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Supreme Court of India 2017-03-01 remanded

Bhagwati @ Reena vs Anil Choubey

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

The appellant wife challenged the High Court's decision annulling her marriage on the ground that she was a minor at the time of marriage. The Supreme Court held that only a minor spouse has the statutory right to seek annulment on the basis of minority. Since the husband was major when he filed for annulment, he could only do so on grounds of fraud or coercion under Section 12(1)(c) of the Hindu Marriage Act, 1955. The Court found that the High Court erred in focusing solely on the wife's age and ignoring the husband's main ground for annulment—namely, fraud and coercion. The matter was remanded to the High Court for fresh consideration of all grounds properly in accordance with law.

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Family Law Hindu Marriage Act Marriage Annulment Child Marriage Fraud and Coercion Civil Procedure

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