...children born of the defendant. In 1951 the plaintiff filed a suit for dissolution of her marriage with the defendant on the ground that the defendant had married again before the coming into operation of the Bombay Prevention of Hindu Bigamous Marriage Act, 1946 and...Bombay High Court posed the question whether there can be and has been a condonation of the second marriage of the defendant and answered it in the negative. After discussing in detail the arguments advanced in support of a plea of condonation and the English cases and examining the language of Section 3 of the Bombay Prevention of Hindu Bigamous, Marriage Act, 1946, the...Judge summed-up the position as follows:-- "A plain reading of Section 3 and other relevant sections of the Act would suggest that a second marriage contracted by the husband before the coming into operation of the Bombay Prevention of Hindu Bigamous Marriage Act, 1946, is...

...by the present appellant. The respondents further contended that the marriage between Zipa and the appellant is void, as the same was in contravention of the Bombay Prevention of Hindu Bigamous Marriage Act, 1946. It...within the ambit of section 52 of the T.P Act. He further contended that the said gift by Zipa in favour of respondent No. 2 was not effected fraudulently. Further he contended that the marriage of the appellant with Zipa was void in view of the provisions of the Bombay Prevention of Hindu Bigamous Marriage Act, 1946, as..., her husband, which is at Exh. 45 dated 10-8-1965 is not binding upon her as the same is a fraudulent transfer under section 53 of the Transfer of Property Act (hereinafter referred to as ‘the T.P Act...

...circumstances of the present case, I therefore, hold that neither the provisions of the Bombay Prevention of Hindu Bigamous Marriage Act, 1946 nor the Bombay Divorce Act, 1947 will be...was the case of the plaintiff that his father-defendant No. 1 got married to the original defendant No. 4 for the second time during the life time of his first wife and hence the second marriage is...marriage with deceased Kersarbai was dissolved by a Registered Deed of Divorce dated 7.2.1951 and that the said Deed was also got registered in the office of the Joint Sub-Registrar, Haveli No. 1, Pune...

...Ranjit is a son of plaintiff No. 1 and defendant No. 1. The alleged marriage of defendant No. 1 with defendant No. 2 Smt. Hirabai is bad and illegal being hit by the provisions of the Bombay Prevention of Hindu Bigamous Marriage Act, 1946.7...circumstances, it cannot be denied that Vishwasrao was the father of Dilip, Suryakant and Nilima whose mother is Smt. Hirabai. Though the marriage of Vishwasrao with Smt. Hirabai was prior to 1956, even then, the said marriage being hit by the provisions of the Bombay Prevention of Hindu Bigamous Marriages Act, 1946, cannot...Hindu Succession Act and he can make such gifts either to another coparcener or to a stranger only with the prior consent of all other coparceners. In the present case, Ranjit...

...Section 41. 18. In a Bombay case reported in State of: Bombay v. Narasu Appa Mali , in which the validity of the Bombay Prevention of Hindu Bigamous Marriage Act, 1946, was.... 6. The learned Counsel urged that the Hindu Marriage Act, 1955 was ultra vires the Constitution of India and in...before on the subject. In the present case. Section 4 of the Hindu Marriage Act, 1955, made this further clear...

...State of Bombay v. Narasu Appa Mali, AIR 1952 Bom 84, in which the validity of the Bombay Prevention of Hindu Bigamous Marriage Act, 1946, was...number of lawfully married wives a Hindu could have. We equally well know that this state of things was put an end to in 1955 by the enactment of the hindu marriage act (act 25 of 1955). The relevant...part of section 5 of that act runs as follows :-'5. Conditions for a Hindu marriage-A marriage may be solemnised between any two Hindus, if the following conditions are fulfilled, namely...

...translated into a rule of law. Thus the Bombay prevention of Hindu Bigamous Marriage Act. 1946, the Madras Hindu (Bigamy Prevention and Divorce) Act, 1949 and the Saurashtra Prevention of Hindu Bigamous.... , read with Sections 11 and 17 of the Hindu Marriage Act, 1955. In this application under Section 561-A, Criminal P. C. the husband seeks to have the proceedings against him quashed on the ground that...Sections 11 and 17 of the Hindu Marriage Act are ultra virus and unconstitutional as they offend Article 15 (1) of the Constitution. We may at once state that though the Act has been on the statute...

