Case comment: Rameshwari Devi v.

State of Bihar AIR 2000 SC 735 and

Sabitaben v. State of Gujarat AIR 2005 SC 1809

3.3 Family Law – I

Submitted by:

Hitesh Gedam

UG16-22

II Year-III Semester

Submitted to:

Prof. (Dr.)Vijender Kumar, Professor of law

Prof. (Dr.) Naresh Kumar Vats, Professor of law

Academic Year: 2017-2018

Maharashtra National Law University, Nagpur.

 TABLE OF ABBREVIATIONS

AIR : All India Report

Bom. : Bombay
Cal. : Calcutta
Ed. (s) : Editor (s) or edited or edition
E.G. : “Exempli gratia”; for example
Ibid : ‘Ibidem’; same as above
Id : Same as second previous
P :Page number
Rev. : Revised
S. : Section
SC : Supreme Court
V. : Verses

i
 TABLE OF CASES

1. Badri Prasad v. Dy. Director of (1978) 3 SCC 527

Consolidation &Ors.

2. Captain Ramesh Chander AIR 1978 SC 1807

Kaushal v. Mrs. Veena Kaushal
and Ors.
3. Dwarika Prasad Satpathy v. AIR 1999 SC 3348
Bidyut Prava Dixit and Anr

4. Lata Singh v. State of U.P. AIR 2006 SC 2522

5. Nagalingam v. Sivagami, (2001) 7 SCC 487

6. Nanak Chand v. Chandra Kishore AIR 1970 SC 446

7. Smt. YamunabaiAnantraoAdhav AIR 1988 SC 644

v. AnantraoShivramAdhav and
Anr.

8. State of Karnataka and another v. 1996 (6) SCC 455

T. Venkataramanappa

9. State of W.B. and others vs. 1994 (2) SCC 37

Prasenjit Dutta

10. Vimala (K.) v. Veeraswamy (K.) 1991 (2) SCC 375

ii
 Table of Contents

TABLE OF ABBREVIATIONS ..................................................................................................... i

TABLE OF CASES ........................................................................................................................ ii
INTRODUCTION .......................................................................................................................... 1
Aim ............................................................................................................................................. 1
Objective ..................................................................................................................................... 1
Research Methodology ............................................................................................................... 2
Sabitaben v. State of Gujarat .......................................................................................................... 3
Facts of the case .......................................................................................................................... 3
Judgement ................................................................................................................................... 5
Critical analysis ........................................................................................................................... 8
Rameshwari Devi v. State of Bihar................................................................................................ 9
Facts of the case .......................................................................................................................... 9
Judgement ................................................................................................................................. 11
Critical analysis ......................................................................................................................... 13
Conclusion .................................................................................................................................... 14
Bibliogrphy ................................................................................................................................... 15

iii
 INTRODUCTION

During the subsistence of the first marriage entering into a second marriage is illegal in India and
the relationship arises from the same is held to be void. The law has been very clear on this
point. Yet, second marriages are a common practice prevalent in Indian society. The apparent
contrast between the law and social practice regarding second wives in India has led to a
situation where they are not properly protected under the law.

This research paper demarcates whether a woman whose marriage is void is entitled to the right
of maintenance or not. Personal laws relating to marriage do not allow bigamy or polygamy
except for Muslim law1. Such a marriage is treated as void. The law has made this point quite
clear. Nevertheless, second marriage is a common practice in our Indian society. As a result of
the aforesaid contrast between the law and social practice, second Hindu wives in India are not
properly protected under the law.2

The issue of right to maintenance to the second wife has been faced by various High Courts as
well as the Supreme Court, and the courts have given different views depending upon the facts
and circumstances of each case, thus giving diverse interpretation to the expression “wife” under
Section 125 of the Code of Criminal Procedure.

The study perpetually deals with two leading case laws which have been a considerable
precedent in many judgments.

Aim
To provide a brief analysis of the cases and restricting my research work to justified context. The
following review/analysis is attempted to bring the factual contents and also the various made by
the researcher to conclude the research work.

