Hindu Marriage Act - Consent Of First Wife Will Not Make Second Marriage Legal: Patna HC [Read Judgment]
5 years, 3 months ago

Hindu Marriage Act - Consent Of First Wife Will Not Make Second Marriage Legal: Patna HC [Read Judgment]

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A division bench of the High Court of Patna comprising Justices Hemant Kumar Srivastava and Prabhat Kumar Singh has held that the consent of the first wife does not give right to a man to solemnize second marriage during the lifetime of first wife. The counsel for the appellant submitted that though the departmental proceeding was initiated on the complaint made by the first wife of the appellant eventually, in the course of the proceeding, the first wife of the appellant filed an affidavit mentioning that the appellant had solemnized his marriage with Sunita Upadhyay with her permission and consent. The court while dismissing the appeal after hearing both sides, said that even if it is presumed that the first wife of the appellant had given him consent for second marriage, such consent of the first wife of the appellant does not give right to appellant to solemnize second marriage during the lifetime of the first wife under Hindu Marriage Act. Condition for a Hindu Marriage.- A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely: neither party has a spouse living at the time of the marriage; Taking note of this provision, the bench observed : "So far as contentions advanced on behalf of appellant is concerned, even if, it is presumed that the first wife of appellant had given her consent for second marriage then also, the aforesaid consent of first wife of the appellant does not give right to appellant to solemnize second marriage during lifetime of first wife" Case Details : Title: Binod Kumar Singh v. Union of India Case No: Civil Writ Jurisdiction No.

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