Appellate Court's Decision Overturned, Reaffirms Void Status of Second Marriage Under Hindu Marriage Act, 1955
In a significant ruling, the Chhattisgarh High Court has overturned a prior decision by the First Appellate Court regarding a contentious property succession case involving the validity of a second marriage under the Hindu Marriage Act, 1955. The High Court's judgment reinstates the original trial court's decision, emphasizing the void nature of a marriage conducted during the subsistence of an earlier valid marriage.
The case, titled Smt. Sooraj Bai v. Smt. Hiran Bai and Ors., revolved around the succession rights to the property of one Sagnuram, who allegedly contracted a second customary marriage with Gwalin Bai while her first husband was still alive. The First Appellate Court had previously ruled in favor of the plaintiffs, Smt. Hiran Bai and Sukhiya Bai, recognizing them as legitimate heirs through their mother, Gwalin Bai.
However, Justice Bibhu Datta Guru, presiding over the High Court's review, found that the First Appellate Court had erred in its judgment by not adequately addressing the statutory conditions under the Hindu Marriage Act, 1955. The court reiterated that any marriage conducted while a prior marriage is still in effect is void ab initio, as stipulated under Sections 5(i) and 11 of the Act.
The High Court criticized the First Appellate Court for relying on insufficient evidence, such as general statements about customary practices and revenue records, which do not confer legal validity or title under Hindu law. The judgment underscored that the burden of proof for establishing the legality of a customary marriage lies heavily on the party asserting it.
The court's decision is grounded in the precedent set by the Supreme Court in Smt. Yamunabai Anantrao Adhav v. Anantrao Shivram Adhav, which mandates that marriages in contravention of the conditions outlined in the Hindu Marriage Act are null and void from inception and cannot be legalized based on custom or prior Hindu law.
With this ruling, the High Court has reaffirmed the trial court's decision, concluding that the plaintiffs failed to prove any legal claim to the property of Sagnuram. This judgment serves as a critical reminder of the stringent requirements under Hindu marriage law and the supremacy of statutory provisions over customary practices.
Bottom Line:
Hindu Marriage Act, 1955 - Marriage contracted during the subsistence of an earlier valid marriage is void ab initio - Mere assertion of a customary marriage or cohabitation cannot validate a void marriage - Burden of proof for customary practices lies on the party asserting such custom.
Statutory provision(s): Hindu Marriage Act, 1955 Sections 5(i), 11; Code of Civil Procedure, 1908 Section 100
Smt. Sooraj Bai v. Smt. Hiran Bai, (Chhattisgarh) : Law Finder Doc Id # 2837514
