Whether second marriage performed by wife when husband is missing for seven years is valid?
and deposed in favour of Avtar Singh that he never absconded. Avtar
Singh has established that Balbir Singh was very much alive when
Sawaranjit Kaur contracted second marriage with Avtar Singh.
Therefore, such a marriage solemnized by Sawaranjit Kaur with
Avtar Singh is patently illegal and is null and void.
Counsel appearing for Sawaranjit Kaur would further
contend that Sawaranjit Kaur was an illiterate woman. As her
husband had absconded for more than seven years she had
contracted second marriage.
Ignorance of law is no excuse. When the law lays down
that a marriage with another person during the subsistence of
marriage is null and void, Sawaranjit Kaur cannot hide herself behind the plea of illiteracy and seek for validity of the marriage.
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
FAO No. 309-M of 2003
DATE OF DECISION :- August 03,2015
Smt. Sawaranjit Kaur ...Appellant
Versus
Lt. Col. Avtar Singh and others ...Respondents
FAO No. M-256 of 2009
Balbir Singh ...Appellant
Versus
Swaranjit Kaur ...Respondent
CORAM: HON’BLE MR.JUSTICE M.JEYAPAUL
HON'BLE MRS. JUSTICE RAJ RAHUL GARG
Citation;AIR 2016(NOC)176 P&H
https://www.lawweb.in/2016/02/whether-second-marriage-performed-by.html
