“Section 17 provides one to people marriage between two Hindus solemnised shortly after the beginning of your Act try emptiness if the in the go out of such relationship often party had a husband or wife life style, and this new conditions out of sections 494 and you will 495 ipc will pertain appropriately. The marriage anywhere between a couple Hindus try gap because out of Area 17 in the event the a couple conditions are satisfied: (i) the marriage are solemnised following the commencement of your own Operate; (ii) within day of such marriage, often party had a spouse living. Should your labai when you look at the February 1962 can’t be said to be ‘solemnised‘, one relationship are not gap of the advantage from Part 17 of your own Act and you can Area 494 IPC will not apply at such as for instance functions towards the marriage as got a wife life.”
In Rakeya Bibi v
twenty eight. It v. [Sky 1966 Sc 614 = 1966 1 SCR 539] The matter was once again noticed from inside the Priya Bala Ghosh v. In the Gopal Lal v. County From Rajasthan [1979 dos SCC 170 = Sky 1979 South carolina 713 = 1979 dos SCR 1171] Murtaza Fazal Ali, J., talking to the Judge, noticed once the below: (SCC p. 173, para poder 5)
“[W]here a partner deals an extra relationships since very first relationship is still subsisting the brand new partner could be accountable for bigamy less than Part 494 if it is proved your second wedding are a legitimate one in the sense that called for ceremonies necessary by law otherwise by customized were in reality did. ”
30. In view of your own a lot more than, if a person marries an additional go out inside lifetime of his partner, particularly wedding except that being gap around Sections 11 and you can 17 of your Hindu Matrimony Operate, could form an offence hence individual would be accountable is prosecuted significantly less than Part 494 IPC. If you find yourself Area 17 talks from matrimony ranging from a couple “Hindus”, Area 494 doesn’t make reference to people religious denomination.
30. Today, sales otherwise apostasy cannot automatically break down a wedding already solemnised according to the Hindu Matrimony Act. They merely brings a footing for divorce below Area thirteen. The appropriate portion of Point 13 brings as the around:
“13. (1) People marriage solemnised, if just before otherwise adopting the commencement of Act, get, on the a petition shown from the often the new spouse and/or wife, become demolished by the a great decree regarding divorce or separation on to the floor you to definitely one other team-
H.P Admn
29. Under Section 10 that gives for official separation, transformation to another religion has become a ground to have an excellent ended of the endment) Work, 1976. The initial matrimony, for this reason, is not impacted plus it will continue to subsist. If your “marital” standing is not impacted because of the wedding nonetheless subsisting, their second wedding qua the present marriage might be emptiness and you can notwithstanding conversion process he would become liable to become sued on offense of bigamy around Section 494.
thirty-two. Change of faith doesn’t reduce the wedding performed beneath the Hindu Marriage Operate between a couple Hindus. Apostasy will not bring to a finish this new civil personal debt otherwise brand new matrimonial thread, but apostasy is a ground to possess separation around Point thirteen just like the along with a footing getting official break up around Part 10 of your Hindu y. Once we have seen above, new Hindu y”. The next relationship, for the lifetime of https://kissbrides.com/fi/sri-lankan-morsiamet/ the newest mate, might possibly be gap lower than Parts eleven and you will 17, and becoming an offence.
33. When you look at the Govt. out of Bombay v. Ganga ILR 1880 4 Bom 330 hence obviously is actually an incident felt like before the being received by force of your own Hindu Relationships Act, it was stored by the Bombay Large Legal one to where a beneficial Hindu married lady that have good Hindu husband traditions ”, she commits the fresh new offense of polyandry since the, from the mere sales, the earlier relationships cannot run out. One other decisions according to so it idea was Budansa Rowther v. Fatima Bi Sky 1914 Furious 192, Emperor v. Ruri Heavens 1919 Lah 389 and you can Jamna Devi v. Mul Raj 1907 49 Publicity 1907. Anil Kumar Mukherji ILR 1948 2 Cal 119 it absolutely was held you to definitely less than Hindu laws, the new apostasy of a single of spouses will not reduce the newest matrimony. In the Sayeda Khatoon v. Meters. Obadiah 1944-forty-five forty two CWN 745 it had been stored you to a married relationship solemnised inside India centered on one to individual rules can’t be mixed in respect to some other personal laws simply because they one of many functions provides altered his or her faith.
