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Suresh Chandra Ghosh [1971 step one SCC 864 = Heavens 1971 South carolina 1153 = 1971 3 SCR 961]

5 بهمن, 1402 بدون دیدگاه

Suresh Chandra Ghosh [1971 step one SCC 864 = Heavens 1971 South carolina 1153 = 1971 3 SCR 961]

“Part 17 will bring you to definitely one relationship anywhere between a couple of Hindus solemnised just after the start of your own Work are void in the event that on big date of these relationships sometimes class got a loved one way of life, which the newest specifications of sections 494 and you will 495 ipc shall implement consequently. The wedding ranging from several Hindus is actually gap in https://kissbrides.com/fi/blogi/kuinka-aloittaa-keskustelu-tyton-kanssa/ view of Point 17 if the a couple of requirements is fulfilled: (i) the marriage is actually solemnised adopting the beginning of your Act; (ii) at date of these marriage, sometimes class had a wife lifestyle. In the event your labai inside the February 1962 cannot be allowed to be ‘solemnised’, you to wedding will not be gap from the advantage away from Area 17 of your own Operate and you can Part 494 IPC doesn’t apply to including people with the wedding while the got a spouse life.”

For the Rakeya Bibi v

twenty-eight. It v. [Heavens 1966 Sc 614 = 1966 step one SCR 539] The matter try once more sensed inside Priya Bala Ghosh v. Within the Gopal Lal v. State Away from Rajasthan [1979 dos SCC 170 = Sky 1979 South carolina 713 = 1979 dos SCR 1171] Murtaza Fazal Ali, J., talking to your Courtroom, observed just like the lower than: (SCC p. 173, con el fin de 5)

“[W]here a partner deals one minute relationship once the first relationships has been subsisting the new spouse could be accountable for bigamy less than Point 494 in case it is ended up your next marriage is a legitimate one in the sense that needed ceremonies required by-law otherwise of the customized was indeed in fact did. ”

31. Because of your own a lot more than, if one marries an extra day inside the lifetime of his wife, like matrimony other than are emptiness less than Parts eleven and you can 17 of one’s Hindu Marriage Work, could create an offence and therefore person will be liable become sued not as much as Point 494 IPC. If you are Section 17 speaks regarding relationships anywhere between several “Hindus”, Point 494 doesn’t consider any religious denomination.

31. Now, conversion or apostasy cannot instantly reduce a wedding currently solemnised in Hindu Matrimony Work. It simply brings a footing to have divorce or separation around Area thirteen. The appropriate percentage of Point 13 will bring because the around:

“13. (1) Any relationship solemnised, if or not in advance of or following beginning of this Operate, may, on an excellent petition demonstrated by the both the partner and/or spouse, getting demolished of the a beneficial decree out of divorce on the ground one to another team-

H.P Admn

31. Not as much as Area ten which provides to possess judicial separation, conversion process to some other religion happens to be a ground to have an effective finished by the endment) Act, 1976. The initial matrimony, ergo, isn’t affected therefore will continue to subsist. If the “marital” reputation is not impacted because of the marriage still subsisting, his second relationships qua the current matrimony might possibly be gap and you may regardless of transformation he would getting liable to getting sued into offence out of bigamy less than Area 494.

thirty-two. Changes from faith cannot melt the wedding performed according to the Hindu Matrimony Operate ranging from two Hindus. Apostasy does not provide an-end the brand new municipal financial obligation otherwise the fresh matrimonial bond, but apostasy are a footing getting divorce or separation under Section thirteen as including a ground to own judicial separation around Area ten of your own Hindu y. As we have experienced above, the newest Hindu y”. The next wedding, during the life of the brand new spouse, is emptiness below Sections 11 and 17, in addition to getting an offence.

33. In the Govt. out-of Bombay v. Ganga ILR 1880 4 Bom 330 and therefore of course try a situation felt like prior to the being received by push of Hindu Relationship Act, it actually was stored because of the Bombay High Judge that in which a Hindu hitched woman with a great Hindu husband life style ”, she commits the fresh new offense from polyandry since, because of the mere conversion, the last wedding doesn’t come to an end. Additional conclusion considering this concept is actually Budansa Rowther v. Fatima Bi Heavens 1914 Frustrated 192, Emperor v. Ruri Sky 1919 Lah 389 and you may Jamna Devi v. Mul Raj 1907 44 Advertising 1907. Anil Kumar Mukherji ILR 1948 2 Cal 119 it absolutely was stored that below Hindu rules, the fresh new apostasy of a single of your own spouses cannot melt brand new relationship. During the Sayeda Khatoon v. Yards. Obadiah 1944-45 forty two CWN 745 it was kept you to a married relationship solemnised into the India predicated on one personal laws can not be mixed according to a different private law simply because they one of the functions provides altered their particular religion.

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