Legal Question in Family Law in India
A querry
What is a CAVEAT?
Can it be used to check proposed illegal marriage at the court of Marriage officer?
6 Answers from Attorneys
Re: A querry
caveat is a legal provision for pre-empting obtaining of an exparte injunction order by opposite party. you may study provisions of Section 148-A of C.P.C.
An illegal marriage can be stopped by seeking injunction in a suit in civil court.
Re: A querry
good afternoon
caveat means a warning or provisio of specific stipulations, conditions or limitations precisely in latin its 'let the person beware'. no it cannot be checked to find out the legality of marriage
Re: A querry
Caveat's strict legal means 'let the person beawre'.It being filed by the party who has reson to beleive that other party can file petition or case in court of law so he(party who filed caveat)should also be heard pior to passing of any order by the court.Caveat can not be filed in marriage court.
Re: A querry
caveat in general would mean beware. legally it would mean that a court shall not pass an order without informing the person against whom an order if passed if he has filed a caveat petition in the court where he is expecting an order against him.
The concept of caveat does not apply for marriages but an objection can be lodged before the marriage officer objecting the proposed marriage.
Re: A querry
caveat is filed when it is apprehended that teh other party may file a case and try to obtain an ex parte order. this can be filed only in court and not before teh marraige office
Re: A querry
Petition in the court against the person(s) making request not to pass any order in suit/appeal/revision without information to him
If the marriage is illegal than the Marriage officer will not allow