98 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
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CHAPTER IV
Special provisions for annulment of Marumakkattayam or Aliyasantana marriage
49. Annulment of Marumakkattayam or Aliyasantana marriage. —
(1) Save as provided in sub-section (4) of section 24A, a marriage solemnized under that section may be annulled—
(a) by a decree of nullity under section 49A;
(b) by an order of divorce under section 49B;
(c) by a registered instrument of dissolution executed by the parties to the marriage:
Provided that, if the female party to the marriage has not completed the age of eighteen years, no marriage shall be annulled by an order of divorce before she completes that age.
(2) The annulment of a marriage by a registered instrument of dissolution shall take effect from the date of the registration of the instrument.
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49A. Grounds for a decree of nullity of Marumakkattayam or Aliyasantana marriage .—(1) Any marriage solemnized before the commencement of this Code under the Marumakkattayam or Aliyasantana law may be annulled by a decree of nullity,—
(a) if by reason of the provisions of any law in force at the time of the marriage, such marriage was invalid on the ground that either party had a spouse living at the time of the marriage; or
(b) if the parties at the time of the marriage were within the degrees of prohibited relationship as defined by clause (c) of section 5 :
Provided that no marriage so solemnized shall be annulled under the provisions of clause (b) of this sub-section, if it was valid under the provisions of any law in force at the time of the marriage.
(2) Save as provided in sub-section (4) of section 24A, a marriage solemnized under that section, may be annulled by a decree of nullity if it contravenes the condition specified in clause (i) or clause (iv) of section 7.
(3) Where a marriage is annulled by a decree of nullity under this section, the parties thereto shall be deemed never to have been married, nor to have been related to each other as husband and wife:
Provided that where a marriage is annulled by a decree of nullity on the ground that a former husband or wife was living and it is adjudged that the subsequent marriage was solemnized in good faith and that one or both of the parties fully believed that the former husband or wife was dead, children begotten before the decree is passed shall be specified in the decree and shall in all respects be deemed to be and always to have been the legitimate children of their parents.