living, such marriage would be
void under S.11 of the Hindu Marriage Act. Such a
marriage is also described as void under ... committed only if
the second marriage in point of time during the
subsistence of frst marriage is void.
Thus, the question that falls for consideration
Nata marriage by customs and therefore void under
section 17 of the Hindu Marriage Act, 1955-Whether voidness
of a marriage under section ... contracted a second marriage which according to
the custom prevalent amongst Tellis is a valid marriage
commonly known as nata marriage. This marriage was
contracted
respondent has solemnised a second
marriage during the subsistence of the first marriage with
the appellant, the second marriage being void, the
respondent is liable ... specific pleadings, evidence and proof of the alleged custom
making the second marriage void, no offence under Section
494 of the Indian Penal Code
presumption in favour of second marriage, still it does not make
second marriage legal. The children born out of second marriage
may be entitled ... such
marriage is permissible under personal law applicable to both
the parties to the second marriage. As marriage with a second
wife is void
fine."
The section does not in terras declare the second marriage void; but if under the law to which the parties are subject ... Hindus relating to marriage which permitted bigamy as a consequence of which the second marriage would be void; and would attract the provision in Section
living at the time of the second marriage and further that the second marriage was void by reason of its taking place during the life ... that therefore the first marriage was not dissolved and that consequently the second marriage was void.
10. The learned Sessions Judge has not believed
presumption in favour of second marriage, still it does not make
second marriage legal. The children born out of second marriage
may be entitled ... such
marriage is permissible under personal law applicable to both
the parties to the second marriage. As marriage with a second
wife is void
presumption in favour of second marriage, still it does not make
second marriage legal. The children born out of second marriage
may be entitled ... such
marriage is permissible under personal law applicable to both
the parties to the second marriage. As marriage with a second
wife is void
under section 11 of the Hindu Marriage Act, 1955, to declare the second marriage as null and void being performed in contravention of section ... aggrieved spouse of the first marriage on account of whose being living the second marriage is void, prosecutes the other spouse for being punished
second marriage, on conduct
of which the offence under Section 494 IPC arises. The
offence shall arise when such marriage (second
marriage in the event ... living, such marriage would be
void under S.11 of the Hindu Marriage Act. Such a
marriage is also described as void under
