web analytics

Menu

Skip to content
Shades of Knife
  • Home
  • True Colors of a Vile Wife
  • Need Inspiration?
  • Blog Updates
  • SOK Gallery
  • Vile News Reporter
  • About Me
  • Contact Me

Shades of Knife

True Colors of a Vile Wife

Tag: HM Act 5 – Conditions for a Hindu Marriage

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 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 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

Search within entire Content of “Shades of Knife”

My Legal Twitter Timeline

Tweets by @SandeepPamarati

My MRA Twitter Timeline

Tweets by @Shadesofknife

Recent Posts

  • National Insurance Company Ltd Vs MS National Building Construction India Ltd and Ors on 12 Sep 2023 October 1, 2023
  • Kulvinder Singh Gehlot Vs Parmila on 22 Aug 2023 September 24, 2023
  • Judgments on Transfer Petitions September 23, 2023
  • Implementation of A4 paper usage in District Courts in Andhra Pradesh September 22, 2023
  • Showkat Aziz Zargar Vs Nabeel Showkat and Anr on 02 Sep 2022 September 18, 2023

Most Read Posts

  • Sindhu Janak Nagargoje Vs The State of Maharashtra and Ors on 08 Aug 2023 (2,186 views)
  • Rakesh Raman Vs Kavita on 26 Apr 2023 (1,701 views)
  • Shilpa Sailesh Vs Varun Sreenivasan on 01 May 2023 (1,633 views)
  • Sana Nitish Kumar Reddy Vs State of Telangana on 26 April 2023 (1,470 views)
  • Captain Manjit Singh Virdi (Retd.) Vs Hussain Mohammed Shattaf and Ors on 18 May 2023 (1,336 views)
  • Dhananjay Mohan Zombade Vs Prachi Dhananjay Zombade on 18 Jul 2023 (1,269 views)
  • Rajan and Anr Vs The State of Madhya Pradesh and Anr on 17 Aug 2023 (1,248 views)
  • Swapan Kumar Das Vs State of West Bengal on 21 Aug 2023 (1,148 views)
  • Kantharaju Vs State of Karnataka on 17 Jul 2023 (969 views)
  • Javed Ahmad Vs State of U.P. and Anr on 13 Feb 2023 (794 views)

Tags

Reportable Judgement or Order (352)Legal Procedure Explained - Interpretation of Statutes (344)Landmark Case (330)2-Judge (Division) Bench Decision (286)Catena of Landmark Judgments Referred/Cited to (229)Work-In-Progress Article (217)1-Judge Bench Decision (187)Sandeep Pamarati (91)3-Judge (Full) Bench Decision (86)Article 21 - Protection of life and personal liberty (75)Issued or Recommended Guidelines or Directions or Protocols to be followed (56)Perjury Under 340 CrPC (53)Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations (52)Reprimands or Setbacks to YCP Govt of Andhra Pradesh (49)Summary Post (44)Not Authentic copy hence to be replaced (38)CrPC 482 - Quash (38)Advocate Antics (35)HM Act 13 - Divorce Granted to Husband (34)Rules of the Act/Ordinance/Notification/Circular (33)

Categories

Supreme Court of India Judgment or Order or Notification (657)Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments (300)High Court of Andhra Pradesh Judgment or Order or Notification (161)High Court of Delhi Judgment or Order or Notification (113)High Court of Bombay Judgment or Order or Notification (94)High Court of Karnataka Judgment or Order or Notification (73)High Court of Madras Judgment or Order or Notification (58)General Study Material (55)Assorted Court Judgments or Orders or Notifications (49)Prakasam DV Cases (46)High Court of Punjab & Haryana Judgment or Order or Notification (46)LLB Study Material (45)High Court of Allahabad Judgment or Order or Notification (43)District or Sessions or Magistrate Court Judgment or Order or Notification (42)Judicial Activism (for Public Benefit) (42)High Court of Kerala Judgment or Order or Notification (31)High Court of Madhya Pradesh Judgment or Order or Notification (28)High Court of Gujarat Judgment or Order or Notification (26)High Court of Calcutta Judgment or Order or Notification (20)High Court of Patna Judgment or Order or Notification (17)

Recent Comments

  • ShadesOfKnife on All Reliefs from Judiciary
  • Anuj Rathi on All Reliefs from Judiciary
  • ShadesOfKnife on Ratandeep Singh Ahuja Vs Harpreet Kaur on 11 Oct 2022
  • HARPREET KAUR on Ratandeep Singh Ahuja Vs Harpreet Kaur on 11 Oct 2022
  • ShadesOfKnife on All Reliefs from Judiciary

