Under the Hindu Marriage Act, 1955, can a suit lie in the Civil Court for obtaining the decree for…
Although a petition for annulment under the Hindu Marriage Act is personal to the spouses and abates on death, a person affected by a void marriage may still bring an…
Choose your answer
Under the Hindu Marriage Act, 1955, can a suit lie in the Civil Court for obtaining the decree for annulment of a Hindu marriage after the death of the spouses?
Answer and explanation
Correct answer B
Although a petition for annulment under the Hindu Marriage Act is personal to the spouses and abates on death, a person affected by a void marriage may still bring an ordinary civil suit for a declaration that the marriage is a nullity under CPC section 9 read with Specific Relief Act section 34, so such a suit can lie even after both spouses have died.
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