marriage with complainant, solemnized a second marriage with accused
no.2 by performing necessary rites and ceremonies of a valid marriage.
15. Offence under Section ... found to be a valid marriage,
then Section 17 of the Hindu Marriage Act makes the said second marriage void which
took place during
valid divorce. It is argued that the marriage of respondent no. 5
with the deceased was void, and she is not entitled to any share ... declaration
has been sought by the petitioner to declare the second marriage void
and even otherwise, as per the Hindu Succession Act, 1956 , even
Hindu Marriage Act provides that second marriage of a
person when first spouse is living is void ... Even if such a second marriage
is performed with the consent of earlier spouse still the second marriage
would be void. The petitioner
first marriage, his second marriage was also duly solemnized.
In order to find out as to whether marriage is void for the purpose of section ... date of the marriage he or she has a spouse living of the earlier
marriage, such marriage is void and secondly, the provisions of section
Hindu Marriage Act provides that second
marriage of a person when first spouse is living is void ... Even if such a
second marriage is performed with the consent of earlier spouse still the
second marriage would be void. Admittedly, in this case
legally wife of Sh.
Chander Singh Rawat and during subsistence of her marriage the
deceased married another lady namely Mangli Devi and that being ... family pension of late Sh. Chander Singh Rawat as the second
marriage is void abinitio. For the offence of bigamy, defendant had also
filed
Poonam is the
married daughter of the deceased from his first marriage
with R4.
PW1 was only cross examined by ld counsel ... legal representative includes a wife
but not the second wife whose marriage is void.
But a second wife who is dependent upon the
deceased, also
void marriage, voidable
marriage and conditions and ceremonies regarding Hindu marriage.
Section 5 (i) of Hindu Marriage Act states that the marriage may be
solemnized ... marriage took place in contravention to
Section 5 (i) of Hindu Marriage Act, then such marriage may be declared
as a void marriage only
Section 5 . The
second marriage of a person when first spouse is living, is void ... Even
if such a second marriage is performed with the consent of earlier
spouse, the second marriage would be void.
28. In view
corresponding averments in the Plaint on the
subsistence of her prior marriage at the time she entered matrimony
with the son of Plaintiff, has throughout ... that in a suit for declaration of the second marriage as void, direct
evidence may not be expected to be led as the evidence
