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🔰DIFFERENCE BETWEEN VOID AND VOIDABLE MARRIAGES🔰


What is Void Marriage

🌹A void marriage is no marriage. It is a marriage that does not exist from its beginning. This is given under Section 11 of Hindu Marriage Act, 1955.

🌹It is termed as marriage because two persons undergo the ceremonies of marriage, but due to some incompetency, it is void.



For Example-
If a brother and sister perform all the ceremonies of marriage and start living as husband and wife, they will not become husband and wife in the eyes of the law even though they have performed the ceremonies and rituals of a marriage.

🧩Grounds of a Void Marriage

1. Bigamy (it means either party has a spouse living at the time of marriage)
2. When the parties are sapinda to each other (refer Section 3(f) of Hindu Marriage Act, 1955).
3. When the parties are within the prohibited degree of relationship (see Section 3(g) of Hindu Marriage Act, 1955)

🗣The other two cases in which marriage is void.
1. If proper ceremonies of marriage have not been performed.
2. If a marriage has been performed in violation of the requirement of Section 15 of Hindu Marriage Act. (15. Divorced persons when may marry again.)

🧩What is Voidable Marriage

🌹A voidable marriage is a perfectly valid marriage, so long it is not avoided. It can be avoided only on the petition of one of the parties. This is given under Section 12 of Hindu Marriage Act, 1955.

🌹If one of the parties dies before the marriage is annulled, then no one can challenge the marriage. The marriage will remain valid forever.

Grounds of a Voidable Marriage

1. Marriage not consummated due to the impotency of the respondent.
2. Respondent is suffering from a mental disorder as to be unfit for marriage and procreation of children.
3. The consent of the petitioner has been taken by fraud or force.
4. That the respondent was pregnant by some other person other than the petitioner.

Note: The ground is pre-marriage pregnancy of the wife and not her unchastity. (relating to or engaging in sexual activity, especially of an illicit or extramarital nature)

Note: The children born out of void and voidable marriages are legitimate, and in no case status of the child can be questioned. (Section 16 of Hindu Marriage Act)

“Sapinda Relationship” with reference to any person extends as far as the third generation (inclusive) in the line of ascent through the mother, and the fifth (inclusive) in the line of ascent through the father, the line being traced upward in each case from the person concerned, who is to be counted as the first generation.🔚

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🦋WHAT IS SUIT OF CIVIL NATURE IN CPC🦋


⭐️Under CPC, a civil court is competent to try a suit when,

1. The suit is of civil nature.
2. The cognizance of such suit should not be expressly or impliedly barred.

What is Suit of Civil Nature

⭐️In the suit, if the principal question relates to the determination of a civil right, then the suit is of a civil nature.

⭐️The expression suit of civil nature covers private rights and obligation of a citizen. If the principal question relates to caste or religion, then it is not a suit of civil nature.



⭐️The following can be held to be suits of civil nature:

1. Suit for damages for breach of contract.
2. Suit for specific relief.
3. Suit for conjugal rights.
4. Suits for the right of worship.
5. Suits for rent and so on.

⭐️Some suits not of civil nature are:

1. Suits involving purely religious rites.
2. Suits for mere dignity or honour.
3. Suits against compulsion from caste and so on.

What is Suit Expressly Barred

⭐️When a suit is barred by an enactment or act in force, then such a suit is said to be expressly barred.

For example, some of the matters that are expressly barred from the cognizance of a civil court are: Matters falling under revenue courts, special tribunals like an industrial tribunal, rent tribunal, labour tribunal.

⭐️But in case the remedy provided by statute is not adequate, then a person is not barred from taking the case to the jurisdiction of a civil court.

What is Suit Impliedly Barred

⭐️When a suit is barred by the general principles of law, then such a suit is said to be impliedly barred.

For example, political questions belong in the domain of the public administrative law and not the jurisdiction of a civil court. If there is a dispute of a political nature, a civil court has no authority to adjudicate such matters.

🌟Conclusion🌟

After reading the concept underlying section 9 of CPC, we can say that the civil court tries only suits of civil nature. And the cases which are not of civil nature or the suits which are expressly or impliedly barred are tried either in tribunals or councils or special courts specified under any enactment.

