| Loopholes
Section 7 (1) of the Hindu Marriage Act states: “A Hindu marriage may be observed in accordance with its customs and traditions.”Therefore, for a second marriage to work, you must meet the requirements of Section 7. And this section is a large open space or play area for the offence of bigamy. In the case of Bhaurao Shankar Lokhande v. State of Maharashtra, the Supreme Court held- “Prima facie, the word ‘anyone who marries ’should mean ‘who is legally married ’and has a valid marriage. If the marriage is not legal, according to the law applicable to the parties involved, there is no question of it’s being void because it took place during the lifetime of the spouse. If marriage is not a legal marriage, there is no marriage in the eyes of the law.”
The Court, however, continued - "The word 'solemnize' means' in relation to marriage, 'to celebrate marriage with proper ceremonies and proper manner'. Therefore, it follows that unless the marriage is ‘celebrated or performed in a proper manner, proper ceremonies and in due form’ it cannot be said to be ‘solemnized’. It is therefore important, for the purpose of sec 17 of the Act, that marriage under sec. 494 I.P.C. operates as a result of the provisions of the Act, which should have been celebrated with appropriate ceremonies and in an appropriate manner. Just attending certain ceremonies with the intention of getting the bride and groom married will not constitute a valid ceremony or any customary ceremony Prescribed by law.”
Share with your friends: |