...personal law of the parties is hinduism. Therefore respondent no. 1 has his personal law as hinduism. The bombay high court in the state v. Narayandas mangilal dayame a. I. R. 1958 bombay 68 (f. B.) had an occasion to consider the effect of personal law. In that case the question before the bombay high court was whether the benefit of the bombay prevention of hindu bigamous marriage act 1946 would...claim that the provisions of hindu marriage act are not applicable to him as he (as the husband claims here) is not domicile of india ? this is the main question and other questions which are raised...act 1955 the said marriage is in contravention of sec. 5 (1) of the hindu marriage act 1955 and is therefore liable to be declared null and void under sec. 11 of the...

...before the coming into operation of the Bombay Prevention of Hindu Bigamous Marriages Act, 1946. It was urged that there can be no question of condonation when dissolution is sought on the ground of second marriage by....20. A plain reading of S. 3 and other relevant sections of the Act would suggest that a second marriage contracted by the husband before the coming into operation of the Bombay Prevention of Hindu Bigamous Marriages Act, 1946, is...regarded as a matrimonial offence, it being a marriage valid under the Hindu Law.21. A marriage is defined in character at the time it is celebrated. The Prevention of Hindu Bigamous Marriages Act, 1946, declared that in case where either or both parties were domiciled in the State of Bombay the...

....”10. On behalf of the appellant, however, reliance has been placed in support of this objection on Narumal v. State of Bombay AIR 1960 SC 1329, 1960 Cri LJ 1974. This decision, in our opinion, is of little assistance to the appellant. The Court in that case was concerned with the Bombay Prevention of Hindu Bigamous Marriages Act, XXV of 1946. The appellant there had contracted a bigamous marriage in...bigamous marriage is equally unhelpful. Construing a section of the Criminal Law Amendment Act of New South Wales, it was observed there that the words used in that section were intended to apply to...liable to be punished under Section 5 of the Bombay Act. He and his second wife were both charged with having committed an offence under Section 6 of that Act and were tried by the Judicial Magistrate...

...married person at the time of his marriage with defendant No. 1 and therefore the marriage of Narayanrao with DW-1 will be a bigamous marriage which was prohibited under the Bombay Prevention of Hindu Bigamous Marriages Act, 1946 (this...Shahapur with Bombay State Narayanrao can be held as domicile in Bombay State itself from 8th March 1948; and his second marriage will come into the teeth of the provisions of the Bigamous Marriages Act if...Act will be referred as ‘Bigamous Marriages Act’ for short). The Trial Court has held that the marriage of Narayanrao with defendant No. 1 was void under the said...

...has been made. The Central Act, however, came into operation on 18-5-1955, that is prior to the filing of the petition.4. Section 30 of the Central Act provides as follows:“The Hindu Marriage Disabilities Removal Act, 1946 (XXVIII of 1946), the Hindu Marriage Validity Act, 1949 (21 of 1949), the Bombay Prevention of Hindu Bigamous Marriages...(Bombay Act XXV of 1946) the Bombay Hindu Divorce Act, 1947 (Bombay Act XXII of 1947), the Madras Hindu (Bigamy Prevention and Divorce) Act, 1949 (Madras Act VI of 1949), the Saurashtra Prevention of...been filed, against the respondent for divorce and dissolution of the said marriage on the ground of desertion under the provisions of the Bombay Hindu Divorce Act, 1947, which...

...limits of the province. As a proposition of law, it is generally correct and that is what was laid in (FB). In that case, a resident of Bombay married a woman in Bikaner at that place. The marriage was found to be a bigamous one and a bigamous marriage would be invalid and would constitute also a crime under the Bombay Prevention of Hindu Bigamous Marriages Act, 1946. The...Madras Hindu (Bigamy Prevention and Divorce) Act 1949, what exactly is her status? For the appellant the contention is that when the marriage is invalid, whatever might be the status of the...Hindu (Bigamy Prevention and Divorce) Act 1949 is explicit that notwithstanding any rule of law, custom or usage to the contrary, any marriage solemnised after the commencement of the Act...

