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march 1964

Supreme Court of India · 1964-03-18

MAHENDRA MANILAL NANAVATI vs SUSHILA MAHENDRA NANAVATI

Citation / case number
SC 1963/72
Court
Supreme Court of India
Petitioner
MAHENDRA MANILAL NANAVATI
Respondent
SUSHILA MAHENDRA NANAVATI
Bench
DAYAL, RAGHUBAR

Judgment text excerpt

The Supreme Court held that under Section 12 of the Hindu Marriage Act, 1955, a marriage can be annulled if one party was pregnant by another person at the time of marriage. The Court emphasized the importance of the burden of proof resting on the husband in such cases, and clarified that admissions by parties can be considered. The Court ultimately reversed the High Court's decision, affirming the annulment of marriage due to the respondent's pregnancy prior to the marriage, thus upholding the trial court's findings.

MAHENDRA MANILAL NANAVATI vs SUSHILA MAHENDRA NANAVATI · Niyam