The marriage of “H” a Hindu unmarried aged 21 years with the widow of his brother “W” aged 19 years,…
Section 3(g)(iii) of the Hindu Marriage Act, 1955 places two persons within the degrees of prohibited relationship "if one was the wife of the brother" of the other. A…
Choose your answer
The marriage of “H” a Hindu unmarried aged 21 years with the widow of his brother “W” aged 19 years, under the Hindu Marriage Act, 1955 is
Answer and explanation
Correct answer A
Section 3(g)(iii) of the Hindu Marriage Act, 1955 places two persons within the degrees of prohibited relationship "if one was the wife of the brother" of the other. A marriage within the prohibited degrees contravenes section 5(iv) and is void under section 11, unless a custom governing both parties permits it.
The ages of 21 and 19 satisfy section 5(iii), so age is not the problem; nothing in the facts suggests a permitting custom, so the marriage is void, not voidable.
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