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Jul 28, 2010

Smt Yamunabai Anantrao Adhav Vs Anantrao Shivram Adhav and Anr AIR 1988 S.C.

Hon’ble Supreme Court of India observed, “The marriages covered by S.11 are void ipso jure, that is, void from the very inception, and have to be ignored as not existing in law at all if and when such a question arises. Although the section permits a formal declaration to be made on the presentation of a petition, it is not essential to obtain in advance such a formal declaration from a court in a proceeding specifically commenced from the purpose….the marriage of a woman in accordance with the Hindu rites with a man having a living spouse is a complete nullity in the eye of law and she is not entitled to the benefit of Section 125 of the Code..”

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