stated to be an eyewitness to
the alleged marriage. The said witness has deposed that
the marriage took place at his quarters ... valid marriage in law.
61. There is no clear or cogent evidence indicating that the
mandatory rituals constituting a valid Hindu marriage were
performed
succeed in the case, the
petitioner has to establish that a valid Hindu marriage has been
solemnized between the petitioner and the opposite party ... with proper application for a correct relief regarding
declaration that a valid Hindu marriage between the parties took
place.
20. In the result, this civil
alleged marriage
with the respondent, as no legal dissolution of the said marriage had taken
place. Hence, the alleged marriage with the respondent is void ... that under Section 5(i) of the Act
of 1955, a valid Hindu marriage can be solemnized only if neither party has a
spouse living
placed any material to demonstrate conversion to Hindu
religion, which is essential for a valid Hindu marriage. It is argued that in absence
of proof ... valid and subsisting first
marriage. The law is well settled that for constituting an offence of bigamy, the
first marriage must be legally valid
cannot be relied upon to justify or validate a second
marriage during the subsistence of the first marriage.
8 OA/310/01691/2024 ... second marriage is void ab initio under the applicable
personal law. As per Section 5(i) of the Hindu Marriage Act, 1955, a valid
Hindu
saptapadi when included, the
marriage will not be construed as a Hindu marriage. In other words, for
a valid marriage under the Act, the requisite ... marriage under Hindu law.
In effect a union of two persons under the provisions of the Act, by
way of a Hindu marriage gives them
belongs to the Christian religion and the respondent
is a Hindu, a valid marriage between them is possible only
under the provisions of the Special ... converted to Hinduism prior to
such ceremony. Under the Hindu Marriage Act, 1955 , a valid
marriage can be solemnized only between two Hindus. When
making the
marriage valid. Though the said marriage was registered
in terms of the provisions contained under the Kerala
Hindu Marriage Registration Rules ... Kerala Hindu Marriage Registration Rules, 1957,
was not preceded by any customary rites and thereby the
said marriage does not become valid in terms
making the
marriage valid. Though the said marriage was registered
in terms of the provisions contained under the Kerala
Hindu Marriage Registration Rules ... Kerala Hindu Marriage Registration Rules, 1957,
was not preceded by any customary rites and thereby the
said marriage does not become valid in terms
valid marriage solemnized between any two Hindus. The
said section is reproduced hereunder:
"5. Conditions for a Hindu Marriage.- A marriage may be
solemnized ... marriage;
(ii) at the time of the marriage, neither party-
18
2026:JHHC:1680-DB
(a) is incapable of giving a valid consent
