marriage on any later date even though the marriage may or may not be valid.
27. The validity of the second marriage would ... marriage is null and void under Section 11 any child of such marriage who would have been legitimate if the marriage had been valid, shall
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
could not contract any valid second marriage. Section 5 of the Hindu Marriage Act provides that a marriage may be solemnized between any two Hindus ... spouse living at the time of marriage. Section 11 of the Hindu Marriage Act says that any marriage solemnized after the commencement of this
second marriage during the lifetime of the first
wife is not a valid marriage under the Hindu Marriage Act, 1955 and
therefore, the second wife ... widow would arise only if the marriage is the valid
marriage. Based on an invalid marriage, the second wife cannot claim the
status as “widow
widow would arise only if the marriage is a valid
marriage. Based on an invalid marriage, the second wife cannot claim the
status as “widow ... marriage prior to the
year 1955, i.e., before the Hindu Marriage Act , was considered as a valid
marriage. In those circumstances, when the second
conclusion that the exclusion of a
child born from a second marriage from seeking
compassionate appointment under the terms of the
circular of the Railway ... already been instituted on behalf of the
appellants for declaration of second marriage valid and Deepak Toppo is
the legitimate child of Sushma Toppo
Counsel would also submit that
even assuming that the marriage has not been proved, a valid marriage can be
presumed by long cohabitation. He would also ... Supreme Court had also concluded that a
valid second marriage could be presumed by long cohabitation.
36. Mr.S.Parthasarathy, learned Senior Counsel would also
that a marriage is null and
void, any child of such marriage, who would have been
legitimate if the marriage had been valid, shall ... second marriage, in the lifetime
of his first wife, in 1948 when madras Act XXII OF 1933 was
in force, which prohibited a second marriage
dismissed, the party
can go for second marriage without any legal obstacle. Such a
second marriage is always valid.
51. In the present case ... nullity. The second marriage will remain valid. The
decree of divorce once granted, correctly or incorrectly, puts an
end to the martial tie between
claim of maintenance will accrue only if the second marriage was a valid one.
10. In T.P.K. Natesan Chettiar V. Achiyayee Ammal ... Marriage Act , which laid down the conditions of a valid marriage had not come into force and therefore, those marriages were valid, though the second
