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january 1988

Supreme Court of India · 1988-01-27

BAKULBHAI AND ANR. vs GANGARAM & ANR.

Citation / case number
SC 1986/69691
Court
Supreme Court of India
Petitioner
BAKULBHAI AND ANR.
Respondent
GANGARAM & ANR.
Author
L.M. SHARMA
Bench
L.M. SHARMA

Judgment text excerpt

The Supreme Court held that the appellant's claim for maintenance under Section 125 Cr.P.C. was not maintainable due to the respondent's prior marriages, which rendered the appellant's marriage void under the Hindu Marriage Act, 1955. The Court rejected the Judicial Magistrate's findings, emphasizing that if the respondent's first marriage was valid, the second marriage was void, thus invalidating the appellant's claim. The appeal was allowed, and the High Court's decision was upheld, denying relief to the appellant.

BAKULBHAI AND ANR. vs GANGARAM & ANR. · Niyam