Archives of SoK

  • October 2023 (1)
  • September 2023 (12)
  • August 2023 (15)
  • July 2023 (17)
  • June 2023 (11)
  • May 2023 (6)
  • April 2023 (5)
  • March 2023 (10)
  • February 2023 (9)
  • January 2023 (12)
  • December 2022 (12)
  • November 2022 (8)
  • October 2022 (13)
  • September 2022 (17)
  • August 2022 (10)
  • July 2022 (21)
  • June 2022 (27)
  • May 2022 (23)
  • April 2022 (32)
  • March 2022 (17)
  • February 2022 (6)
  • January 2022 (2)
  • December 2021 (7)
  • November 2021 (7)
  • October 2021 (6)
  • September 2021 (10)
  • August 2021 (31)
  • July 2021 (45)
  • June 2021 (17)
  • May 2021 (17)
  • April 2021 (18)
  • March 2021 (58)
  • February 2021 (14)
  • January 2021 (50)
  • December 2020 (35)
  • November 2020 (68)
  • October 2020 (67)
  • September 2020 (28)
  • August 2020 (41)
  • July 2020 (20)
  • June 2020 (36)
  • May 2020 (40)
  • April 2020 (38)
  • March 2020 (26)
  • February 2020 (43)
  • January 2020 (35)
  • December 2019 (34)
  • November 2019 (4)
  • October 2019 (18)
  • September 2019 (58)
  • August 2019 (33)
  • July 2019 (12)
  • June 2019 (19)
  • May 2019 (5)
  • April 2019 (19)
  • March 2019 (58)
  • February 2019 (11)
  • January 2019 (90)
  • December 2018 (97)
  • November 2018 (43)
  • October 2018 (31)
  • September 2018 (73)
  • August 2018 (47)
  • July 2018 (143)
  • June 2018 (92)
  • May 2018 (100)
  • April 2018 (59)
  • March 2018 (8)

Blogroll

  • Daaman Promoting Harmony 0
  • Fight against Legal Terrorism Fight against Legal Terrorism along with MyNation Foundation 0
  • Good Morning Good Morning News 0
  • Insaaf India Insaaf Awareness Movement 0
  • MyNation Hope Foundation Wiki 0
  • MyNation.net Equality, Justice and Harmony 0
  • Sarvepalli Legal 0
  • Save Indian Family Save Indian Family Movement 0
  • SIF Chandigarh SIF Chandigarh 0
  • The Male Factor The Male Factor 0
  • Vaastav Foundation The Social Reality 0
  • Voice4india Indian Laws, Non-profits, Environment 0
  • Writing Law Writing Law by Ankur 0

RSS Cloudflare Status

  • AKL (Auckland) on 2023-10-10 October 10, 2023
    THIS IS A SCHEDULED EVENT Oct 10, 12:00 - 20:00 UTCOct 3, 08:20 UTCScheduled - We will be performing scheduled maintenance in AKL (Auckland) datacenter on 2023-10-10 between 12:00 and 20:00 UTC.Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for end-users […]
  • MIA (Miami) on 2023-10-10 October 10, 2023
    THIS IS A SCHEDULED EVENT Oct 10, 03:30 - 10:00 UTCSep 12, 05:40 UTCScheduled - We will be performing scheduled maintenance in MIA (Miami) datacenter on 2023-10-10 between 03:30 and 10:00 UTC. Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for […]
  • IST (Istanbul) on 2023-10-05 October 5, 2023
    THIS IS A SCHEDULED EVENT Oct 5, 20:00 UTC  -  Oct 6, 11:00 UTCOct 3, 15:41 UTCUpdate - We will be performing scheduled maintenance in IST (Istanbul) datacenter between 2023-10-05 20:00 and 2023-10-06 11:00 UTC.Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance […]

RSS List of Spam Server IPs from Project Honeypot

  • 66.63.162.144 | S October 2, 2023
    Event: Bad Event | Total: 5 | First: 2023-10-02 | Last: 2023-10-02
  • 43.153.94.5 | S October 2, 2023
    Event: Bad Event | Total: 5 | First: 2023-09-27 | Last: 2023-10-02
  • 45.137.22.117 | S October 2, 2023
    Event: Bad Event | Total: 19 | First: 2023-05-19 | Last: 2023-10-02
Proudly powered by WordPress
Theme: Flint by Star Verte LLC

Bad Behavior has blocked 1166 access attempts in the last 7 days.

pixel