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.