AIR 1964 ANDHRA PRADESH 93 ::ILR (1966) Andra Pra 229

Andhra Pradesh High Court

Hon'ble Judge(s): P. Chandra Reddy , C.J. AND Gopal Rao Ekbote , J

Hindu Marriage Act (25 of 1955) , S.29(3)— Madras Hindu (Bigamy, Prevention and Divorce) Act (6 of 1949) , S.4— Nullifying marriage - Husband himself guilty of bigamy - Resort to S.4 by him - Not permissible - Dissolution of marriage - What implies. Section 4 Madras Hindu (Bigamy Prevention and Divorce) Act (Since repealed by S. 30 of Hindu Marriage Act) does not give any right to either of the spouses to present a petition for nullifying the marriage. By operation of this section, the marriage automatically becomes null and void. Where therefore, a husband was himself guilty of the offence of bigamy, he could not resort to S. 4 for the purpose of getting a declaration.(Para 8) It was unnecessary to consider whether S. 29(3) of the Hindu Marriage Act, would come to the rescue of the husband, although, prima facie the expression "dissolution of marriage" would not take in a declaration that the marriage was null and void. Dissolution of marriage implies the existence of a valid marriage and it could have no reference to a marriage which is ab initio void.(Para 9) However, remedies as were available to the husband under the ordinary law to obtain such reliefs as were open to him.(Para 10) .....