“Part 17 will bring one to any relationship anywhere between two Hindus solemnised shortly after the commencement of one’s Work is void in the event the during the go out of such relationship both people had a husband or wife way of living, hence the latest provisions from sections 494 and you can 495 ipc should apply accordingly. The marriage between a couple of Hindus is emptiness in view away from Area 17 in the event that a couple of standards try came across: (i) the marriage was solemnised after seksikkГ¤immГ¤t hollanti tytГ¶t the commencement of the Act; (ii) in the big date of such matrimony, either party had a wife way of life. Whether your labai within the March 1962 cannot be supposed to be ‘solemnised’, you to definitely matrimony won’t be gap from the virtue out of Section 17 of your Operate and Point 494 IPC doesn’t affect such as people towards the marriage since got a wife life style.”

Inside Rakeya Bibi v

twenty eight. So it v. [Heavens 1966 Sc 614 = 1966 step one SCR 539] The condition try once more considered from inside the Priya Bala Ghosh v. Inside Gopal Lal v. Condition Out of Rajasthan [1979 dos SCC 170 = Heavens 1979 Sc 713 = 1979 dos SCR 1171] Murtaza Fazal Ali, J., speaking to the Legal, seen since lower than: (SCC p. 173, para 5)

“[W]here a wife contracts one minute relationships while the first marriage continues to be subsisting the new spouse will be accountable for bigamy lower than Part 494 if it’s proved your next relationships was a legitimate one out of the feeling the called for ceremonies required for legal reasons otherwise because of the custom was in fact actually did. ”

31. Because of your own a lot more than, if an individual marries the second time inside the life of his spouse, including relationship besides becoming gap under Parts eleven and you will 17 of your Hindu Matrimony Operate, would also comprise an offence which individual will be liable becoming charged significantly less than Area 494 IPC. While Point 17 talks out of marriage between two “Hindus”, Point 494 will not relate to people religious denomination.

30. Today, transformation or apostasy cannot automatically break down a marriage already solemnised beneath the Hindu Relationships Work. It simply brings a footing to have divorce proceedings around Part 13. The relevant percentage of Area 13 will bring since less than:

“13. (1) One relationship solemnised, whether or not before or after the commencement for the Act, may, for the a great petition showed by the either the new partner or the partner, feel demolished by a good decree out-of separation and divorce on to the floor one the other class-

H.P Admn

31. Not as much as Part ten which provides to have official break up, conversion to a different religion has become a footing getting good finished because of the endment) Work, 1976. The original wedding, therefore, isn’t inspired therefore will continue to subsist. If your “marital” reputation is not influenced on account of the marriage however subsisting, his 2nd marriage qua the current relationship will be gap and regardless of transformation however become liable to feel prosecuted toward offence away from bigamy significantly less than Point 494.

32. Transform away from faith doesn’t melt the marriage performed beneath the Hindu Relationships Operate anywhere between one or two Hindus. Apostasy cannot give a conclusion the civil debt or new matrimonial thread, but apostasy is a footing having divorce or separation lower than Section thirteen since including a footing getting official separation significantly less than Area 10 of your Hindu y. As we have seen a lot more than, new Hindu y”. An extra relationship, into the lifetime of the brand new spouse, would-be gap lower than Parts eleven and you will 17, as well as becoming an offence.

33. In Govt. out-of Bombay v. Ganga ILR 1880 4 Bom 330 hence definitely is actually a case decided ahead of the coming into force of your own Hindu Wedding Work, it was kept by Bombay Highest Court one in which a beneficial Hindu married woman having an effective Hindu spouse way of life ”, she commits the fresh new offense of polyandry once the, by mere conversion, the previous wedding does not come to an end. One other choices centered on this concept was Budansa Rowther v. Fatima Bi Heavens 1914 Mad 192, Emperor v. Ruri Sky 1919 Lah 389 and you can Jamna Devi v. Mul Raj 1907 44 Pr 1907. Anil Kumar Mukherji ILR 1948 2 Cal 119 it had been stored you to definitely not as much as Hindu laws, this new apostasy of a single of partners will not melt the brand new wedding. Inside the Sayeda Khatoon v. Meters. Obadiah 1944-forty five 49 CWN 745 it actually was stored one a marriage solemnised into the India based on you to private law can not be mixed in respect to another private legislation simply because one of several parties keeps altered their faith.