⭐️The questions purely relating to caste or religious ceremonies are decided by the community or religious heads like priests, spiritual heads, etc. On the other side, questions that are political in nature are decided by public administrative authorities. 🔚
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#CaseLaw 5/10

Sarla Mudgal vs. Union of India[5]

Facts: There were two petitions clubbed by the Supreme court. The basic facts in both these petitions were that the husband flees from the first marriage which was solemnised under the Hindu Marriage Act, 1955.

✍Further, the husband fled and converted into Islam only for the purpose of remarrying thereby by-passing Section 494 of Indian Penal Code that prohibits remarriage while the subsistence of one marriage.

Issues: There were two issues before the court

1.Whether the second marriage after converting from Hindu to Islam shall be valid.

2.Whether the man shall be liable by the virtue of Section 494 of the Indian Penal Code.

❄️Held: The apex court held that the man is trying to invade the first marriage and leave the wife stranded. Thereby, held that since according to the Hindu Marriage Act, 1955, a man under its provisions cannot have two marriages at a time.It was held by the court that the second marriage shall be void in nature since the first marriage is not dissolved and the conversion which has taken place only to commit fraud and to marry two women at the same time shall hold no good. The conversion shall not be affected but the second marriage shall be void.
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#CaseLaw 4/10
Shamim Ara v. State of U.P. [4]

Facts of this case involve the appellant who filed for maintenance from her husband for herself and two of her four children on grounds that the husband had deserted her and treated her cruelly.The respondent claimed that dower has already been paid and the husband agreed to pay Rs. 150 per month for the maintenance of the minor child.

✍Hence, the application for maintenance was dismissed and an appeal was filed before the Supreme Court. This appeal deals with the concept of maintenance where the wife was divorced by her husband and was also paid the dower.

Issue: Whether the court can order the husband to pay maintenance to the wife when the dower has been paid.

❄️Held: The Apex court stated that the husband shall be liable to pay maintenance for the two sons they have borne from the marriage and therefore ordered the husband to pay maintenance so that the wife who is in custody of the children can maintain her children.
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#CaseLaw 3/10

[3]. Danial Latifi and another v. Union of India [3]

✍Facts of this case were aftermath to the Shah Bano case, where the petitioner filed the petition before the court challenging the Act of the parliament.

The Act was passed as the aftermath of the Shah Bano judgment. A Muslim woman protection of rights on divorce Act,1986 was passed which envisaged that the husband in the marriage shall be liable to pay the amount of dower and the maintenance on during the period of ‘Iddat’ as embedded in the Muslim personal laws after which the husband shall not be liable or responsible to maintain his wife under any circumstances unless he would prefer it.

Issue: The issue brought before the court was to challenge the said provision enacted which was Section 3 of the Act as unconstitutional and violates Section 14 and 21 of the Constitution.

❄️Held: The court discussed the arguments which the petitioners brought before the court.

He argues that there is no reason to deprive a Muslim woman of enjoying the rights provided for her under the Criminal procedure.

And that the woman should be entitled to maintenance from her husband. Hence the court decided in his favour and declared the provision unconstitutional.

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#CaseLaw 2/10

Shayara Bano v. Union of India and others[2]

🔰Facts of the case revolve around a resident of Uttarakhand who represented the plight of several Muslim women. She had an ugly marriage and she was divorced by her husband by way of triple talaq (Talaq-ul-biddat).

Issue: Whether this practice of triple talaq is unconstitutional because it violates Article 14,19,21 of the Constitution.

❄️Held: The Supreme court decided that this practice is violative of Article 14 because it is only the man in the marriage who can practise it and the woman cannot hence the principle of equality is violative of Article 14 because it is only the man in the marriage who can practise it and the woman cannot hence the principle of equality is violated. By the virtue of Article 19 the woman should have the choice whilst divorce. And And Article 21 ensure right to life with personal liberty.

#CaseLaw 1/10

Mohammed Ahmed v Shah Bano and Anr. [1]

Facts of the case revolve around the concept of maintenance and dower. After the divorce of the respondent by way of ‘triple talaq’. The issue arose when she demanded maintenance from her husband.

