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1 - 10 of 17 (0.24 seconds)Section 17 in The Hindu Marriage Act, 1955 [Entire Act]
The Hindu Marriage Act, 1955
The Indian Penal Code, 1860
Section 5 in The Hindu Marriage Act, 1955 [Entire Act]
Section 11 in The Hindu Marriage Act, 1955 [Entire Act]
Section 495 in The Indian Penal Code, 1860 [Entire Act]
Article 44 in Constitution of India [Constitution]
Dr.Surajmani Stella Kujur vs Durga Charan Hansdah & Anr on 14 February, 2001
In this
context judgment of the Apex Court in Dr.Srajmani
Stella Kujur v. Durga Charan Hansdah and
Another ([2001] 3 SCC 13) is relevant to be mentioned.
In the above case wife had filed a complaint that her
marriage was performed at Delhi in accordance with
the Hindu rites and customs and the husband
solemnized another marriage with accused No.2.
Parties belonged to Scheduled Tribe. The Apex Court
held that in the absence of specific pleadings, evidence
and proof of alleged custom making the second
marriage void, no offence under Section 494 IPC can
possibly be made out against the respondent. It was
W.P(C) No.4559 of 2015
-: 12 :-
held by the Apex Court that the fact of second marriage
being void is sin qua non for the applicability of Section
494 IPC. The following was laid down in paragraph 14: