That it section lays off because less than:
18. Therefore, Section 5(i) discover which have Area eleven demonstrates that people wedding with a man whose prior marriage was subsisting on the go out of wedding, could well be emptiness abdominal initio.
19. The new voidness of your own wedding are next conveyed within the Part 17 of one’s Act where the abuse to possess bigamy is even offered.
“17. Discipline out of bigamy.-One matrimony between a couple of Hindus solemnised pursuing the commencement on the Operate is emptiness in the event that within go out of these relationship both party got a wife or husband traditions; therefore the provisions out-of Areas 494 and 495 of one’s Indian Penal Code (forty-five out-of 1860) should implement appropriately.”
20. The initial element of so it area declares you to a marriage anywhere between one or two Hindus that’s solemnised following the commencement of this Operate, might be emptiness when the towards the big date of such wedding often party got a wife or husband traditions. This has become pointed out over this option of one’s important requisites to possess a valid Hindu marriage, because set out for the Area 5(i), is that often group cannot has a wife life towards the the fresh new day out-of relationships. This might be regular from inside the Part 17. Aforementioned element of that it point tends to make Parts 494 and you may 495 of the Indian Penal Password appropriate to help you such as for example marriages of the resource.
“494. -Anyone who, which have a husband or wife living, marries whatever the case in which such as for example relationships try emptiness of the reason of their taking place when you look at the life of including spouse otherwise spouse, should be punished with imprisonment out of often malfunction having a phrase that could offer to help you 7 decades, and you can should even be prone to okay.
Exception.-This section will not increase to virtually any individual whoever marriage that have including husband or wife could have been stated gap of the a court from competent jurisdiction,
Read More