In Muslim customs, a woman is entitled to Mehr or dower, which is given to the woman as a mark of respect and the purpose is for the woman to utilise it after the marriage or if her husband passes away.

🔰Issue: Whether the personal laws or the Code of Criminal procedure shall apply.

❄️Held: The case was maintainable before the Apex court because the petition was brought under the provision of Criminal procedure and the court held that the Muslim woman shall be entitled to maintenance even after the ‘iddat’ period. However, this judgment was overturned by the enactment of legislation The Muslim Women (Protection of Rights on Divorce), 1986, which re-emphasised that Muslim men shall not be liable to maintain their wives after the iddat period.

🔰Ten (10) Landmark cases on #Muslim Law🔰

[1]. Mohammed Ahmed v Shah Bano and Anr. 

[2]. Shayara Bano v. Union of India and others

 [3]. Danial Latifi and another v. Union of India 

[4].Shamim Ara v. State of U.P.

[5].Sarla Mudgal vs. Union of India

[6].Chand Patel v. Bismillah Begum

[7]. Ahmedabad Women Action Group (AWAG) v. Union of India

[8]. Imambandi v. Mutsaddi

[9]. Gohar Begum Nazma Begum


[10]. Noor Sabha Khatoon v Md. Quasim
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🗣Important📚

🔰Ten (10) Landmark cases on Muslim Law🔰


This article has Ten Landmark cases on Muslim Law, evolved and interpreted over time by the Supreme Court of India. Some cases deal with the rights of woman and clarifying their position in society.
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🧩When to Use Inherent Power🧩

In Divine Retreat Centre vs. State of Kerala, SC 2008, the Supreme Court held that there are three circumstances under which the inherent jurisdiction under section 482 of CrPC may be exercised-

1. To give effect to an order under the code.
2. To prevent abuse of the process of the courts.
3. To otherwise secure the ends of justice.

💁‍♂The High Court does not have the power to quash the proceedings in police investigation consequent upon an FIR made to the police in a cognizable case. It has no power to interface with the legal rights of the police to investigate a cognizable case.

Note: No limitation period has been prescribed for making an application under section 482 of CrPC. However, the application is to be filed within a reasonable time.

Can Not Order Stay of Arrest

In the case of, Ashok Kumar Singh vs. State of Bihar CrLT SC 1993, the Supreme Court held that the High Court, while exercising its jurisdiction under section 482, can not order stay of arrest of accused during the investigation.

Investigation After Charge Sheet

In the case of, State of Punjab vs. CBI and others, SC 2011, the Supreme Court held that fresh investigation or re-investigation after the filing of charge sheet by police can be ordered by High Court under section 482 of CrPC to secure the ends of justice. Further held that inherent powers of the High Court are not limited or affected by section 173(8).


Cancellation of Bail by High Court

For the ends of justice, the High Court may order for the cancellation of bail using its inherent powers under section 482.

Quashing of FIR by High Court

In the case of, D.C Jain vs. UOI, 1994, Punjab and Haryana High Court: The allegation in FIR prima facie constituted the offence of cheating, and a civil suit was also pending in respect of the same offence. It was held that the pendency of civil suit is no ground for quashing the FIR.

Quashing of charge → Yes
Quashing of charge sheet → Yes

Quashing FIR on Account of Delay

It was held in case of, Jagdish Ram vs. the State of Rajasthan that, FIR does not deserve to be quashed by the High Court in the exercise of power under section 482 of the code merely on account of delay. 🔚

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💐INHERENT POWERS OF HIGH COURT UNDER CRPC WITH IMPORTANT CASES💐

The Inherent Powers of the High Court

🌻Inherent Powers are those powers which are not mentioned anywhere in the code. Inherent power or inherent jurisdiction of the High Court may be exercised in a proper case either to prevent the abuse of the process of any court or to secure the ends of justice. These powers of the High Court should be used only in exceptional cases.

