AIR 1939 SINDH 157

Sindh High Court

Hon'ble Judge(s): Davis, Weston , JJ

(A) Hindu Law - Marriage - Doctrine of factum valet-Marriage of minor girl performed by performing all ceremonies necessary to constitute valid marriage-Fact that marriage was performed without consent of paternal uncle and in defiance of injunction of Court would not invalidate marriage - Doctrine of factum valet applies. In Hindu law the consent of the paternal relations is not an essential condition of a valid marriage and not being an essential condition, a marriage in which this consent is not given is not thereby invalidated. Hence where all the ceremonies necessary under Hindu law to constitute a valid marriage were performed, the fact that the girl was given in marriage when a child without the consent of the paternal uncle and in defiance of an injunction of the Court passed in proceedings pending under the Guardians and Wards Act, would not invalidate the marriage and the doctrine of factum valet would apply : 22 Ram 509, Rel. on; Case law reviewed.(Para 157C2 158C1) (B) Hindu Law - Marriage - Restitution of conjugal rights - Its grant is matter of judicial discretion - Declaration that marriage is valid is not necessarily followed by decree for restitution. The English law as to the marriage of m....