VUYYURU SAMBRAJYAMMA ALIAS BHIMAVARAPU SAMBRAJYAMMA Vs. BHIMAVARAPU VENKATA REDDI
LAWS(APH)-1963-6-1
HIGH COURT OF ANDHRA PRADESH
Decided on June 11,1963

VUYYURU SAMBRAJYAMMA ALIAS BHIMAVARAPU SAMBRAJYAMMA Appellant
VERSUS
BHIMAVARAPU VENKATA REDDI Respondents

JUDGEMENT

Chandra Reddy, J. - (1.) The question that is posed by this Civil Miscellaneous Appeal is whether Section 4(1) of the Hindu (Bigamy Prevention and Divorce) Act, 1949 (VI of 1949), which declares a marriage in certain conditions void and punishable, could be availed of by one of the parties to such a marriage for getting that marriage declared to be null and void after this law has been repealed.
(2.) It arises in the following circumstances. The first respondent, who was already married, took the appellant, his sisters daughter, as his second wife on 27-11-1950. Several years thereafter, i.e., on 25-4-1959, he filed a petition under Section 4(1) of the Madras Act VI of 1949 read with Section 29(3) of the Hindu Marriage Act, 1955 (22 of 1955) for a declartion that his second marriage was void and of no legal effect for the reason that he had his first wife living at the time of the second marriage.
(3.) The petition was chiefly resisted on the objection that Section 4 was unavailable to the first respondent for the reason that it was no longer in operation and that it did not enable one of the spouses to obtain a declaration that their marriage was null and void.;


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