Hindu Marriage Act, 1955
Sections 5, 11 & 15—Order declaring marriage between parties as null and void—Appeal—Parties had got married during the pendency of the appeal that was in the knowledge of both the parties—Once there is a legal bar to the performance of the second marriage, the consent of the parties cannot confer the validity to a marriage held in violation of the condition specified in Section 5 (i) of the Hindu Marriage Act—Dissolution of first marriage was not confirmed and marriage was subsisting on the date of marriage of appellant with the respondent which was in contravention of Section 5 (i) of the Act—Even though appellant had already got married to the respondent, she claimed maintenance from the first husband in the pending appeal against first husband—Fact that appellant not only claimed but also accepted pendente lite maintenance during the appeal from the first husband fortifies that marriage was not finally dissolved—Family Court rightly declared the marriage between parties as nullity under Section 11 of the Hindu Marriage Act—Appeal dismissed.
[Paras 25 to 29]