In a case of second marriage with the consent of one party, the Delhi High Court, while giving an important decision, said that under the Hindu Marriage Act, if one of the spouses gives consent to the second marriage with the consent of one party, then the second marriage will not be considered valid. There is a stop. Law. Marriage. Alive.. In this case the consent of one party cannot make the marriage of the other party valid.

Jagran correspondent, New Delhi. HC News Delhi: In a case of second marriage with the consent of one of the spouses, the Delhi High Court, while giving an important decision, said that according to the Hindu Marriage Act, if one of the spouses gives consent to the second marriage, So the law prohibits second marriage. Marriage. still alive. Yes.

In this case, the consent of one party does not make the marriage of the other party valid. A bench of Justices Suresh Kumar Kait and Neena Bansal Krishna said that under Section 5(I) of the Act, there should be no spouse when marrying for the second time.

The second marriage was annulled by the family court.

The court made this comment while rejecting the wife’s petition challenging the family court order. The Family Court accepted the husband’s petition and declared the woman’s second marriage invalid. Both of them got married in 2009.

The woman was previously married to a man and got divorced in 2008. However, her first husband appealed against the divorce benefit. The wife admitted that she came to know about the appeal pending against her first husband only in December 2008, but the appeal was withdrawn in 2012, more than four years later.

Subsequently, due to differences between the parties regarding the second marriage, the second husband filed an application for annulment of the marriage on the grounds that it was his wife’s first marriage. He claimed that his wife’s second marriage was invalid while the first marriage existed.

The Family Court held that the second marriage was invalid because at the time of the woman’s marriage the first husband’s appeal was pending and the marriage was still subsisting. The judge, while upholding the family court order, noted that the wife married her second husband in 2009 even though she knew that the first husband’s appeal was pending.

Report input- Vineet Tripathi