The question (12 marks)
Distinguish between the formal validity and the essential validity of a marriage, and state the law which governs each. Examine the theories on capacity to marry and the position taken by the Indian courts. (12 marks)
MU Module III, formal and essential validity of marriage; pack ch. 03 §§3-4.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 3 · Applicable Law — Family Matters of Conflict of Laws.
Authorities you will need
- Simonin v. Mallac
- Ogden v. Ogden
- Starkowski v. Attorney General
- Brook v. Brook
- Mette v. Mette
- Sottomayor v. De Barros
- Parwatawwa v. Channawwa, Mysore High Court, Somnath Iyer J.
- Foreign Marriage Act 1969, s. 4
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.