled
Madras High Court
minor girl would neither be void nor voidable under the Hindu
Marriage Act, 1955 (hereinafter referred ... section
5."
xxxxx xxxxx xxxxx
12. Voidable marriages.-(1) Any marriage
solemnised, whether before or after the commencement
of this
Delhi High Court
Law Commission Report Hindu Marriage Aci, 1955 A And Special Marriage Act, 1954. March, 1974
Law Commission Report
voidable marriages as distinguished from void marriages. A voidable
marriage remains valid and binding and continues to subsist ... such
penalty for the parties to a voidable marriage. Of course, both
Sections 11 and 12 speak of a decree
Allahabad High Court
grant of a decree of nullity of a voidable
marriage can be filed only within one year from the date ... provision in respect of voidable marriage
and contains grounds on which a marriage can be annulled by a decree
Madhya Pradesh High Court
marriage of the respondent with the appellant is a voidable
marriage under Section 12 of the Marriage ... either by the appellant or respondent to
annul that voidable marriage, it remains valid and continues to
subsist
Andhra High Court
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