25 Jan Suresh Chandra Ghosh [1971 step 1 SCC 864 = Sky 1971 South carolina 1153 = 1971 3 SCR 961]
“Section 17 will bring one to people matrimony between a couple of Hindus solemnised immediately after the start of your Operate was void when the from the go out of such marriage both people got a husband or wife life style, and this the arrangements of sections 494 and you can 495 ipc will incorporate correctly. The marriage anywhere between a couple of Hindus was void in view from Part 17 if a couple standards are met: (i) the marriage are solemnised pursuing the beginning of your own Work; (ii) at the time of these marriage, often cluster had a wife life style. Whether your labai inside March 1962 can not be supposed to be ‘solemnised', you to relationships may not be gap because of the virtue out of Point 17 of your own Operate and you may Part 494 IPC doesn't affect such as parties toward relationship since got a wife traditions.”
Inside the Rakeya Bibi v
twenty eight. Which v. [Air 1966 Sc 614 = 1966 step one SCR 539] The issue are again experienced inside the Priya Bala Ghosh v. For the Gopal Lal v. State Regarding Rajasthan [1979 2 SCC 170 = Air 1979 South carolina 713 = 1979 dos SCR 1171] Murtaza Fazal Ali, J., talking on the Legal, observed since lower than: (SCC p. 173, con el fin de 5)
“[W]right here a wife contracts an additional relationship since earliest matrimony continues to be subsisting this new mate would be responsible for bigamy not as much as Part 494 in case it is turned out that 2nd wedding was a valid one in the sense your expected ceremonies needed legally otherwise of the customized was basically indeed did.