25 Jan Suresh Chandra Ghosh [1971 1 SCC 864 = Heavens 1971 South carolina 1153 = 1971 3 SCR 961]
“Point 17 provides you to definitely any relationships ranging from several Hindus solemnised shortly after the start of your own Act try emptiness if the on time of such matrimony both cluster got a loved one life, and that the newest specifications from areas 494 and 495 ipc will use appropriately. The marriage between a few Hindus is actually emptiness in view off Part 17 if a couple criteria try came across: (i) the wedding was solemnised following commencement of Work; (ii) during the big date of such marriage, often people had a partner life style. In the event the labai for the March 1962 can not be supposed to be ‘solemnised', one wedding will not be gap by virtue from Part 17 of Work and you may Point 494 IPC cannot affect such as functions toward matrimony just like the had a wife way of life.”
Inside Rakeya Bibi v
28. So it v. [Air 1966 Sc 614 = 1966 1 SCR 539] The matter is again felt from inside the Priya Bala Ghosh v. Within the Gopal Lal v. County Off Rajasthan [1979 2 SCC 170 = Air 1979 South carolina 713 = 1979 2 SCR 1171] Murtaza Fazal Ali, J., speaking on Court, noticed because lower than: (SCC p. 173, con el fin de 5)
“[W]right here a spouse agreements a moment matrimony as the first matrimony continues to be subsisting the newest mate might possibly be accountable for bigamy below Area 494 if it is turned-out that the 2nd relationships are a legitimate one in the feeling that the called for ceremonies requisite by law or because of the personalized was indeed actually did. ”
31. Because of over, if an individual marries another time into the longevity of his spouse, including wedding apart from are emptiness under Parts 11 and you can 17 of Hindu Marriage Operate, would compose an offense and that person was liable to-be prosecuted less than Point 494 IPC. While Part 17 speaks of wedding between two “Hindus”, Point 494 will not refer to any spiritual denomination.