Similar is the view taken by
this Court in Balwinder Kaur's case (supra) after referring to the judgment
relied upon by the respondent in Smt. Yallawwa's case (supra).
Another decision reported in AIR 2007 Punjab and
Haryana 74 (Balwinder Kaur vs. Gurmukh Singh) is relied
upon by the defendants which is in respect of
Section 7, 11 and 5 of Hindu Marriage Act.
11. Learned Advocate Shri M.M.Patil Beedkar
for applicant has also referred to the case of
Balwinder Kaur v. Gurmukh Singh AIR 2007 P. & H.
74, which is a Single Judge ruling dealing with
proceedings in which declaration was sought that
the marriage of the appellant Balwinder Kaur with
Gurkukh Singh Respondent was nullity under Section
11 of the Hindu Marriage Act, 1955 as it was in
contravention of Section 5(i) of the said Act as
she performed second marriage with the Respondent
during subsistence of her first marriage with one
Jaswinder Singh. In paragraph 12, in view of
controversy, it was held that to prove a valid
marriage under Hindu law, it has to be established
that the marriage was performed in accordance with
the customary rites and ceremonies, as required
under Section 7 of the Act.