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Report No. 59

3.13. Presumption of validity.-

So much as regards the substantive law, a presumption of validity1 of marriage arises where it is alleged that a party was of unsound mind at the time or marriage and was, for that reason incapable of giving consent to the marriage,2 but that presumption is rebuttable3.

1. Tolstoy Void and Voidable Marriage, (1964) 27 Modern Law Review, p. 394.

2. Browning v. Reane, (1812) 2 Phill Eccl 69; Portsmouth v. Pbrtsmouth, (1828) A Hag Con 355 (359); Cooper v. Grane, 1891 Probate 369; Soier (in re:), 1947 WN 46; Park (in re:), 1954 Probate 89 (96).

3. Cooper v. Grime, 1891 Probate 369 (376).



Hindu Marriage Act, 1955 and Special Marriage Act, 1954 Back




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