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Tag: HM Act 5 – Conditions for a Hindu Marriage

Sandeep Bhavan Pamarati Vs Anuradha Kovi (Nullity petition)

Posted on June 7, 2025 by ShadesOfKnife

After lot of dilly-dallying, I filed a petition before Family Court, Ongole, Prakasam District, AP, seeking Declaration of Nullity of my marriage under Section 11 read with Sections 5(i), 17 and 21B of Hindu Marriage Act.


Here is the Petition copy.

Sandeep Bhavan Pamarati Vs Anuradha Kovi (Nullity petition)

As expected (because same thing happened in DVC Criminal Appeal also), the Respondent remained exparte. Me happy!


After recording my evidence (Examination in Chief), subsequently, Written Arguments were also filed.

Sandeep Bhavan Pamarati - Written Arguments

Unfortunately, my Nullity Petition was DISMISSED.

2025-10-27 Sandeep Bhavan Pamarati Vs Anuradha Kovi (Dismissed)

Now hoping for a positive result in CFR for FIR for 494 and 495 IPC.


Thereafter I approach the Family Court at Ongole with a Divorce Petition here.


Index of my cases is here.

Posted in Sandeep Pamarati | Tagged HM Act 11 - Void marriages HM Act 5 - Conditions for a Hindu Marriage Sandeep Bhavan Pamarati Vs Anuradha Kovi (Nullity petition) Sandeep Pamarati | Leave a comment

Harpreet Kaur and Anr Vs State of Punjab and Ors on 01 Nov 2021

Posted on April 4, 2022 by ShadesOfKnife

A short judgment from a single judge says as follows (Picking exact same works from here):

Prayer in this petition, filed under Article 226 of the Constitution of India, is for issuance of directions to respondents No.1 to 3 to protect the life and liberty of the petitioners at the hands of private respondents as the petitioners are in live-in-relationship against the wishes of the private respondents.
Perusal of file shows that petitioner No.1 Harpreet Kaur aged about 23 years is legally wedded wife of respondent No.4 Gurjant Singh, and without seeking divorce from her spouse she is living a lustful and adulterous life with petitioner No.2. Once petitioner No.1 is a married woman being wife of respondent No.4-Gurjant Singh, the act of petitioners particularly petitioner No.2 may constitute an offence under Sections 494/495 IPC. Such a relationship does not fall within the phrase “live-in-relationship” or “relationship” in the nature of marriage.
Petitioners have no legal right for protection on the facts of the present case inasmuch as the protection as being asked may amount to protection against commission of offence under Section 494/495 IPC. This petition has been filed just to obtain a seal of this Court on their so called live-in-relationship. On the face of it, the representation (Annexure P-3) appears to be a fake document as no receipt or diary number of the office of Senior Superintendent of Police, Barnala is given or attached.
In view of the above, the present petition is dismissed.

Harpreet Kaur and Anr Vs State of Punjab and Ors on 01 Nov 2021
Posted in High Court of Punjab & Haryana Judgment or Order or Notification | Tagged 1-Judge Bench Decision Harpreet Kaur and Anr Vs State of Punjab and Ors HM Act 11 - Void marriages HM Act 17 - Punishment of Bigamy HM Act 5 - Conditions for a Hindu Marriage IPC 494 - Marrying again during life-time of husband or wife IPC 495 - Same offence with concealment of former marriage from person with whom subsequent marriage is contracted Misinterpretation of Earlier Judgment or Settle Principle of Law or Per Incuriam Non-Reportable Judgement or Order | Leave a comment

Asha Devi and Anr Vs State of UP and 2 Ors on 1 Dec 2020

Posted on April 4, 2022 by ShadesOfKnife

A division bench at Allahabad High Court held as follows:

From Para 16,

16. According to own case of the petitioners, the petitioner no.1 is still a legally wedded wife of one Mahesh Chandra. As per own alleged application dated 17.09.2020 (as reproduced in para 6 above), the petitioners are living as husband and wife and they have sought protection from interference in their living together as husband and wife. Once the petitioner No.1 is a married woman being wife of one Mahesh Chandra, the act of petitioners particularly the petitioner No.2, may constitute an offence under Sections 494/495 I.P.C. Such a relationship does not fall within the phrase “live-in-relationship” or “relationship in the nature of marriage”. The writ petition has been filed by the petitioners for protection from interference by others in their living as husband and wife. If the protection as prayed is granted, it may amount to grant protection against commission of offences under Sections 494/495 I.P.C.

From Para 18,

18. It is settled law that writ of mandamus can be issued if the petitioner has a legal right to the performance of a legal duty by the party against whom the mandamus is sought and such right must be subsisting on the date of the petition. Similar view has also been taken by Hon’ble Supreme Court in Kalyan Singh vs. State of U.P. 13. Applying the principles of issuance of writ of mandamus on the facts of the present case, we find that the petitioners have no legal right for protection on the facts of the present case inasmuch as such the protection as being asked, may amount to protection against commission of offence under Section 494/495 I.P.C. It is well settled law that writ of mandamus can not be issued contrary to law or to defeat a statutory provision including penal provision. The petitioners do not have legally protected and judicially enforceable subsisting right to ask for mandamus.

