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Dwarika Prasad Satpathy vs Bidyut Prava Dixit And Another on 14 October, 1999 cites

Smt. Yamunabai Anantrao Adhav A vs Ranantrao Shivram Adhav And Another on 27 January, 1988

Learned counsel for the appellant relied upon the decision of this Court in Smt. Yamunabai Anantrao Adhav v. Anantrao Shivram Adhav and another, {(1988) 2 S.C.R. 809} and submitted that even in a summary proceeding under Section 125 Cr.P.C., the Court is required to find out whether applicant wife was lawfully wedded wife or not. In the said case, the Court considered the point whether a Hindu Woman who has married after coming into force of the Hindu Marriage Act, 1955, with a man having a lawfully wedded wife, can maintain an application for maintenance under Section 125 Cr.P.C. In that case, the Court confirmed the judgment of the High Court and arrived at the conclusion that the Legislature decided to bestow the benefit of Section 125 Cr.P.C. even on an illegitimate child by expressed words but none are found to apply to a de facto wife where the marriage is void ab initio. The marriage was null and void because Section 5 inter alia provides that a marriage may be solemnised between any two Hindus if the conditions mentioned therein are fulfilled. One of the conditions is - neither party has a spouse living at the time of marriage. Under Section 11, such marriage is null and void. The Court held that marriage of a woman in accordance with Hindu rites with the man having a living spouse is complete nullity in the eye of law and she is not entitled to the benefit of Section 125 of the Code. In our view the said judgment has no bearing on the facts of the present case as it is not a case of de facto marriage nor can it be held that the marriage between the appellant and respondent no.1 was void ab initio. It is a case where it is contended that at the time of marriage essential ceremonies were not performed. Hence in the present case, we are not required to discuss the issue that unless declaratory decree of nullity of marriage on the ground of contravention of any one of the conditions specified in clauses (i), (iv) and (v) of Section 5 is obtained, it cannot be held in collateral proceedings that marriage was null and void. Nor it is required to be discussed that Legislature has not provided that if, some marriage ceremonies are not performed, marriage is a nullity under Section 11 or is voidable under Section 12 of the Hindu Marriage Act.
Supreme Court of India Cites 14 - Cited by 185 - L M Sharma - Full Document
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