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Supreme Court of India 2017-03-01 remanded

Bhagwati @ Reena vs Anil Choubey

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

A wife challenged the High Court's order declaring her marriage void on the ground that she was below 18 years old at marriage. The Supreme Court held that only a minor spouse has the right to seek annulment of marriage under the Hindu Marriage Act. Since the husband was admittedly major and initiated the annulment, he could not rely solely on the wife's alleged minority. The Court also noted the wife categorically stated she was above 18 at marriage. The case was remanded to the High Court to reconsider the husband's other grounds for annulment (fraud and coercion) afresh.

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Family Law Marriage Hindu Marriage Act, 1955 Child Marriage Voidable Marriage Civil Procedure

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