...Nambudri only in some contingencies. The second marriage by a woman was not also unknown which depended upon desertion or putting away of the wife by her husband. In the State of Bombay, the Bombay Prevention of Hindu Bigamous Marriages Act, 1946 (XXV of 1946) made the contract of bigamous marriage void...Prevention of Hindu Bigamous Marriages Act, 1950 had a similar effect in that State. A similar legislation in Madhya Pradesh made marriages between Hindus in that State monogamous. In the State of...Madras as it existed then, the Madras Hindu (Bigamy Prevention and Divorce) Act (VI of 1949) rendered any marriage solemnized after the commencement of the Act between a...

...and defendants Nos. 2 and 3 are their legitimate sons.12. Let it be first noted here that it is an admitted position that the Bombay Prevention of Hindu Bigamous Marriages Act, 1946, was not applicable to the then Kolhapur State till the year 1953 and, therefore, the marriage between...the high class community of Marathas. The learned trial Judge was labouring under a basic mistake that Pat marriage was not a recognised form of marriage by Hindu Law. All this is very clear from.... According to them, she was the legally wedded wife of defendant No. 1 inasmuch as there was a Pat marriage between defendant No. 1 and defendant No. 4 in the year 1948. Thus, defendants Nos. 2 and 3...

...which reliance was placed by the Bombay High Court in Shankarrao's case (supra) dealt with the provisions of Sections 4(b) and 5 of the Bombay Prevention of Hindu Bigamous Marriages Act, 1946. The subject-matter of the said legislation was firstly marriage and...I on holding agricultural land and to provide for the acquisition and disposal of surplus agricultural lands. The Bombay Tenancy and Agricultural Lands Act, 1948 imposed...the impugned provisions and this amounts to extra-territorial operation of the said Act. Relying further on the decision of the Bombay High Court, it was contended that a person who is not domiciled...

...was a permanent resident of the erstwhile State of Hyderabad and that when he married the plaintiff at Nilgond in the then State of Bombay, his first wife was living. After marriage, Channawwa lived with Siddalingiah in the State of Hyderabad, until his death. When the marriage between Channawwa and Siddalingiah was performed, there was a law, namely, the Bombay Prevention of Hindu Bigamous Marriages Act, 1946 (hereinafter...Goa amongst all Hindu Goans, where members of the two spousal families and their friends and relatives participate. This did not imply that their marriage was to be governed by the HM Act...to as the ‘Bombay Act’) forbidding bigamous marriages amongst Hindus. It was for this reason that the Munsiffhad held the marriage to be void. The District Judge...

...dispute that Siddalingiah was a permanent resident of the erstwhile State of Hyderabad and that when he married the plaintiff at Nilgond in the then State of Bombay, his first wife was living. After marriage between Channawwa and Siddalingiah was performed, there was a law, namely, the Bombay Prevention of Hindu Bigamous Marriages Act, 1946 (hereinafter.... Thereafter, the respondent is said to have instituted a matrimonial case before the Family Court, Belgaum in M. C. No. 75/ 2006 under section 13(1)(ia) of the hindu marriage act, 1955...Hindu Goans, where members of the two spousal families and their friends and relatives participate. This did not imply that their marriage was to be governed by the HM Act.8. The...

...Shah, J.:—The complainant Nirmalabai filed a complaint being case No. 12/6/53 in the court of the Presidency Magistrate 17th Court, Mazgaon, Bombay, against her husband Rewadas Bhikabhai for an offence under s. 5 of the Bombay Prevention of Hindu Bigamous Marriages Act, No. XXV of 1946. It was the case of the complainant that, even though the respondent was married to the complainant, he contracted a bigamous marriage on...therefore in the special law. There is no express provision made in the Bombay Prevention of Hindu Bigamous Marriages Act, XXV of 1946, for the venue of enquiry and trial of.... The Bombay Prevention of Hindu Bigamous Marriages Act, XXV of 1946, does not lay down any procedure for the ‘manner’ of investigation, enquiry and trial of offences...