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(2) Where a decree of nullity is granted in respect of a voidable marriage under Section 12, any child begotten or conceived before the decree is made, who would have been the legitimate child of the parties to the marriage if at the date of the decree it had been dissolved instead of being annulled, shall be deemed to be their legitimate child notwithstanding the decree of nullity. | (2) Where a decree of nullity is granted in respect of a voidable marriage under Section 12, any child begotten or conceived before the decree is made, who would have been the legitimate child of the parties to the marriage if at the date of the decree it had been dissolved instead of being annulled, shall be deemed to be their legitimate child notwithstanding the decree of nullity. | ||
(3) Nothing contained in sub-section (1) or sub-section (2) shall be construed as conferring upon any child of a marriage which is null and void or which is annulled by a decree of nullity under Section 12, any rights in or to the property of any person, other than the parents, in any case where, but for the passing of this Act, such child would have been incapable of possessing or acquiring any such rights by reason of his not being the legitimate child of his parents. | |||
17. Punishment of Bigamy.- Any marriage between two Hindus solemnized after the commencement of this Act is void if at the date of such marriage either party had a husband or wife living; and the provisions of Sections 494 and 495 of the Indian Penal Code (45 of 1860), shall | (3) Nothing contained in sub-section (1) or sub-section (2) shall be construed as conferring upon any child of a marriage which is null and void or which is annulled by a decree of nullity under Section 12, any rights in or to the property of any person, other than the parents, in any case where, but for the passing of this Act, such child would have been incapable of possessing or acquiring any such rights by reason of his not being the legitimate child of his parents. | ||
apply accordingly. | |||
18. Punishment for contravention of certain other conditions for a Hindu | '''17. Punishment of Bigamy'''.- Any marriage between two Hindus solemnized after the commencement of this Act is void if at the date of such marriage either party had a husband or wife living; and the provisions of Sections 494 and 495 of the Indian Penal Code (45 of 1860), shall apply accordingly. | ||
rupees, or with both; | '''18. Punishment for contravention of certain other conditions for a Hindu marriage''' - Every person who procures a marriage of himself or herself to be solemnized under this Act in contravention of the conditions specified in clauses (iii), (iv), and (v)) of Section 5 shall be punishable. | ||
(b) in the case of a contravention of the condition specified in clause (iv) or clause (v) of Section 5, with simple imprisonment which may extend to one month, or with fine which may | |||
extend to one thousand rupees, or with both; | (a) in the case of a contravention of the condition specified in clause (iii) of Section 5, with rigorous imprisonment which may extend to two years or with fine which may extend to one lakh rupees, or with both; | ||
not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he were alive. | |||
20. Contents and verification of Petitions.- (1) Every petition presented under this Act shall state as distinctly as the nature of the case permits the facts on which the claim to relief is founded “and, except in a petition under Section 11, shall also state) that there is no collusion between the petitioner and the other party to the marriage. | (b) in the case of a contravention of the condition specified in clause (iv) or clause (v) of Section 5, with simple imprisonment which may extend to one month, or with fine which may extend to one thousand rupees, or with both; | ||
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===== JURISDICTION AND PROCEDURE ===== | |||
'''19. Court to which petition shall be presented'''.- Every petition under this Act shall be presented to the District Court within the local limits of whose ordinary original civil jurisdiction | |||
(i) the marriage was solemnized, or | |||
(ii) the respondent, at the time of the presentation of the petition, resides, or | |||
(iii) the parties to the marriage last resided together, or | |||
(iii a) in case the wife is the petitioner, where she is residing on the date of presentation of the petition, or | |||
(iv) the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is, at that time, residing outside the territories to which this Act extends, or has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he were alive. | |||
'''20. Contents and verification of Petitions.-''' (1) Every petition presented under this Act shall state as distinctly as the nature of the case permits the facts on which the claim to relief is founded “and, except in a petition under Section 11, shall also state) that there is no collusion between the petitioner and the other party to the marriage. | |||
{{Approved}} | |||
Latest revision as of 07:06, 30 May 2019
(2) Where a decree of nullity is granted in respect of a voidable marriage under Section 12, any child begotten or conceived before the decree is made, who would have been the legitimate child of the parties to the marriage if at the date of the decree it had been dissolved instead of being annulled, shall be deemed to be their legitimate child notwithstanding the decree of nullity.
(3) Nothing contained in sub-section (1) or sub-section (2) shall be construed as conferring upon any child of a marriage which is null and void or which is annulled by a decree of nullity under Section 12, any rights in or to the property of any person, other than the parents, in any case where, but for the passing of this Act, such child would have been incapable of possessing or acquiring any such rights by reason of his not being the legitimate child of his parents.
17. Punishment of Bigamy.- Any marriage between two Hindus solemnized after the commencement of this Act is void if at the date of such marriage either party had a husband or wife living; and the provisions of Sections 494 and 495 of the Indian Penal Code (45 of 1860), shall apply accordingly.
18. Punishment for contravention of certain other conditions for a Hindu marriage - Every person who procures a marriage of himself or herself to be solemnized under this Act in contravention of the conditions specified in clauses (iii), (iv), and (v)) of Section 5 shall be punishable.
(a) in the case of a contravention of the condition specified in clause (iii) of Section 5, with rigorous imprisonment which may extend to two years or with fine which may extend to one lakh rupees, or with both;
(b) in the case of a contravention of the condition specified in clause (iv) or clause (v) of Section 5, with simple imprisonment which may extend to one month, or with fine which may extend to one thousand rupees, or with both;
JURISDICTION AND PROCEDURE
19. Court to which petition shall be presented.- Every petition under this Act shall be presented to the District Court within the local limits of whose ordinary original civil jurisdiction
(i) the marriage was solemnized, or
(ii) the respondent, at the time of the presentation of the petition, resides, or
(iii) the parties to the marriage last resided together, or
(iii a) in case the wife is the petitioner, where she is residing on the date of presentation of the petition, or
(iv) the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is, at that time, residing outside the territories to which this Act extends, or has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he were alive.
20. Contents and verification of Petitions.- (1) Every petition presented under this Act shall state as distinctly as the nature of the case permits the facts on which the claim to relief is founded “and, except in a petition under Section 11, shall also state) that there is no collusion between the petitioner and the other party to the marriage.
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