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1972 Supreme(P&H) 261

HARBANS SINGH, BAL RAJ TULI
Tulsan Devi – Appellant
Versus
Krishni Devi – Respondent


Judgment

1. Shrimati Krishni Devi was married to Mangat on December 30, 1956. Some children were born out of the wedlock. Mangat died in 1964. Before getting married with Shrimathi Krishni Devi, Mangat had another wife living by the name of Shrimati Tulsan Devi and had some children for her. After Mangats death, a dispute with regard to the heirs to his property arose. It was pleaded on behalf of Smt. Tulsan Devi and her children that the marriage of Smt. Krishni Devi with Mangat was a nullity as after the coming into force of the Hindu Marriage Act (hereinafter called the Act), Mangat could not contract a second marriage in the presence of his first wife living and, therefore, her children had no right to succeed to the estate of Mangat after his death. This plea was accepted by the revenue official who sanctioned the mutation of the land left by Mangat in favour of his children from Smt. Tulsan Devi only. Smt. Krishni Devi filed a petition under Section 11 of the Act for a decree of nullity of her marriage with Mangat on January 28, 1966. This petition was dismissed in limine by the Senior Subordinate Judge, Karnal, on April 18, 1966, on the ground that a petition under Section 11















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