Shylaja with Premajan valid. Therefore, the moot point to be analysed is whether there was a valid second marriage during the life time of Shylaja ... valid marriage and when there is no specific evidence regarding their performance, whether the marriage conducted in such situation, would be valid
right in assuming that
the marriage of 6th defendant with
Padmanabha Kurup is valid without
establishing the customary marriage
propounded by the 6th defendant which ... late Padmanabha Kurup, the presumption
regarding the existence of a valid second marriage ought
not have been drawn by the courts below. Once the
presumption
marriage between her and the accused
subsisted when the accused is imputed of entering into the second
marriage and also that the second marriage ... first valid marriage (2) the accused spouse
during the subsistence of the previous valid marriage contracted a
Crl.A.250/02 - 9 -
second marriage
portion of the same,
along with the widow from a legally valid second marriage. This
issue has not been apparently considered by the learned ... second respondent. Her stand is logical to her
cause because she is the widow from a legally valid second
marriage and she asserts that
second respondent.
4. The allegation in the complaint was that there
was a second marriage conducted by the first accused while
the marriage ... there is no finding regarding as to whether there was a valid
second marriage or not. But, the court below acquitted the other
accused persons
that there is no abetment and that there is no valid 2nd
marriage.
2. Having heard, I find that the resolution of the dispute ... after taking evidence. The question as to whether
there is a valid second marriage, is a matter of evidence.
Therefore, I find no reason
marriage
with the accused/husband was not strictly legal in view
of an earlier marriage of the accused/husband. ( Hers
was also a second marriage ... filed
against the husband by such a "second wife" whose
marriage is not legally valid is maintainable under
section 498A IPC. If then
delay long after the second marriage of the petitioner. Since, according to the petitioner, the second marriage is valid under Section ... Madh Pra 194 has in similar circumstances held that the second marriage is perfectly valid as the earlier marriage had been dissolved by the decree
dissolution of his first marriage with Theresa, and
subsequent dissolution of marriage will not ratify the marriage
allegedly solemnized between Sunny and the petitioner ... subsequent dissolution of
marriage between Sunny and Theresa will not validate the second
marriage. Therefore, Adv. Prenjith Kumar submitted that, the first
wife, Theresa, alone
complainant must also prove the alleged second
marriage, that it was validly solemnized, in accordance
with the customs and ceremonies prescribed ... marriage is the fact of a legal marriage or a valid
marriage which would otherwise be void due to the
subsistence of the first marriage
