How to construe "Domicile" in cases where parties are not resident in India?
Domicile of origin prevails until not only another domicile is acquired but it must manifest the intention of abandoning the domicile of origin.
Section 1, 2, and 10 of the Hindu Marriage Act
Whether a marriage entered into by a Hindu with a Christian is valid under Hindu Marriage Act?
Section 7 of the 1955 Act is to be read along with Section 5 in that a Hindu marriage, as understood under Section 5, could be solemnized according to the ceremonies indicated therein.
Appellant was and still is a Christian belonging to the Roman Catholic denomination, the marriage solemnized in accordance with Hindu customs was a nullity and its registration under Section 8 of the Act could not and/or did not validate the same.
Whether or not Section 17 and Rule 27 are in infringement of Article 25 of the Constitution?
Is the bigamy law in contention to the Right to freedom of Religion promised by the Constitution?
Rule 27 will be in force as long as the individual is under the employment roll of the State Government and shall have to obey the rules, for this, there is no remedy. Similarly, Article 25 provides citizens with the freedom of religion but at the same time also puts down the restrictions to such freedom. Also, Section 17 of the Hindu Marriage Act does not allow for bigamy keeping in mind public welfare and reform with respect to all religious institutions.
Whether the second marriage solemnized by the appellant was legitimate or not?
Whether the appealing party can be held liable for the offense under Section 494 of the Indian Penal Code?
Solemnized’- marriage celebrated with proper ceremonies and in due form.
Merely going through certain ceremonies with the intention that the parties be taken to be married, will not make them ceremonies Prescribed by law or approved by any established custom. Thus, the court said unless the marriage in question was validly solemnized, the appellant was not liable for bigamy.
Whether the performance of the essential ceremonies and rites have to be established by evidence specifically before a person can be convicted under Section 494 IPC?
According to Section 7 of The Hindu Marriage Act,
(1) a Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto.
(2) Where such rites and ceremonies include the saptpadi (that is, the taking of seven steps by the bridegroom and the bride jointly before the sacred fire), the marriage becomes complete and binding when the seventh step is taken.
Whether a valid marriage took place between the accused and the other woman (Kasturi)?
Whether the ceremony of Saptapadi was essential to hold a marriage valid?
Special provision regarding suyamariyathai and seerthiruththa marriages-
(1) This section shall apply to any marriage between any two Hindus, whether called suyamariyathai marriage or seerthiruththa marriage or by any other name, solemnized in the presence of relatives friends or other persons-
(a) by each party to the marriage declaring in any language understood by the parties that each takes the other to be his wife or, as the case may be, her husband;
(b) by each party to the marriage garlanding the other or putting a ring upon any finger of the other;
(c) by the tying of the thali.
Whether a Hindu husband, married under Hindu law by embracing Islam, can solemnize a second marriage?
Whether such a marriage without having the marriage dissolved under the law, would be valid?
Whether the apostate husband would be guilty of the offense under Section 494 of the IPC?
A second marriage by an apostate under the shelter of conversion to Islam would nevertheless be a marriage in violation of the provisions of the Act by which he would be continuing to be governed so far as his first marriage under the Act is concerned despite his conversion to Islam.
The second marriage of an apostate would, therefore, be illegal marriage qua his wife who married him under the Act and continues to be Hindu.
Where a non-Muslim gets converted to the Muslim faith without any real change in belief and merely with a view to avoid an earlier marriage or to enter into a second marriage, in such a case, whether the marriage entered into by him after conversion would be void and whether the apostate husband would be guilty of the offence of Section 494 of the Indian Penal Code?
Whether apprehension of a person for charges of bigamy after religious conversion is a breach of the fundamental right to life and liberty due to the Sarla Mudgal judgement or not?
Whether the Sarla Mudghal judgement which criminalizes the second marriage after conversion to Islam during the subsistence of previous marriage violates Article 25 of the Indian Constitution which talks about the right to freedom of religion?
Mere conversion does not bring to an end the marital ties unless a decree for divorce on that ground is obtained from the Court. Till a decree is passed, the marriage subsists. Any other marriage, during the subsistence of the first marriage, would constitute an offence under Section 494 read with Section 17 of the Hindu Marriage Act, 1955, and the person, in spite of his conversion to some other religion, would be liable to be prosecuted for the offence of bigamy.
Even under the Muslim Law, a plurality of marriages is not unconditionally conferred upon the husband. It would, therefore, be doing injustice to Islamic Law to urge that the convert is entitled to practice bigamy notwithstanding the continuance of his marriage under the law to which he belonged before conversion.
The violators of law who have contracted the second marriage cannot be permitted to urge that such marriage should not be made the subject matter of prosecution under the general Penal Law. The Islam which is pious, progressive, and respected religion with a rational outlook cannot be given a narrow concept as has been tried to be done by the alleged violators of the law.
Whether a Hindu Marriage governed by the provisions of the Hindu Marriage Act, 1955 where the parties to the marriage or either of them are below their respective ages as set out in Clause (iii) of Section 5 of the Hindu Marriage Act, is void ab initio and is no marriage in the eyes of law.
Section 5 of the Hindu Marriage Act, Conditions for a Hindu Marriage.
What is the legal status of marriage in contravention of legally prescribed age?
Whether on account of minority of spouse, the marriage entered into is illegal and void ab initio
Whether young girls, who get married and have reached the age of discretion but not attained the age of majority can be sent in a protective custody to a remand home against their will?
A marriage solemnized in contradiction of the age said in Section 5 (iii) of The Hindu Marriage Act, 1955, with respect to the age restriction, made it only culpable under Section 18 and the marriage solemnized would stay valid, enforceable, and recognizable in Courts of law.
There was no procurement of law, which allowed minors to be kept in protective homes against their want. Regardless of the possibility that the minor was about 15 years of age, her wishes ought to be determined before putting her in the authority of any individual or institution.
The powers under Articles 226 and 227 are wide and comprehensive subject to self- imposed restrictions.