Citations
Querist :
Anonymous
(Querist) 27 January 2012
This query is : Resolved
sir plz provide me judgments whose marriage is declared as null and void u/s 11 of hma on the grounds spouse's earlier marriage is in subsisting before second marriage. i filed my case u/s 11 of hma of my own. i mean i want to argu the case of my own. one person is guiding me.
Devajyoti Barman
(Expert) 27 January 2012
This is really sickening.
How many times would you post the same query?
Shailesh Kumar Shah
(Expert) 27 January 2012
no need to repeating. Try to understand 1+1 always 2, its never 3 or 1.
if you not satisfied, then search own at: www.indiankanoon.org
V R SHROFF
(Expert) 27 January 2012
YOU SAID "one person is guiding me."
Keep only one Person.
It is better to keep only one Guide, One Wife, One Life, One Husband.
Do not mix. Let your person find it out. Give him full opportunity. after all he is helping you.
Advocate. Arunagiri
(Expert) 27 January 2012
If you accept any body as your guide, trust him and take his help.
ajay sethi
(Expert) 27 January 2012
do google search you will get all ciations you want
manoj joshi
(Expert) 27 January 2012
regd.
manoj joshi
advocate
9927822660
Raj Kumar Makkad
(Expert) 28 January 2012
#Joshi!
This is not the way to advertise here.
Raj Kumar Makkad
(Expert) 28 January 2012
Second marriage, during the subsistence of the first marriage, is illegal in India and the relationship arising from the same does not have any validity. Even though the law is very clear on this point, 'second marriage' is a common practice in Indian society. As a result of the aforementioned contrast between the law and social practice, second wives in India have little protection under the law.
With the commencement of Hindu Marriage Act, 1955 (HMA), one of the condition provided for a valid for a valid marriage was that neither party should have a spouse living at the time of the marriage. Under the old law, there was a bar against a woman marrying a second husband while her first husband is alive unless custom permitted her. There was no such bar against men, till some States passed laws for prevention of bigamous marriages, and introduce the principle of monogamy among Hindus. After 1955, with the help of the aforementioned provision and Section 11, Hindu Marriage Act, second marriages came be declared null and void ab initio. In this behalf, under the Hindu Marriage Act it is necessary is a marriage according to the customs and rites, and secondly, that the spouse of the first marriage was a legally wedded spouse and the second marriage was subsisting on the date of the second marriage.
The social stigma attached with being a second wife, the absence of any legal status to the relationship, and the enormous pain of being cheated into the marriage are undoubtedly extremely depressing for a woman. Even though there is no recognition given to a second wife, due to the judicial interpretation of existing law as discussed above, she may have some chances of getting maintenance. In the absence of any clear provisions under the law, her chances of claiming her rights are largely dependent on the discretion of the judges.
Even under the criminal law, it is extremely to prove bigamy, as the marriage has to be validly performed to prove the offence of bigamy. Usually these loop holes in the law are exploited by men to defend themselves in such cases.
Raj Kumar Makkad
(Expert) 28 January 2012
With the commencement of Hindu Marriage Act, 1955 (HMA), one of the condition provided for a valid for a valid marriage was that neither party should have a spouse living at the time of the marriage. Under the old law, there was a bar against a woman marrying a second husband while her first husband is alive unless custom permitted her. There was no such bar against men, till some States passed laws for prevention of bigamous marriages, and introduce the principle of monogamy among Hindus. After 1955, with the help of the aforementioned provision and Section 11, Hindu Marriage Act, second marriages came be declared null and void ab initio. In this behalf, under the Hindu Marriage Act it is necessary is a marriage according to the customs and rites, and secondly, that the spouse of the first marriage was a legally wedded spouse and the second marriage was subsisting on the date of the second marriage. In case of a spouse unheard of for more than 7 years, a presumption can be drawn under Section 108 of the Indian Evidence Act, 1872 (Evidence Act) that the spouse is dead. In such an event, the other spouse can marry a second time on the ground that the former marriage is dissolve due to the civil death of his/her spouse. This was held in Lalchand Narwali v. Mahant Ram Rupgir . Also it is important to note that as a second marriage is void even if it is not declared as void, a third party interested in the marriage (the first wife) can also get the second the second marriage declared as null and void.
Ishwar Singh v. Smt Hukum Kaur
AIR 1965 All. 465
Raj Kumar Makkad
(Expert) 28 January 2012
Trailokya Mohan v State of Assam
AIR 1968, Assam 22
Naurang Singh v. Sapla Devi
AIR 1968 All. 1958.
Devajyoti Barman
(Expert) 28 January 2012
Mr makkad did not notice our common displeasure to this query.
Shonee Kapoor
(Expert) 29 January 2012
:-)
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
M/s. Y-not legal services
(Expert) 28 January 2012
