Case: Validity of Raghul’s Marriage with Priya

Facts of the Case:

• Raghul’s wife is Varshini.
• Varshini executed a registered divorce deed to divorce Raghul.
• Raghul subsequently married Priya.

Issues in the Case:

• Is Raghul’s marriage with Priya valid despite his prior marriage to Varshini?

Principle:

• The Hindu Marriage Act governs marriages and divorces among Hindus in India.
• Section 13 of the Act provides grounds for divorce, and Section 13B provides grounds for divorce by mutual consent.
• The District Court of competent jurisdiction has the authority to hear divorce petitions and pass decrees dissolving marriages if warranted.
• According to Indian Penal Code Section 494, marrying again during the lifetime of one’s spouse is considered bigamy and is an offense.

Judgement:

• Raghul’s marriage with Priya is not valid because his marriage with Varshini is still subsisting and has not been nullified.
• In India, divorce can only be granted by the District Court upon petition by one or both parties, and no one can unilaterally execute a registered divorce deed to terminate a marriage.
• Since Raghul’s marriage with Varshini remains valid, his subsequent marriage with Priya is invalid.
• Raghul’s act of marrying Priya while still being married to Varshini constitutes the offense of bigamy under Section 494 of the Indian Penal Code.

Based on the facts of the case and the legal principles outlined above, Raghul’s marriage with Priya is not valid, and he may be charged with the offense of bigamy for contracting a second marriage while his first marriage remains subsisting.