Objective

1
G.C.V Subba Rao, “Family Law in India”, Narendra Gogia & Company; 10 th ed. 2016, p. 154.
2
Samarth Trigunayat, CNLU, Inter-caste & Inter-Religious Marriages: Social And Legal Issues, August 21, 2014.

1
The study is based on the judgements made by the High Courts of the respective state in
purview of all the provision and previous judgements. The objective of this research paper are as
follows:

 Whether the provision of Hindu Marriage Act of 1955 needs improvisation.

 Whether the present cases have the provision entailing the constitutional validity.
 Retrospective approach to case analysis.
 Recent trends of society with regard to the marriage as an institution and approach of
judiciary will be analyzed so as to improve their analytical and critical thinking on fast
growing ,dynamic society and its impact on family.

Research Methodology

This project work has been carried out following descriptive and analytical approach. This study
is done with the help of secondary data. This secondary information has been obtained from
published sources such as books, journals, newspapers, websites, government publications etc.

2
 Sabitaben v. State of Gujarat3
Facts of the case

The case is pertaining to appellant’s plea Ms. Savitaben Somabhai Bhatiya against his live in
partner respondent no.2 and his son respondent no.3.

The facts are as follows:

 The appellant filed case contending that the respondent no. 2 married her sometime in
1994 according to the customary rites and rituals of their caste. Since then they lived
together but later he started ill-treating her and she was subjected to mental and physical
torture.
 On a thorough enquiry of his behavior by the appellant she learned that, the respondent
had developed illicit relationship with a lady named Veenaben.
 For three years lived in live-in relations and in this course of period the appellant got
pregnant and subsequently gave birth to a child.
 As respondent No.2 continued his ill-treatment againt the respondent and also neglected
the appellant and the child born, an application in terms of Section 125 of the Code was
filed claiming maintenance by the appellant.
 The appellant filed a case before the learned Judicial Magistrate, First Class (hereinafter
referred to as the 'JMFC') Himmatnagar.
 Respondent No.2 opposed the application by filing written statements taking the stand
that the appellant was not his legally married wife and the child (respondent No.3) was
not his son. He also denied having developed illicit relationship with Veenaben.
 He allegedly claimed that the appellant was married to him more than 22 years back and
two children were born. He also claimed that Their son Hament had died in the road
accident in July 1990.
 In the claim petition that Veenaben mentioned in the petition as found to be the legal wife
of the respondent no. 2, backed by evidences of voters list, ration card and provident fund
records.

3
AIR 2005 SC 1809

3
  On 23.6.1998 learned JMFC allowed the Claim Petition and granted maintenance. A
criminal revision was filed by respondent No.2 before learned Additional Sessions Judge,
Sabaakatha, District. Himmatnagar, who by his order dated 26.11.1998 set aside the
judgment dated 23.6.1998 as passed by the learned JMFC and remanded the matter to the
trial Court for adjudication afresh after affording an opportunity to respondent No.2 to
cross examine the witnesses of the appellant. By order dated 31.7.1999, learned JMFC
after considering the matter afresh awarded maintenance to both the appellant and the
child.
 In 2001 another Criminal Revision Application was files by the respondent no.2 against
the previous order in the District Court of Sabarkatha, Gujrat which consequently
dismissed by the learned judge.
 Further, respondent no.2 filed a Special Criminal Application No.568/2001 before the
Gujarat High Court which by the impugned order held that the appellant was no‘legally
wedded wife’ of respondent no.2.
 However, maintenance granted to the child (respondent No.3) was maintained and
amount as awarded to him i.e. Rs.350/- was enhanced to Rs.500/-. A direction was also
given to pay the enhanced amount from the date of order of the learned JMFC i.e.
31.7.1999.4
 The counsel for appellant submitted that the High Court has taken a too technical view in
the matter. Strict proof about a valid marriage is not the sine qua non for getting
maintenance under Section 125 of the Code.
 In continuance to this, documents produced by respondent No.2 to substantiate the plea
of earlier marriage with Veenaben should not have been given primacy over the clinching
evidence adduced by the appellant to show that she was unaware of the alleged marriage.
Since respondent No.2 is guilty of fraud and mis-representation, the equity should not
weigh in his favour.
 Law is intended to protect destitute and harassed woman and rigid interpretation given to
the word 'wife' goes against the legislative intent. In any event, nothing has been shown