🌻In the following cases, the inherent power of the High Court could be exercised to quash the proceedings-

1. Where there is a legal bar against the institution or continuance of the proceedings.

2. Where the allegation in the first information report (FIR) or complaint does not constitute the offence alleged.

3. Where there is no legal evidence adduced in support of the charge or the evidence adduced clearly or failed to prove the charge.

✍The above list of points is not exhaustive. High court may exercise its inherent power in other situations as well, to serve the ends of justice.

🦚PARDONING POWERS OF THE INDIAN PRESIDENT🦚

🌻Pardon means to forgive a person for the offence he has done. Under the Indian Constitution, the power to grant pardon has been conferred on the President of India under article 72 and the Governor of states under article 161.

🌻The object behind pardoning power is to correct possible judicial errors and miscarriage of justice. It is a mean to prevent innocent from punishment.

🌹Power of Pardon by President of India

Under article 72, the mercy petition is filed to the President, and his powers are as follows:-

1. Pardon🌹

The President can totally absolve/acquit the person for the offence and let him go free like an ordinary citizen.

2. Commutement🌹

To reduce the type of punishment into a less harsh one. For example, Rigorous imprisonment to simple imprisonment.

3. Remission🌹

To reduce the punishment without changing the nature of the punishment. For example, 20 years of rigorous imprisonment to 10 years of rigorous imprisonment.

4. Reprieve🌹

A delay is allowed in the execution of a sentence, usually a death sentence for a guilty person to prove his innocence.

5. Respite🌹

Reduce the degree of punishment looking at specific grounds like Pregnancy etc.

Note: The President can exercise the judicial powers at any stage, which means before, during, or after trial.

Difference Between the Pardoning Power of President and Governor

1. President can pardon the death sentence, but the Governor has no power to pardon the death sentence.

2. The President can pardon in case of court-martial. But the Governor cannot pardon in a court-martial.

3. President exercises his judicial powers for the punishment which is given under the law made by the union. Whereas the Governor uses his judicial powers for the punishment, which is provided under the law made by the state.

💁‍♂Is the power to pardon given to the president absolute and does this power come under judicial review?

🌻The pardoning power of the President is wider than that of a governor. The President can pardon, respite, reprieve, and remit even in death warrant and court-martial. However, no power is absolute.

🌻If the power is given absolutely, it may give rise to arbitrariness. Therefore the pardoning power of the President is subject to judicial review.

In the Epuru Sudhakar case, the Supreme Court ruled that to have a check on the pardoning power of the President; the judiciary can intervene to prevent him from doing arbitrary actions.🔚

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7. Bailment and Pledge🔰

Section 148 of the Indian Contract Act defines bailment. When a person delivers his goods to the other person for a specific period of time and for some purpose, it is a contract of bailment. The person who delivers goods is bailor, and to whom goods are delivered is bailee.

Section 172 of the Contract Act defines pledge. When the goods are bailed as a security for debt, it is pledge. The bailor is pawner, and bailee is pawnee.

8. Pledge and Mortgage🔰

Pledge is the bailment of movable goods for the security of debt. It is dealt under the Indian Contract Act. In mortgage, immovable property is given as a security for debt. It is dealt in the Transfer of Property Act.

9. Intention in Crime🔰

The intention to commit an act is seen from the overt act of a person. Intention is not punishable in law. It is difficult to assume anyone’s intention in prospect of crime. Intention hides behind the conduct of a person. Bad intention always reflects in the conduct of a person. A crime is punishable only when it is attempted and not at the stage of mens-rea or intention.

10. Law of tort or torts🔰

There are two theories in this regard that whether it is law of tort or law of torts. Winfield said that every act which is twisted or crooked is civil wrong and tort. He said that it is law of tort, and any person who commits tort must compensate damages to the other party.

On the other side, Salmond said that every act is not torts. Only some specified and classified acts are torts. He gave a pigeon-hole theory and said that torts must lie under this theory. Any other torts which are not classified in this hole is not a tort. It means, according to him, only specified mentioned wrongs are wrongs and not any other act.

11. Assault and Battery🔰

Assault is a mere gesture. It is to create apprehension in the mind of other that he is going to be attacked. For example, showing a gesture of stick towards a person creates apprehension in the mind of that person that he is going to be beaten by that stick.

