“Point 17 brings one people relationship between a couple Hindus solemnised immediately after the start of one’s Work try emptiness in the event the at time of these marriage both cluster got a wife or husband living, which new conditions away from sections 494 and 495 ipc shall use appropriately. The wedding anywhere between two Hindus is void because of Part 17 in the event that one or two requirements are met: (i) the marriage was solemnised following commencement of one’s Operate; (ii) from the go out of such wedding, often cluster got a spouse life style. If the labai from inside the March 1962 can’t be supposed to be ‘solemnised’, you to definitely marriage won’t be void from the advantage out-of Area 17 of Operate and you can Part 494 IPC cannot apply to such functions on relationships because had a wife traditions.”
Inside the Rakeya Bibi v
28. It v. [Sky 1966 Sc 614 = 1966 1 SCR 539] The problem try again felt within the Priya Bala Ghosh v. Into the Gopal Lal v. County Away from Rajasthan [1979 dos SCC 170 = Heavens 1979 Sc 713 = 1979 2 SCR 1171] Murtaza Fazal Ali, J., talking towards the Judge, noticed because lower than: (SCC p. 173, para 5)
“[W]here a spouse agreements another marriage because the basic marriage continues to be subsisting the lover might be responsible for bigamy significantly less than Section 494 if it is ended up your next wedding is a valid one out of the sense that required ceremonies called for legally otherwise from the custom had been in reality did. Read more