4
Law Times Journal, “Critical Analysis of Restitution of Conjugal Rights as per Hindu Marriage Act”,
http://lawtimesjournal.in/critical-analysis-of-restitution-of-conjugal-rights-as-per-hindu-marriage-act/ (September
29,2017)

4
 by respondent No.2 to show that there is any customary bar for a second marriage.
Customs outweigh enacted law.
 Therefore, taking into account the high cost of living the quantum of maintenance should
be enhanced for the child.
 The whole case revolves around S.125 of the Code of Criminal Procedure, 1973, where
the counsel of the appellant contended that, since the code a provides a vivid definition
for the status wife for the allowances from the precursor husband, thus pleaded that the
maintenance should be provided the wife as well.
 In response, learned counsel for respondent No.2 submitted that law is fairly well settled
regarding the definition of the expression 'wife' and there is no scope for giving an
extended meaning to include a woman who is not legally married.
 There may be substance in the plea of learned counsel for the appellant that law operates
harshly against the woman who unwittingly gets into relationship with a married man
and Section 125 of the Code does not give protection to such woman. This may be an
inadequacy in law, which only the legislature can undo. But as the position in law stands
presently there is no escape from the conclusion that the expression 'wife' as per Section
125 of the Code refers to only legally married wife.5

Judgement

After going through hierarchical civil procedures the case was finally settled in the Gujrat
High Court. The court gave its judgement on following contentions;

Application of section. 125

 The provision i.e., Section. 125 of the code of criminal procedure is enacted for social
justice and specially to protect women and children as also old and infirm poor parents
and falls within the constitutional sweep of Article 15(3) reinforced by Article 39 of the
Constitution of India, 1950 (in short the 'Constitution'). The provision gives effect to the
natural and fundamental duty of a man to maintain his wife, children and parents so long

5
Ibid.

5
 as they are unable to maintain themselves. Its provisions are applicable and enforceable
whatever may be personal law by which the persons concerned are governed.6
 But the personal law of the parties is relevant for deciding the validity of the marriage
and therefore cannot be altogether excluded from consideration.7
 Further the court contended in lieu of the above point that, section 125 and the provisions
in the Hindu adoptions and maintenance act, 1973 are inconsistent and scope of the two
laws is different.
 The court invoked section.125 and explained it according to the primary circumstances
that were the dealing the case:
(a) 'minor' means a person who, under the provisions of the Indian Majority Act, 1875 is
deemed not to have attained his majority;
(b) 'wife' includes a woman who has been divorced by, or has obtained a divorce from,
her husband and has not remarried."

Validity of the marriage

The validity of the marriage for the purpose of summary proceedings under Section 125
of the Code is to be determined on the basis of the evidence brought on record by the
parties. The standard of proof of marriage in such proceedings is not as strict as is
required in a trial of offence under Section 494 of Indian Penal Code, 1860 (in short the
'IPC'). If the claimant in proceedings under Section 125 succeeds in showing that she and
the respondent have lived together as husband and wife, the Court has to presume that
they are legally wedded spouses, and in such a situation one who denies the marital status
can rebut the presumption. Once it is admitted that the marriage procedure was followed
then it is not necessary to further probe as to whether the said procedure was complete as
per the Hindu rites, in the proceedings under Section 125 of the Code. It is to be noted
that when the respondent does not dispute the paternity of the child and accepts the fact
that marriage ceremony was performed though not legally perfect, it would hardly lie in

6
Nanak Chand v. Chandra Kishore, AIR 1970 SC 446.
7
Smt. Yamunabai Anantra oAdhav v. Anantrao Shivram Adhav and Anr., AIR 1988 SC 644.

