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Documents citing Panchireddi Appala Suramma Alias ... vs Gadela Ganapatlu on 30 October, 1974

Gindan And Ors. vs Barelal on 5 December, 1975

No doubt, a contrary view has been taken by the Andhra Pradesh High Court in Panchireddi Appala Suramma v. GadeLa Gana-patlu, AIR 1975 Andh Pra 193 wherein an earlier decision of the said Court reported in Rayudu Pallamsetti v. Dommeti Sri-ramulu, AIR 1968 Andh Pra 375 has been relied upon. With great resjpect we disagree with the view expressed by the learned Judges. In both the decisions the provisions of Sections 11 and 12 of the Act have not been taken into consideration while it is not the consequence of a marriage being solemnized in breach of Clause (iii) of Section 5 of the Act. That being so, we are of opinion that a marriage solemnized in contravention of the age mentioned in Clause (iii) of Section 5 of the Hindu Marriage Act can neither be declared ab initio void nor voidable. The consequences, if any, which flow from that contravention are given in Section 18 and that is that a person who procures a marriage of himself or herself in such contra-
Madhya Pradesh High Court Cites 15 - Cited by 10 - A P Sen - Full Document

Shrikrishna vs Smt. Sunita Bai on 2 May, 2024

No doubt, a contrary view has been taken by the Andhra Pradesh High Court in Panchireddi Appala Suramma v. Gadela Signature Not Verified Signed by: VINDESH RAIKWAR Signing time: 5/2/2024 6:25:35 PM 5 Ganapatlu, AIR 1975 Andhra Pradesh 193 wherein an earlier decision of the said Court reported in Rayudu Pallamsetti v. Dommeti Sriramulu, AIR 1968 Andhra Pradesh 375 has been relied upon. With great respect we disagree with the view expressed by the learned Judges. In both the decisions the provisions of Sections 11 and 12 o f the Act have not been taken into consideration while it is not the consequence of a marriage being solemnized in breach of Clause (iii) of Section 5 of the Act. That being so, we are of opinion that a marriage solemnized in contravention of the age mentioned in Clause (iii) of Section 5 of the Hindu Marriage Act can neither be declared ab initio void nor voidable. The consequences, if any, which flow from that contravention are given in Section 18 and that is that a person who procures a marriage of himself or herself in such contraventio n shall be punishable with imprisonment which may extend to fifteen days, or with fine Which may extend to one thousand rupees, or with both. In our opinion, no other result is stated in the Act to flow from the contravention of the type now under consideration of Clause (iii) of Section 5 to affect the tie of marriage itself and to render the marriage either void or voidable. If the Legislature intended otherwise, the Act certainly would have made a specific provision in that regard in the like manner as it has been done in the case of contravention of Clauses (i), (ii), (iv) and (v) of Section 5 in Section 11 of the Act. Thus, the marriage would remain Signature Not Verified Signed by: VINDESH RAIKWAR Signing time: 5/2/2024 6:25:35 PM 6 valid in law and enforceable and recognizable in the Court of law."
Madhya Pradesh High Court Cites 18 - Cited by 0 - P N Singh - Full Document

V. Mallikarjunaiah vs H.C. Goowramma on 30 July, 1996

4. The petitioner's learned advocate has placed even stronger reliance on a Division Bench decision of the Andhra Pradesh High Court in the case of Panchireddy Appala Suramma Alias Gadcla Appalasuramma v. Gadela Ganapatlu, wherein the Court was dealing with a case closer to the present one in so far as the girl was aged 6 and the boy was aged 8 and it was a typical instance of child marriage. In view of the fact that both of them were under aged by virtue of the provisions of the Hindu Marriage Act. even at that, the Division Bench upheld the contention that the marriage will have to be treated as null and void. I may mention here that the Division Bench upheld only one aspect of the matter that was canvassed, mainly that the object of introducing sub-clause (iii) in Section 5 of the Act was in order to prevent the obnoxious practice of child marriages that was prevalent in certain areas and certain strata of society. The learned Judges proceeded to hold that if the object of the Legislature was to prevent child marriages and therefore, sub-section (iii) was introduced in Section 5 of the Act, that a breach of this condition would ipso facto be fatal to the validity of the marriage. With utmost respect to the learned Judges concerned, I need to record that there are certain deeper and far more significant aspects of the matter which require to be taken into consideration by a Court in this regard and which did not fall for consideration before this Court and therefore, the decision in question is distinguishable.
Karnataka High Court Cites 9 - Cited by 3 - Full Document
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