Sunday, July 14, 2013

Hindu Marriage Act, 1955 - Sections 5(i), 11 and 13 - Second Marriage

Hindu Mar­riage Act, 1955 — Sec­tions 5(i), 11 and 13 — Sec­ond Mar­riage — Hindu Mar­riage Act, 1955 — Sec­tions 5(i), 11 and 13 — Sec­ond Mar­riage — Cus­tom­ary Divorce — Proof of — Appeal against grant of declar­ing appellant?s mar­riage with respon­dent as null and void — Admit­tedly, appellant-wife ear­lier got mar­ried to one ?G? from whom she obtained a reg­is­tered doc­u­ment of ?Chhor Chithi? — Appel­lant, after obtain­ing ?Chhor Chithi?, con­tacted sec­ond mar­riage with respon­dent — Respon­dent filed peti­tion for dec­la­ra­tion of his mar­riage with appel­lant as a nul­lity — Grant of decree in favour of respondent-husband — Appeal by wife — Appel­lant wife failed to prove the exis­tence of such cus­tom­ary divorce in their com­mu­nity — Admit­tedly, appel­lant not obtained a decree of divorce from Court — In absence of decree from Court, Ist mar­riage of appel­lant still in sub­sis­tence when she went through 2nd mar­riage with respon­dent — No infir­mity in the impugned decree — Appeal of wife liable to be dis­missed. To get cita­tion of this judg­ment email link of this post to advppc1@gmail.com



Hindu Marriage Act, 1955 - Sections 5(i), 11 and 13 - Second Marriage

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