that marriage had a spouse living,such marriage would be void under Section 11 of the Hindu Marriage Act. Such a marriage is also described ... court. Till a decree is passed, the marriage subsists. Any other marriage, during the subsistence of first marriage would constitute an offence under Section
solemnise second marriage? Whether such a marriage without
having the first marriage dissolved under law, would be a
valid marriage qua the first wife ... High Court dealing with a
marriage under the Special Marriage Act 1872 held:
" The Special Marriage Act clearly only
contemplates monogamy and a person
whom the
subsequent marriage is performed. Therefore, the wife with
whom the subsequent marriage is contracted after
concealment of former marriage, would also be entitled ... second wife would be an aggrieved person within the
meaning of Section 198 Cr. P.C. If the woman with whom
the second marriage
marriage is void under Section 17 of the Hindu
Marriage Act having been performed when the earlier marriage is
subsisting. The validity of the second ... make it a valid
marriage. Section 7 of the Hindu Marriage Act says that a Hindu
marriage may be solemnized in accordance with the customary
that marriage had a spouse living, such marriage
would be void under Section 11 of the Hindu Marriage Act.
Such a marriage is also described ... court. Till a decree is passed,
the marriage subsists. Any other marriage, during the
subsistence of first marriage would constitute an offence
under Section
Sections 5 and 11 of the Hindu Marriage Act,
1955. It was, therefore, a void marriage. Second wife had
thus no status and could ... from his first marriage
with Rameshwari Devi and four sons from marriage with
Yogmaya Devi. Two persons have testified to the marriage of
Yogmaya Devi
person marrying arises. If the marriage
is not a valid marriage, it is no marriage in
the eye of law."
Again in interpreting ... admission made by the accused
regarding the second mamaee. is conclusive of the fact of a
second marriage having taken place and that without
Hindu marriage Act. 1955 and not to
any other marriage. His contention further is that a
marriage would be null and void under Section ... investing the first marriage with a
religious character, and by
permitting the marriage for
religious purposes of a second wife
in the lifetime
whose ordinary jurisdiction, or of whose jurisdiction under this Act the marriage was solemnized or, the husband and wife reside or last resided together ... marriage with another woman” means marriage of any person, being married, to any other person, during the life of the former wife, whether the second
divorce in terms dissolves
the marriage. No incident of such dissolved marriage can
bridge and bind the parties whose marriage is dissolved by
divorce ... either party to the marriage. A decree of divorce breaks
the marriage tie. Incapacity for marriage of such persons
whose marriage is dissolved
