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september 1996

Supreme Court of India · 1996-09-18

MOLLY JOSEPH vs GEORGE SEBASTIAN

Citation / case number
SC 1994/16730
Court
Supreme Court of India
Petitioner
MOLLY JOSEPH
Respondent
GEORGE SEBASTIAN
Author
S.B. MAJUMDAR N.P. SINGH
Bench
S.B. MAJUMDAR N.P. SINGH

Judgment text excerpt

The Supreme Court held that the marriage between the appellant and the respondent was declared a nullity based on the provisions of the Indian Divorce Act, 1869, specifically Section 19(4), which necessitates a decree from a Civil Court for annulment to be valid. The Court emphasized that an annulment granted by an Ecclesiastical Tribunal does not hold legal weight under the Divorce Act. Consequently, the appeal was dismissed, affirming the High Court's decision that the earlier marriage was still subsisting at the time of the subsequent marriage.

MOLLY JOSEPH vs GEORGE SEBASTIAN · Niyam