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january 1988

Supreme Court of India · 1988-01-27

SMT. YAMUNABAI ANANTRAo ADHAV A vs RANANTRAo SHIVRAM ADHAV AND ANOTHER

Citation / case number
SC 1983/65934
Court
Supreme Court of India
Petitioner
SMT. YAMUNABAI ANANTRAo ADHAV A
Respondent
RANANTRAo SHIVRAM ADHAV AND ANOTHER
Author
L.M. SHARMA
Bench
L.M. SHARMA

Judgment text excerpt

The Supreme Court held that a marriage conducted under Hindu rites while one party has a living spouse is a complete nullity under Section 11 of the Hindu Marriage Act, 1955, and thus, the woman is not entitled to maintenance under Section 125 of the Criminal Procedure Code, 1973. The Court emphasized that Section 5(1)(i) of the Hindu Marriage Act requires both parties to be unmarried at the time of marriage, and any marriage violating this condition is void ab initio. Consequently, the appeal for maintenance was dismissed as the appellant's marriage was deemed non-existent in law.

SMT. YAMUNABAI ANANTRAo ADHAV A vs RANANTRAo SHIVRAM ADHAV AND ANOTHER · Niyam