LAKSHMI Vs. K. MALLIKARJUNA

JUDGEMENT

(1.) (a) Whether the second marriage which is solemnized during the subsistence of the first marriage in contravention of S.5(i) of Hindu Marriage Act, 1955, can be declared as valid if the first marriage is subsequently dissolved by a decree of the Court ?

(2.) The facts necessary for adjudication of the case are narrated as under;

(3.) According to the appellant, her marriage with the respondent is solemnized on 26/9/2013 and is registered before the jurisdictional Sub-Registrar. The suit was contested by the respondent, disputing her claim. Based on the pleadings, the family Court framed five issues and the issue No.3 relating to maintainability of the suit is treated as a preliminary issue.