Remarriage After 10-Year Elopement: Legal in India?

induced to consent to marry the woman in order to save his brother. ... He said he neither knew nor suspected anything of his daughter's misconduct until her elopement; that he now knew her seducer was Lawaneris and not Cornelis; and that he refused his consent because the latter had no affection for or desire to marry the woman on his own part, but merely wished ... The woman Gunerishami left her parents' house on the night of 16th November, 1903, and has since#HL_EN....

2022 0 Supreme(Manipur) 142

Further, the Court has observed: 'To summarise the legal position that emerges from the above cases, the 'consent' of a woman with respect to Section 375 must involve an active and reasoned deliberation towards the proposed act. ... and wife since they will be marrying legally by the so called Court marriage. ... Since the petitioner apprehend arrest from the hands of the respondent Police, he prayed for anticipatory bail. 4. ... Additional PP also submitted that he has no objection in granting pre-arrest bail to the pet....

This raises this important question: Can a man after the death of his wife marry a woman with whom during the lifetime of his wife he has been living in adultery ? ... As to the capacity to marry in that direction it was liberal, and knew but few restrictions, and the fact that the man and woman had lived together before marriage, so far from being a disqualification, would I think by the Kandyans have been thought a good reason for making the woman an honest #HL....

, for he had got married to another woman on 31st May 1951. ... D. 137] where Sutton J. held that an action for breach of promise cannot be founded on a promise made by a man who was already married. The reason is that as marriage was not possible between the parties, an action cannot therefore be based on the contract to marry. ... R. 265.] that an action for damaged for breach of promise of marriage brought by a woman against a man who was married at the time he made such promise w....

It is impossible to say of a woman who during the subsistence of a valid marriage deserts her husband for another man-especially when as in this case her marriage has not yet been dissolved-that she has gone out in diga. ... She did not and could not contract another marriage or even enter into a relationship with another man which under the Kandyan customary law would have been regarded as a marriage, during the subsistence of her marriage with Appuhamy. ... Bandi Etana deserte....

2024 0 Supreme(Kar) 375

However, a man on a false promise of marrying a woman and having sexual relationship with the woman would lead to the prosecution's case of rape. The law, therefore, creates a fictitious assumption that the man is always in a position to dominate the will of the woman. ... As per the Clause - Fourthly, with her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she ....

I do not think that one can conceive of a husband and wife mutually agreeing that the wife should elope with a man. But it is sufficient to say that after her elopement renouncing the marriage tie, parties reconciled themselves to the situation created by her act. ... Nagappen and another in Mutukisna's Tesawalami, page 181, and in Chellappa and another v. Valliamma and another (supra). I may say at this stage that plaintiff did not get into the witness box and give evidence. ... and Porter J. i....

2024 0 Supreme(Raj) 1316

Since many generations, virginity of a woman is considered precious and there is amoral taboo that it is a responsibility of a woman to be a virgin at the time of marriage. ... The prosecutrix has also alleged in the statement recorded under Section 164 CrPC that the petitioner established physical relations with her on the false pretext of marrying her but it is worth pondering upon that how can an already married woman agree to establish physical relations with another man ... Under ....

2024 Supreme(Online)(RAJ) 29214

Since many generations, virginity of a woman is considered precious and there is amoral taboo that it is a responsibility of a woman to be a virgin at the time of marriage. ... The prosecutrix has also alleged in the statement recorded under Section 164 CrPC that the petitioner established physical relations with her on the false pretext of marrying her but it is worth pondering upon that how can an already married woman agree to establish physical relations with another man ... Under ....

The property since Periya Tamby's death has been enjoyed as though the marriage was a legal one. A short time ago Tangamma died leaving three aunts surviving. ... As to the want of the thali ceremony, the woman was a widow before she married Peria Tamby, and it is possible that a Hindu widow who marries a second time does not wear a thali. 8th June, 1900. Bonser, C.J. ... By the law of this Colony there is no objection to a man marrying his wife's sister, and therefore there is nothing in the way o....

2011 0 Supreme(Pat) 1832

Learned trial court has also dealt with this matter and has found that the victim-complainant has also stated that the accused were torturing her and they also asked to sleep her in the bathroom and used to give stale food to eat and torture and lastly immediately before filing of the complaint she came to know that the husband Krishna Kumar Sinha has eloped with a married lady and it gave her mental shock and the cruelty is of such a nature as is likely to' drive a women to commit suicide. The word 'cruelty' has been dealt with in paragraph 22 of the judgment reported in (2009) ACR 882 (sup....

2011 0 Supreme(Pat) 1821

An Indian married woman does not want that in her life time her husband should marry to another lady or eloped with another lady. The word cruelty has been dealt with in paragraph 22 of the judgment reported in [2009] ACR 882 (supra) which reads as follows: 22. Learned trial court has also dealt with this matter and has found that the victim- complainant has also stated that the accused were torturing her and they also asked to sleep her in the bathroom and used to give stale food to eat and torture and lastly immediately before filing of the complaint she came to know that....

2005 0 Supreme(MP) 66

"Only one husband at a time--A woman cannot marry another man while her husband is alive, except where her marriage has been dissolved by divorce." On those periods there was no prohibition to have a second wife. But as per Principles of Hindu Law by Mulla with regard to marriage, a woman cannot marry another man while her husband is alive, which is quoted herein as under:

2005 0 Supreme(MP) 60

On those periods there was no prohibition to have a second wife. But as per principles of Hindu Law by Mulla with regard to marriage, a woman cannot marry another man while her husband is alive, which is quoted herein as under :-431 :- "only one husband at a time - A woman cannot many another man while her husband is alive, except where her marriage has been dissolved by divorce. "

2002 0 Supreme(Gau) 158

About 10-12 days before her death, Daliman had come to her father's house and remained there for a few days. Thereafter, her parents sent her along with their co-villagers, namely, Sorab Ali Munshi. Daliman Nessa, daughter of Md Bahej Uddin Munchi, died after about 12 to 14 years of her marriage with accused Nabab AH. Since the accused wanted to marry another woman, he started assaulting and torturing Daliman.