declaration that their marriage was void inasmuch as the previous marriage of the appellant with Sardul Singh subsisted on that date.
3. The appellant admitted ... averred that according to the custom prevalent, she could effect a valid second marriage even during the lifetime of her previous husband as the latter
exparte decree of divorce he had entered into a second marriage With Raj Kumari. The second marriage was performed according to Hindu rites ... performed at the time of solemnization of marriage. Unless the second marriage is valid and lawful and there are allegations in the complaint that marriage
marriage in the eye of Ifew because at the time of Shanti Devi's marriage Parkash Chand's previous marriage with Raj Rani ... Rani's consent to the re-marriage of Parkash Chand will not make his second marriage valid. Thus Shanti Devi's marriage with
person marrying arises. If the
marriage is not a valid marriage, it is no marriage in the
eye of law".
15. Again in interpreting ... that the
second marriage has been solemnized so as to attract Section
17 of the Act, it is essential that the second marriage should
have
person who, having a living
spouse, contracts a second marriage during the subsistence of the first valid
marriage. The provision does not contemplate prosecution ... standing
with Sandeep Kaur. In the absence of proof of a valid second marriage, the
very substratum of the offence under Section
valid
marriage and condition no.5(i) requires that neither party to the petition
has a spouse living at the time of marriage. Any marriage ... second
marriage was held to be a valid one. In the absence of proof regarding
dissolution of first marriage and custom validating the second marriage
marriage in the eye of law because at the time of Shanti Devi's marriage Parkash Chand's previous marriage with Raj Rani ... consent to the remarriage of Parkash Chand will not make his second marriage valid. Thus Shanti Devi's marriage with Parkash Chand
name would in the given
circumstances of a broken marriage or even no marriage is absolutely
unnecessary and the passport authorities have only to ensure ... well through processes other than the process of
court such as valid second marriage and it would be in the fitness of
things that such
second marriage during the lifetime of Surjit Kaur-re-spondent. It does not refer to time, day and place of second marriage much less ... marriage is still subsisting the spouse will be guilty of bigamy under this section, if it is proved that the second marriage was a valid
contracted the first
marriage,
(2) that while the first marriage was subsisting the spouse
concerned must have contracted a second marriage, and
(3) that both ... second marriage having been performed and that marriage not
Crl.Misc.No.M-21862 of 2009 (O&M) -5-
being a valid marriage. Here
