“Section 17 provides you to people relationship ranging from a few Hindus solemnised immediately following the start of the Act are gap if the from the big date of such wedding possibly cluster had a wife or husband life style, and this new conditions away from parts 494 and you will 495 ipc shall incorporate appropriately. The wedding ranging from one or two Hindus is actually void in view off Part 17 if the a few requirements is actually met: (i) the wedding is solemnised following commencement of Work; (ii) on big date of such relationships, either class got a spouse lifestyle. In the event your labai for the February 1962 cannot be said to be ‘solemnised’, one matrimony may not be void by the advantage out of Point 17 of the Operate and Point 494 IPC cannot affect particularly events on relationship since got a wife living.”
From inside the Rakeya Bibi v
twenty eight. Which v. [Heavens 1966 Sc 614 = 1966 step 1 SCR 539] The matter is once again felt during the Priya Bala Ghosh v. Into the Gopal Lal v. State Regarding Rajasthan [1979 dos SCC 170 = Sky 1979 Sc 713 = 1979 dos SCR 1171] Murtaza Fazal Ali, J., speaking for the Courtroom, seen given that lower than: (SCC p. 173, para poder 5)
“[W]here a partner agreements the second relationships once the first relationship continues to be subsisting the latest mate could be responsible for bigamy significantly less than Point 494 if it’s ended up the next matrimony is a valid one out of the sense your called for ceremonies needed legally otherwise by the individualized was actually performed. ”
29. Because of a lot more than, if an individual marries a second day when you look at the life of his partner, particularly matrimony besides becoming gap less than Sections 11 and 17 of your own Hindu Marriage Operate, could form an offense and therefore people would be responsible becoming sued less than Point 494 IPC. While you are Area 17 speaks regarding wedding ranging from a couple “Hindus”, Section 494 cannot reference any religious denomination.
29. Today, sales otherwise apostasy does not immediately break down a married relationship currently solemnised beneath the Hindu Relationship Work. They only brings a footing getting divorce less than Area 13. The relevant portion of Section thirteen will bring just like the less than:
“thirteen. (1) Any marriage solemnised, whether in advance of otherwise following beginning for the Act, may, on the an effective petition demonstrated by the often new partner or the partner, become demolished by the a beneficial decree of split up on to the ground you to definitely additional class-
H.P Admn
29. Around Section ten which provides for judicial separation, conversion process to another religion has grown to become a footing having a good finished from the endment) Operate, 1976. The original marriage, therefore, is not influenced and it continues to subsist. If for example the “marital” condition isn’t impacted because of the marriage still subsisting, his 2nd relationship qua the current marriage is gap and you may despite transformation he would be liable to be prosecuted to your offense off bigamy around Point 494.
thirty two. Transform away from faith will not reduce the marriage did according to the Hindu Matrimony Work ranging from two Hindus. Apostasy doesn’t bring to a conclusion the new municipal loans or the brand new matrimonial bond, but apostasy kokous Kazaksta naiset is a footing for splitting up below Section 13 since the and a footing having judicial separation significantly less than Section ten of your Hindu y. Even as we have seen significantly more than, the newest Hindu y”. The next wedding, into the longevity of the partner, might possibly be gap significantly less than Parts 11 and you will 17, besides becoming an offence.
33. During the Govt. out of Bombay v. Ganga ILR 1880 cuatro Bom 330 hence however was an instance decided prior to the coming into push of your own Hindu Relationships Work, it absolutely was stored from the Bombay Highest Courtroom you to definitely in which a Hindu partnered lady having an effective Hindu husband life style ”, she commits the fresh offense off polyandry due to the fact, from the simple conversion, the previous wedding will not run out. Another choices centered on it idea is actually Budansa Rowther v. Fatima Bi Heavens 1914 Upset 192, Emperor v. Ruri Heavens 1919 Lah 389 and you will Jamna Devi v. Mul Raj 1907 49 Pr 1907. Anil Kumar Mukherji ILR 1948 2 Cal 119 it absolutely was kept one to less than Hindu law, the latest apostasy of one of partners doesn’t break down the latest wedding. In the Sayeda Khatoon v. Meters. Obadiah 1944-forty five 49 CWN 745 it had been held one a married relationship solemnised in the Asia based on you to definitely personal legislation can not be mixed according to some other private rules given that they one of the events has altered their particular faith.