#Void Marriage

The court held that Section 498A IPC presupposes a valid marriage; where the complainant's prior marriage remained undissolved at the time of the second marriage, the latter is void ab initio, rendering Section 498A inapplicable. Vague allegations and evidence of ulterior motive further justified quashing the FIR against the mother-in-law under Section 482 CrPC. The ruling clarifies that cruelty provisions cannot be invoked to police relationships lacking legal marital status.

Bombay High Court rules that children born from a void marriage under Hindu law retain coparcenary rights in ancestral property, overriding prior collusive decrees. The judgment reinforces that admissions in earlier suits cannot estop legitimate heirs from claiming their share, ensuring equitable property distribution.

Bombay High Court holds that a second wife in a void marriage under Hindu Marriage Act, 1955 cannot claim heirship or pension benefits, but children remain legitimate heirs.

Karnataka High Court holds that a bigamous marriage under Section 5(1) of the Hindu Marriage Act is void from inception, stripping the husband of succession rights under Section 15 of the Hindu Succession Act. The ruling reinforces that void marriages confer no legal entitlement to inheritance, impacting property disputes involving bigamous unions.

Patna High Court grants anticipatory bail in a 498A IPC case, holding that a void marriage and consistent court cooperation negate flight risk, reinforcing that personal liberty under Section 438 CrPC must be assessed on factual realities rather than mere allegations. The ruling underscores that void marital status and absence of absconding tendencies can outweigh statutory presumptions in dowry harassment cases.

The Gauhati High Court has ruled that a second wife married during the subsistence of a valid first marriage under the Hindu Marriage Act is not entitled to family pension, as her marriage is void ab initio. However, her minor son retains an independent right to a proportionate share of the pension under Railway Pension Rules, affirming that dependant benefits for children are not contingent on the legality of parental marriage.

Madras High Court rules that adoption under the Hindu Adoption and Maintenance Act is valid if statutory conditions are met, even without the traditional Dattahomam ritual. The judgment also clarifies that children of void marriages are Class-I heirs, reinforcing familial rights based on public documents like voter IDs.

CAT Allahabad holds that second marriage during subsistence of first marriage is void; family pension payable only to legally wedded wife under Railway Pension Rules.