Smt. Nirmala Devi vs. Anil Kumar Tiwari

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

FA, 1197 of 2018, Judgment Date: Nov 30, 2021

Law laid down -

Held: Section 5 (i) and Section 11 of the Act of 1955, makes it clear that if either party has a spouse living at the time of the marriage and if such marriage is solemnized after commencement of the Act of 1955, the same is void ipso-jure. The fact that whether the other party had the knowledge of existing spouse living at the time of marriage is immaterial

Section 11 of the Act of 1955 only prescribes marriages which are solemnized after commencement of the Act, as null and void, if such marriages contravene any of the conditions specified in Clauses (i), (iv) and (v) of Section 5. The Scheme of Section 11 of the Act of 1955 does not envisage that the contravention of Section 5 (iii) of the Act of 1955 will entail in marriage to be void, neither Section 12 of the Act of 1955 envisages such marriage as voidable. The only consequences of contravention of Section 5 (iii) of the Act of 1955 is prescribed under Section 18 of the Act of 1955 where the contravention of such condition is made punishable which may extend to two years or with fine which may extend to one lakh rupees or both and there is no other consequences provided under the Act of 1955.

Smt. Nirmala Devi vs. Anil Kumar Tiwari