Battery is a result of assault. When the gesture of assault converts into action on a person, it is battery. It means using criminal force on another person. For example, slapping a person or beating a person wrongfully is battery.

Battery is a civil wrong, whereas criminal force is mentioned in the Indian Penal Code. Both have different procedures. 🔚

Note: This list only has a few of the most important topics. These are definitely not all. Also, you will have to read all these topics in detail.

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1.Sovereignty🔰

It means a country or a state to be free from external controls. It implies the state with absolute power and free from any kind of dominance. The constitution is the supreme law of the land, but the source of the constitution is “the people of India. Preamble itself declares that it is the resolution of “we the people of India.”

2.Fundamental Rights🔰

Fundamental rights are available in Part III of the Constitution. These rights are guaranteed to the people of India and few rights only to the citizens. The rights are available against the state. Fundamental rights are also known as constitutional rights, but all constitutional rights are not fundamental rights. Article 13 makes every law null and void to the extent it violates fundamental rights.

3. What is Doctrine of Severability🔰

This doctrine comes into application when the validity of any part of statute or law is in question. It is argued that whether the whole statute should be declared null and void or only that part which violates fundamental rights. The doctrine says that if the invalid part can be separated from the statute, then that part must be severed and declared as void. The whole statute remains valid after severing the invalid part. But if in case the part cannot be separated, then the whole act is declared void.

4. What is Doctrine of Eclipse🔰

This doctrine applies to pre-constitutional laws – the laws which were operative before the constitution came into force. Any pre-constitutional law which violates fundamental rights becomes inoperative from the day constitution comes into operation. Any law that violates fundamental rights can’t remain valid. Such law, which becomes unconstitutional or invalid, comes under the shadow of fundamental rights like the sun comes under the shadow of the moon. This is called the doctrine of eclipse.

Famous case: ☑️Bhikaji Narain vs. the State of Madhya Pradesh

5. Writs under Article 32 and Article 226🔰

A writ is an order or direction issued by the court. There are five kinds of writs mentioned in the constitution. The Supreme Court has the power to issue writs under Article 32 for violation of fundamental rights and the High Courts under Article 226 for violation of fundamental rights as well as legal rights. The scope for issuing writs is wider with the High Courts in comparison to the Supreme Court.

👉The five kinds of writs are:-

✍Habeas corpus means “to present the body.”

✍Mandamus means a “command” to public authority.

✍Quo warranto means “what is your authority to hold office.”

✍Prohibition means “to prohibit” the inferior court from exceeding its jurisdiction.

✍Certiorari means “to certify” the proceedings of inferior court.

6. Indemnity and Guarantee🔰

Section 124 of the Indian Contract Act says that if in a contract one party promises to save the other party from any loss incurred, it is called contract of indemnity. The party who promises is indemnifier and to whom promise is made is indemnity holder.

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Section 126 of the Indian Contract Act defines the contract of guarantee. It is performed by a third person called surety. There are three parties to the contract – that is, the principal debtor who borrows money, creditor who gives money, and surety who ensures to discharge the liability of the debtor in case of default.

Legal Bites for CLAT 2020 Entrance Exam

🧩These are some of the most important law topics for all law exams.

1. Sovereignty
2. Fundamental Rights
3. Doctrine of Severability
4. Doctrine of Eclipse
5. Writs
6. Indemnity and Guarantee
7. Bailment and Pledge
8. Pledge and Mortgage
9. Intention in Crime
10. Law of tort or torts
11. Assault and Battery

IMPORTANT LAW TOPICS FOR CLAT 2020 ENTRANCE EXAM

💁‍♂Studies have become easy with technology. Now a student can Google the questions and get an answer. But chance of getting the most appropriate answer is still less.

✍During law exams, students want to score in short questions as they don’t take much time to attempt and make up a good score. It is necessary to go through important short law notes. They can be covered in less time and are useful in exam time.

💁‍♂With this article, I have attempted to showcase the most important law topics which may be helpful in CLAT 2020 exam, other entrance exams, judiciary, and even the LLB course. These notes are also helpful in solving MCQs faster and quickly.😊

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