*Digest Hindu Marriage Act, 1955* (Case Law covered from 1987 to 2019)

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*Hindu Marriage Act, 1955, Ss.5 & 11* - Marriage - Validity - Second marriage during subsistence of first marriage - Marriage is void - Even consent cannot validate such void marriage - It is only in respect of voidable grounds that consent or acquiescence of a party can sustain the marriage - However, the same is not the case with the grounds, which make the marriage void.
2015(1) Civil Court Cases 420 (A.P.) (DB)

*Hindu Marriage Act, 1955, Ss.5(1), 11 & 16* - Second marriage during subsistence of first marriage - Second wife cannot get the legal status of a wife so as to be entitled to the benefits of the deceased husband - Mere fact that name of second wife was furnished by deceased husband and entered in service record will not alter the situation in any way in view of clear legal position - Second wife is not entitled to the benefits of the deceased husband.
2004(1) Civil Court Cases 431 (A.P.)

*Hindu Marriage Act, 1955, Ss.5(1), 11 & 16* - Second marriage during subsistence of first marriage - Second wife is not entitled to the benefits of the deceased husband - Children born out of second marriage are entitled to the benefits of deceased father - Death of one child born out of second marriage - Second wife being mother is entitled to the share of the benefits to which deceased child might have been entitled in law.
2004(1) Civil Court Cases 431 (A.P.)

*Hindu Marriage Act, 1955, S.5(3), Prohibition of Child Marriage Act, 2006, S.12* - A girl aged 16 years fell in love with the boy aged 18 years - Both of them eloped and got married as per Hindu rites - Held, it is not a void but voidable marriage even though performed in contravention of Section 5(3) of the HMA and Section 12 of PCMA - Mere fact that punishment has been provided in case of marriage performed in contravention of conditions specified in Section 5(3) of act will not make marriage void or invalid.
2010(4) Civil Court Cases 432 (Delhi) (DB)

*Hindu Marriage Act, 1955, Ss.5, 11* - Second marriage during subsistence of first marriage - Finding of criminal Court in bigamy proceedings - Not binding on Civil Court - Civil Court has to decide the dispute independently.
2010(1) Civil Court Cases 418 (P&H)

*Hindu Marriage Act, 1955, Ss.5, 11* - Second marriage during subsistence of first marriage - Second marriage is void - However, second marriage could not be held void if it is solemnized prior to enforcement of Hindu Marriage Act, as provisions of H.M. Act are prospective in operation.
2016(3) Civil Court Cases 281 (Hyderabad)

*Hindu Marriage Act, 1955, Ss.5, 11* - Second marriage during subsistence of first marriage - Second marriage is void and invalid - It requires no declaration as to nullity.
2010(1) Civil Court Cases 418 (P&H)

*Hindu Marriage Act, 1955, Ss.5, 11* - Second marriage during the subsistence of first marriage - The marriage if any, with second woman while the first wife is living and is not divorced, is null, void and non est - The status of the second woman in such case is that of a kept mistress and on death of the husband, she is not entitled to succeed to his properties.
1999(Suppl.) Civil Court Cases 431 (Kant.)

*Hindu Marriage Act, 1955, Ss.5, 11* - Wife performing second marriage during subsistence of first marriage - Plea by wife that customary divorce was obtained by executing a divorce deed - Wife failed to prove the custom - Such divorce deed cannot be treated as a document of dissolution of marriage - Decree of nullity of marriage granted in favour of husband.
2010(1) Civil Court Cases 418 (P&H)

*Hindu Marriage Act, 1955, Ss.5, 11, Specific Relief Act, 1963, S.34* - Legally wedded wife - Suit for declaration - Marriage between plaintiff and deceased solemnized during the subsistence of first wife of deceased - Second marriage not valid as per Hindu law - Solemnization of marriage between plaintiff and deceased again after death of first wife of deceased also not proved - Plaintiff cannot claim the status of a legally wedded wife of deceased and not entitled to any service benefits of deceased.
2017(3) Civil Court Cases 083 (Delhi)

*Hindu Marriage Act, 1955, Ss.5, 11, 12* - Void and voidable marriage - Husband already married at the time of marriage with appellant - Court decreed suit of appellant by declaring the marriage null and void u/s 5(1) r/w S.11 of the act - This marriage cannot be termed as a marriage fraudulently conducted - Decree u/s 12(1)(c) of the Act cannot be passed.
2008(2) Civil Court Cases 393 (Bombay) (DB)

*Hindu Marriage Act, 1955, Ss.5, 11, 12, 18, Hindu Minority and Guardianship Act, 1956, S.6* - Marriage with a girl who has not completed 18 years of age - Marriage neither void nor voidable but only punishable u/s 18 Hindu Marriage Act - Husband is the natural guardian who is entitled to her custody.
2009(3) Civil Court Cases 716 (A.P.)

*Hindu Marriage Act, 1955, Ss.5, 12* - Marriage in contravention of S.5 of the Act - Marriage is null and void - It does not require any order of Court to say that marriage is null and void - To get a declaration to that effect is optional.
2017(3) Civil Court Cases 533 (Bombay)

*Hindu Marriage Act, 1955, Ss.5, 12, 13* - Matrimonial proceedings - Medical examination - A party can be compelled for medical examination and such an order is not in violation of personal liberty - Order for medical examination can only be passed if applicant has a strong prima facie case and there is sufficient material before the Court - If despite the order of Court respondent refuses to submit himself to medical examination then Court can draw an adverse inference.
2003(2) Civil Court Cases 027 (S.C.)