Marriage Declared Void on Ground of Bigamy Representing the Petitioner/Husband before the Ld. Family Court, Rohini, Delhi, it was successfully established that the respondent-wife had concealed the subsistence of her earlier marriage and induced the petitioner into a marriage despite not being legally divorced from her first husband at the relevant time. The Court took note of documentary evidence placed on record, which conclusively established that the respondent had a living spouse on the date of marriage with the petitioner.
Relying upon Sections 5(i) and 11 of the Hindu Marriage Act, the Hon’ble Family Court held that the marriage was in clear contravention of the statutory requirement that neither party should have a living spouse at the time of marriage. Accordingly, the Court allowed the petition and declared the marriage between the parties as null and void by a decree of nullity.