Asha Devi and Anr Vs State of UP and 2 Ors on 1 Dec 2020
Posted in High Court of Allahabad Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Asha Devi and Anr Vs State of UP and 2 Ors HM Act 11 - Void marriages HM Act 17 - Punishment of Bigamy HM Act 5 - Conditions for a Hindu Marriage IPC 494 - Marrying again during life-time of husband or wife IPC 495 - Same offence with concealment of former marriage from person with whom subsequent marriage is contracted Judiciary Antics Misinterpretation of Earlier Judgment or Settle Principle of Law or Per Incuriam Non Application or Exercise of Judicial Mind Reportable Judgement or Order | Leave a comment

Gullipilli Sowria Raj Vs Bandaru Pavani on 4 Dec 2008

Posted on July 10, 2021 by ShadesOfKnife

Going through the Preamble of the HMA 1955, the division bench of the Supreme Court held that the marriage of a Hindu with a Christian is void ab initio.

From Para 18,

18. Although, an attempt has been made to establish that the Hindu Marriage Act, 1955, did not prohibit a valid Hindu marriage of a Hindu and another professing a different faith, we are unable to agree with such submission in view of the definite scheme of the 1955 Act.

From Para 20,

20.As submitted by Mr. Rao, the Preamble itself indicates that the Act was enacted to codify the law relating to marriage amongst Hindus. Section 2 of the Act which deals with application of the Act, and has been reproduced hereinabove, reinforces the said proposition.

From Para 21, Use of ‘may’ in section 5 of HMA

21.Section 5 of the Act thereafter also makes it clear that a marriage may be solemnized between any two Hindus if the conditions contained in the said Section were fulfilled. The usage of the expression ‘may’ in the opening line of the Section, in our view, does not make the provision of Section 5 optional. On the other hand, it in positive terms, indicates that a marriage can be solemnized between two Hindus if the conditions indicated were fulfilled. In other words, in the event the conditions remain unfulfilled, a marriage between two Hindus could not be solemnized. The expression ‘may’ used in the opening words of Section 5 is not directory,  as has been sought to be argued, but mandatory and non-fulfilment thereof would not permit a marriage under the Act between two Hindus. Section 7 of the 1955 Act is to be read along with Section 5 in that a Hindu marriage, as understood under Section 5, could be solemnized according to the ceremonies indicated therein.

And finally in Para 22,

22.In the facts pleaded by the respondent in her application under Section 12(1)(c) of the 1955 Act and the admission of the appellant that he was and still is a Christian belonging to the Roman Catholic denomination, the marriage solemnized in accordance with Hindu customs was a nullity and its registration under Section 8 of the Act could not and/or did not validate the same. In our view, the High Court rightly allowed the appeal preferred by the respondent herein and the judgment and order of the High Court does not warrant any interference.

Gullipilli Sowria Raj Vs Bandaru Pavani on 4 Dec 2008

Citations : [2009 MPLJ SC 2 48], [2008 SCALE 16 109], [2008 AIOL 1405], [2009 MHLJ SC 2 850], [2008 SCR 17 35], [2009 ALLMR SC 1 488], [2009 BOMCR SC 5 906], [2009 SCC 1 714], [2009 AIR SC 244], [2008 JT 13 450], [2009 SUPREME 1 145], [2009 SCC CIV 1 326], [2009 AIR SC 1085], [2009 AIC SC 74 33], [2009 CHN SC 1 158], [2009 AIR SCW 244]

Other Sources :

https://indiankanoon.org/doc/421764/

https://www.casemine.com/judgement/in/5609ae6ae4b0149711413cbe

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Gullipilli Sowria Raj Vs Bandaru Pavani HM Act 11 - Void marriages HM Act 5 - Conditions for a Hindu Marriage Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order | Leave a comment

Bharatha Matha and Anr Vs R. Vijaya Renganathan and Ors on 17 May 2010

Posted on April 23, 2020 by ShadesOfKnife

Supreme Court has settled the following question of law:

the question of inheritance of co-parcenery property by the illegitimate children, who were born out of the live-in-relationship, could not arise.

Bharatha Matha and Anr Vs R. Vijaya Renganathan and Ors on 17 May 2010

Citations: [2010 AIR SCC 2685], [2010 AIR SCC 0 3503], [2010 CTC 3 654], [2010 JT 5 534], [2010 RCR CIVIL 3 252], [2010 SCCC 11 483], [2010 AD 6 478], [2010 SCC 0 515], [2010 SCCJ 5 442], [2010 ALT 5 4], [2010 LW 4 791], [2010 MLJ 7 953], [2010 SLT 4 419], [2010 AIOL 333], [2010 SCALE 6 53], [2010 SUPREME 4 433], [2010 SCCC CIV 4 498], [2010 AIC 91 54], [2010 CALLJ 2 176], [2010 ALR 81 230]

Other Source links: https://indiankanoon.org/doc/1513913/ or https://www.casemine.com/judgement/in/5609aee7e4b0149711415176


This is contradicted (but NOT overruled) in Revanasiddappa And Another v. Mallikarjun And Others here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Bharatha Matha and Anr Vs R. Vijaya Renganathan and Ors Catena of Landmark Judgments Referred/Cited to CPC 200 - Second Appeal Evidence Act 112 - Birth During Marrige Conclusive Proof of Legitimacy HM Act 11 - Void marriages HM Act 5 - Conditions for a Hindu Marriage Landmark Case Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order Revanasiddappa and Anr Vs Mallikarjun and Ors | Leave a comment

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