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1 - 7 of 7 (0.24 seconds)Makhan Singh vs State Of Punjab(And Connected Appeals) on 2 September, 1952
3. A proceeding under Article 226 of the Constitution is primarily meant for the enforcement of a legal right and for securing appropriate relief flowing therefrom. It is not akin to a declaratory suit. Even under Section 34 of the Specific Relief Act, which enables a person to institute a suit for declaration as to status or right, it is provided that the Court shall not make any such declaration whether the plaintff, being able to seek further relief than mere declaration of title omits to do so. Therefore, the general rule is that a mere declaration is not a relief which can be appropriately granted in a writ petition (See Chiranjitlal v. Union of India, and Makhan Singh v. State of Punjab, . However, this may not be an infliexible rule and there might some exceptions where fundamental rights are violated.
Article 226 in Constitution of India [Constitution]
Smt. Sarla Mudgal, President, Kalyani & ... vs Union Of India & Ors on 10 May, 1995
2. The inspiration for filing this writ petition seems to have come from the recent judgment of the Supreme Court in Smt. Sarla Mudgal, President, Kalyanni v. Union of India, , wherein, it is claimed, the Supreme Court granted a similar declaration in writ petitions filed under Article 32 of the Constitution. I am afraid the petitoners cannot get any assistance from the said judgment and reliance on the same is misplaced. In that case the Supreme Court considered the question whether the second marriage of a Hindu husband after conversion to Islam without having his first marriage dissolved under law, would be invalid. The Supreme Court held that such a second marriage would be void in terms of the provisions of Section 494, I.P.C. and the
apostate husband would be guilty of the offence under Section 494, I.P.C. It is pertinent to note that the Supreme Court, after answering the said question of law, directed the petitioners in those cases to seek any relief which may be available to them under law in appropriate proceedings. The said judgment, therefore, is of no avail of the petitioners.
The Hindu Marriage Act, 1955
Section 34 in The Specific Relief Act, 1963 [Entire Act]
Article 32 in Constitution of India [Constitution]
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