Injunction Against Bigamous Marriage: Legal Rights in India

2024 0 Supreme(Ker) 87

That means, primarily those can be the marriage itself and the surrounding occurrences in connection with marriage. The main requirement is that such ‘circumstances’ must have a direct bearing on marriage, since the marriage precedes, the existence or origin of a marital relationship. ... Nil, 2023 (4) KHC 203 has held that, ‘marriage’ referred to in the preamble of the Family Courts Act only denotes #HL_....

2025 0 Supreme(Kar) 42

and injunction. ... Whether or not plaintiff's marriage fulfills all the technical conditions of the Foreign Marriage Act is a matter to be examined at the final stage of the suit and not during the consideration of temporary injunction. ... The interim injunction granted in favour of the plaintiff shall continue to operate until the disposal of the suit. Under the circumstances, the costs made easy. ... ....

2024 Supreme(BD)(SC) 8864

2 and thus violated the Court’s order of temporary injunction. ... restraining the defendants from registering any marriage or ... Defendant 1 registered the marriage of defendant is that he is the Marriage

2024 0 Supreme(All) 1116

The year of marriage between Bhagirathia and Mahadeo was pleaded through amendment as 1919. ... There is another very significant aspect as to why the decree of injunction could not be passed. ... It accepted the plea of defendants as regards performance of marriage between Bhagirathia and Mahadeo in the year 1919 and also birth of offsprings from the said wedlock. ... (b) As a suit for injunction simpliciter is concerned....

2023 0 Supreme(Mad) 2988

Shamsudeen (D) through LRs. and the Hon’ble Supreme Court held that the marriage could only be an irregular marriage and not a void marriage. ... marriage with Samsudeen Rawther. ... , but merely an irregular (fasid) marriage.” ... (3) The issue of the Marriage is legitimate. But an irregular Marriage though consummated does not create mutual rights of inheritance betw....

2023 0 Supreme(All) 1074

between the parties to a marriage with respect to the property of the parties or of either of them; (d) a suit or proceeding for an order or injunction in circumstances arising out of a marital relationship; (e) a suit of proceeding for a declaration as to ... Such a marriage is no marriage at all and any spouse can ignore such a marriage". In R. v. ... Therefore, our view is that where a marria....

2023 0 Supreme(Raj) 1335

Therefore, it is evident that if a party to the marriage has a spouse living at the time of marriage, the said marriage cannot be held to be a valid marriage. Section 5 has to be read with Section 17. ... said marriage and it also makes the said second marriage an offence punishable under Section 494 IPC. ... He also contends that the contents of the complaint do not disclose as to when ....

2023 0 Supreme(Raj) 1339

Therefore, it is evident that if a party to the marriage has a spouse living at the time of marriage, the said marriage cannot be held to be a valid marriage. Section 5 has to be read with Section 17. ... said marriage and it also makes the said second marriage an offence punishable under Section 494 IPC. ... He also contends that the contents of the complaint do not disclose as to when ....

2023 0 Supreme(Mad) 989

Therefore, if a document is relied upon to prove the factum of marriage, it must have a direct nexus to the fact of marriage. In other words, the document must relate only to the marriage between a man and woman and only then, it can be taken to be an evidence as a proof of marriage. ... That apart, both these witnesses were not able to prove that there was a marriage performed between A1 and A2. A #HL_ST....

Colombo, 2090/N Bigamy-Marriage (general)-Second marriage contracted by husband after conversion to Islam-Second wife also a convert to Islam-Validity of the second marriage -Marriage Registration Ordinance, a». 18, 64-Muslim Marriage and Divorce Act-Kandyan Marriage and Divorce ... spouse of the previous marriage is alive and the marriage is subs....

2022 0 Supreme(Del) 2010

Though, the relationship of the parents-in-laws and daughter-in-law is created because of marriage only, they are not the parties to marriage. For application of Section (7) (1) Explanation (c) and (d) of the Family Courts Act, the suit shall be exclusively between the parties to a marriage, that is to say only the husband and wife. In my considered opinion, for any injunction, matter to be covered under this explanation, the suit shall be between the parties to a marriage.

2022 0 Supreme(Mad) 428

2. The appellant herein as plaintiff has instituted a suit in O.S.No.195 of 2007 on the file of the trial Court for mandatory injunction directing the second defendant to cancel the marriage application given on 23.02.2007 and to pass a decree for permanent injunction proceeding with the solemnization of any marriage of the plaintiff with the first defendant under the second defendant under the Special Marriage Act, 1954, wherein, the respondents have been shown as the defendants.#HL....

2015 0 Supreme(Mad) 2599

Any marriage between them whether legally valid or not in view of its bigamious nature could only be a registered marriage under the Special Marriage Act. Hence, the Children of Chandra who are the plaintiffs herein cannot claim even as the illegitimate child born of a void marriage. As such, the plaintiffs are not the heirs of Kumaresan even if the later was the putative father. However, there was no marriage between Chandra and Kumaresan.

2012 7 Supreme 478

A further declaration that the marriage between the parties is subsisting and for a decree of perpetual injunction restraining the husband from marrying again was also prayed for in the suit. While the aforesaid suit was pending, the appellant-wife filed an application under Section 151 of the Code of Civil Procedure to recall/set aside the judgment and decree dated 03.06.2003 passed in the divorce proceeding between the parties. The respondent-husband filed written statement....

2012 0 Supreme(UK) 481

A further declaration that the marriage between the parties is subsisting and for a decree of perpetual injunction restraining the husband from marrying again was also prayed for in the suit. 5. After the expiry of a period of almost three years from the date of decree of the divorce granted by the learned trial court, the appellant-wife instituted a suit seeking a declaration that the decree of divorce dated 3.6.2003 is null and void on the ground that her consent was obtai....