6
 his mouth to contend in proceedings under Section 125 of the Code that there was no
valid marriage as essential rites were not performed at the time of said marriage.8

The following judgment also dealt with social jurisprudence which is as follows;

The statutes calling for construction by courts are not petrified print but vibrant words with
social functions to fulfill. The brooding presence of the constitutional empathy for the weaker
sections like women and children must inform interpretation if it has to have social relevance. So
viewed it is possible to be selective in picking out that interpretation out of two alternatives
which advances the cause-the cause of the derelicts.9

In Smt. Yamunabai's case10, it was held that expression 'wife' used in Section 125 of the Code
should be interpreted to mean only a legally wedded wife. The word 'wife' is not defined in the
Code except indicating in the Explanation to Section 125 its inclusive character so as to cover a
divorcee. A woman cannot be a divorcee unless there was a marriage in the eye of law preceding
that status. The expression must therefore be given the meaning in which it is understood in law
applicable to the parties.

It may be noted at this juncture that the legislature considered it necessary to include within the
scope of the provision an illegitimate child but it has not done so with respect to woman not
lawfully married. However, desirable it may be, as contended by learned counsel for the
appellant to take note of the plight of the unfortunate woman, the legislative intent being clearly
reflected in Section 125 of the Code, there is no scope for enlarging its scope by introducing any
artificial definition to include woman not lawfully married in the expression 'wife'.

When a plea of subsisting marriage is raised by the respondent-husband it has to be satisfactorily

proved by tendering evidence to substantiate that he was already married.11

Once the right under the provision in Section 125 of the Code is established by proof of
necessary conditions mentioned therein, it cannot be defeated by further reference to the personal

8
Dwarika Prasad Satpathy v. Bidyut Prava Dixit and Anr, AIR 1999 SC 3348
9
Captain Ramesh Chander Kaushal v. Mrs. Veena Kaushal and Ors., AIR 1978 SC 1807.
10
Supra.
11
Vimala (K.) v. Veeraswamy (K.), 1991 (2) SCC 375.

7
law. The issue whether the Section is attracted or not cannot be answered except by reference to
the appropriate law governing the parties.

But it does not further the case of the appellant in the instant case. Even if it is accepted as stated
by learned counsel for the appellant that husband was treating her as his wife it is really
inconsequential. It is the intention of the legislature which is relevant and not the attitude of the
party.

Relying on the following contentions the maintenance claim of the appellant i.e., the wife
respondent no.2 was thus dismissed. Further the court held that since the child born was an
legitimate child according to section 125, hence the father of the child should continue to pay the
maintenance for the child.

Critical analysis

The said case deals with the validity of the second marriage and also the legitimacy of the born
out of such marriage. The present case is a case of an emerging concept in India formerly called
as the concept of live-in relationship. This is of one the celebrated case as it dealt with validity of
the marriage, but if the marriage was never held and the husband and the wife live together for a
stagnant period. This case mainly dealt what are the liabilities of the invalid marriage and the
parties who are involved in this type marriages. Section 5(1) of the Hindu Marriage Act, deals
with the monogamy as the essential condition for a valid marriage. Thus if at the time of the
marriage if any of the part has living spouse, then the marriage will be termed as invalid
marriage.

Further the case had an emerging concept of live-in Relationship. The definition of live in
relationships is not clear and so is the status of the couples in a live in relationship. There is no
specific law on the subject of live in relationships in India. There is no legislation to define the
rights and obligations of the parties to a live-in relationships, the status of children born to such
couples.

In this case the Supreme Court went further to the extent of observing that the fact that the
respondent was treating the appellant as his wife “is really inconsequential because it is the

8
intention of the legislature which is relevant and not the attitude of the party.12Even the plea that
the appellant was not informed about the respondent's earlier marriage, when she married him, is
of “no avail”, because the principle of estoppels cannot be pressed into service to defeat the
provisions of Section 125 of the Code of Criminal Procedure.13 Thus, as per the present
provisions of Section 125, there is no escape from the conclusion that the expression “wife”
refers only to the “legally wedded wife”. Hence, the Court granted maintenance to the child and
not to the second wife. Under the law a second wife whose marriage is void on account of the
survival of the first marriage is not a legally wedded wife, and is, therefore, not entitled to
maintenance under this provision.14

Rameshwari Devi v. State of Bihar15

Facts of the case

The present case deals with the monogamous feature as an essential condition for the valid
marriage.

