Marriage and Matrimonial Causes

A Pune woman and a British man marry at a registry office in London. Two years later they move to Mumbai, the marriage breaks down, and she files for divorce in an Indian court. Before the court can grant anything it must ask whether the marriage was valid at all, whether it can hear the petition, and which law supplies the grounds. Validity of marriage is where the conflict of laws meets everyday family life, and this topic gives you the rules, the theories and the Indian statutory anchors.

In two minutes

A marriage with a foreign element is tested in two parts, formal validity by the law of the place of celebration (lex loci celebrationis) and essential validity (capacity and consent) by the personal laws selected by theory, with Indian statutes supplying the Indian rules and recognition of foreign matrimonial decrees governed by s.13 CPC.

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