Supreme Court of India · 2004-12-13
Rameshchandra Rampratapji Daga vs Rameshwari Rameshchandra Daga
- Citation / case number
- AIR 2005 SUPREME COURT 422
- Court
- Supreme Court of India
- Petitioner
- Rameshchandra Rampratapji Daga
- Respondent
- Rameshwari Rameshchandra Daga
- Bench
- D. M. Dharmadhikari, H. K. Sema
Judgment text excerpt
The Supreme Court held that the second marriage of the wife was declared null and void under Section 11 and Section 5(i) of the Hindu Marriage Act, 1955, as her first marriage had not been legally dissolved. The Court emphasized that a valid marriage requires compliance with statutory provisions, and since the wife's previous marriage was not annulled by a court decree, her subsequent marriage was invalid. The Court upheld the maintenance order for the wife and child despite the nullity of the second marriage, ensuring financial support for them.