A person commits the offence of bigamy if he/she marries again during the lifetime of his or her
spouse, provided that the first marriage is not null and void. If the first marriage is voidable then
also the offence of bigamy is committed.16 The appellant, Rameshwari Devi, first widow of the
deceased Narain Lal and the respondent (1) Yogmaya Devi, (2) State of Bihar and (3)
Accountant General (A&E) II Patna.

But where a person, who is an innocent in a bigamous marriage, any go to the court for a
declaration that the bigamous marriage is null and void. That would be for the purpose of
precaution or record or evidence.

In the following the Supreme Court considering the rival claims to the retirement of a deceased
government servant applying the provision of law laid down in section 5,11,16 of the Hindu
Marriage Act, 1955 held that the second wife of the deceased is not his “legally wedded wife” on

12
Prof. Vijender Kumar, Live-In Relationship : Impact on Marriage and Family Institutions, (2012), p. 19.
13
“Order for maintenance of wives, children and parents”, Code of Criminal Procedure, 1973.
14
Ibid.
15
AIR 2000 SC 735
16
Prof. Vijender Kumar, Concept of marriage undre hindu law: A Critique (2012), p.31.

9
the ground that the marriage between them was void under section5 (1) read with section 11of
the same Act, but however the child of the second wife are legitimate.

Following are the elaborated facts along with judgement:

 Dispute concerns to payment of family pension and death-cum-retirement gratuity to two

wives of Narain Lal, who died in 1987 while posted as Managing Director,Rural
Development Authority of the State of Bihar. Appellant is the first wife.

 Narain Lal is stated to have married second time with Yogmaya Devi on April 10,1963
while the appellant was still alive. From the first marriage he had one son and from the
second marriage four sons born in 1964, 1971, 1972 and 1976.

 Learned single Judge in his judgment held that children born to Narain Lal from the
wedlock with Yogmaya Devi were entitled to share the family pension and death-cum-
retirement gratuity and further that family pension would be admissible to the minor
children only till they attained majority.

 He also held that the second wife Yogmaya Devi was not entitled to anything. Appeal by
the first wife Rameshwari Devi against the judgment was dismissed by the Division
Bench. According to her there was no marriage between Narain Lal and Yogmaya Devi
and the children were, therefore, not legitimate.

 Yogmaya Devi says that from the time of her marriage with Narain Lal in April, 1963 she
has been continuously living with Narain Lal as his wife. At the time of her marriage she
had no knowledge if Narain Lal had earlier been married.

 She has referred to various judgments of this Court to show that when two persons are
living together for long years as husband and wife, in such circumstances, even in
absence of proof, a presumption of valid marriage between them would arise.

 She also says nothing has been brought on record to rebut that presumption. In Badri
Prasad v. Dy. Director of Consolidation &Ors.17, the Court said that a strong presumption

17
(1978) 3 SCC 527

10
 arises in favour of wedlock where the partners have lived together for a long spell as
husband and wife.

 Although the presumption is rebuttable, a heavy burden lies on him who seeks to deprive
the relationship of legal origin. Law leans in favour of legitimacy and frowns upon
bastardy. The Court further observed that if men and women who live as husband and
wife in society are compelled to prove, half a century later, by eye-witness evidence that
they were validly married, few will succeed. There have been various other judgments of
this Court holding where a man and a woman live together for long years as husband and
wife then a presumption arose in law of legality of marriage existed between the two,
though the presumption is rebuttable.18

 Mr. Dubey, counsel for Rameshwari Devi, submitted that inquiry conducted by the State
Government as to the marriage of Narain Lal with Yogmaya Devi was incompetent as
there was no lawful authority with the State Government to hold such an inquiry.

 It was for Yogmaya Devi to establish her right of her being married to Narain Lal in a
court of law. Mr. Dubey said under the relevant Conduct Rules applicable to Narain Lal
he could be charged with misconduct of his having married a second time during the life
time of his first wife.

Judgement

Stand of the State Government is that Rameshwari Devi was the legally married wife of Narain
Lal. He married again to Yogmaya Devi in April, 1963 and that the marriage with Yogmaya
Devi was against the provisions of law as contained in Sections 5 and 11 of the Hindu Marriage
Act, 1955. It was, therefore, a void marriage. Second wife had thus no status and could not claim
any share from the estate of Narain Lal as per the provisions of Hindu Succession Act, 1956.
Accordingly State Government sanctioned family pension and gratuity to Rameshwari Devi by
its order dated August 22, 1995. By this order the State Government cancelled its previous two

18
Bhanu Janpat, “Validity of Marriage”, http://www.preservearticles.com/2011122419195/according-to-the-ancient-
scriptures-how-many-types-of-marriages-are-there-in-the-hindus.html, last visited on 3/9/2017.

11
orders dated September 23, 1993 and October 6, 1993. Group insurance and final withdrawal of
GPF had already been sanctioned to Rameshwari Devi.19

However, in compliance with the order of the High Court dated April 26, 1996 in writ petition
filed by Yogmaya Devi family pension, gratuity, GPF, pay for unutilised leave and group
insurance were sanctioned to Rameshwari and her son and minor sons of Yogmaya Devi.

It is only in that circumstance when there is charge of misconduct there could be an inquiry as to
the marriage of Narain Lal with Yogmaya Devi. The Court placed its reliance on State of
Karnataka and another v. T. Venkataramanappa20 and State of W.B. and others vs. Prasenjit
Dutta 21.

But then it is not necessary for us to consider if Narain Lal could have been charged of
misconduct having contracted a second marriage when his first wife was living as no disciplinary
proceedings were held against him during his lifetime. In the present case, we are concerned
only with the question as to who is entitled to the family pension and death-cum-retirement
gratuity on the death of Narain Lal. When there are two claimants to the pensionary benefits of a
deceased employee and there is no nomination wherever required State Government has to hold
an inquiry as to the rightful claimant. Disbursement of pension cannot wait till a civil court
pronounces upon the respective rights of the parties. That would certainly be a long drawn affair.
Doors of civil courts are always open to any party after and even before a decision is reached by
the State Government as to who is entitled to pensionary benefits. Of course, inquiry conducted
by the State Government cannot be a sham affair and it could also not be arbitrary. Decision has
to be taken in a bona fide reasonable and rational manner. In the present case an inquiry was held
which cannot be termed as sham. Result of the inquiry was that Yogmaya Devi and Narain Lal
lived as husband and wife since 1963. A presumption does arise, therefore, that marriage of
Yogmaya Devi with Narain Lal was in accordance with Hindu rites and all ceremonies
connected with a valid Hindu marriage were performed. This presumption Rameshwari Devi has
been unable to rebut. Nevertheless, that, however, does not make the marriage between

19
http://weddings.iloveindia.com/features/types-of-hindu-marriages.html, last visited on 18/09/2017.
20
1996 (6) SCC 455
21
1994 (2) SCC 37.

12
Yogmaya Devi and Narain Lal as legal. Of course, when there is a charge of bigamy under
Section 494 IPC strict proof of solemnisation of the second marriage with due observance of
rituals and ceremonies has been insisted upon.

Critical analysis

Marriage under all matrimonial laws is a union, imposing upon each of the spouses certain
marital duties and gives to each of them certain legal rights. The necessary implication of
marriage is that the parties are to cohabit. Each spouse is entitled to the comfort or consortium of
the other. So, after the solemnisation of marriage, if either of the spouses withdraws himself or
herself from the society of the other without reasonable excuse, then the aggrieved party has a
legal right to file a petition in the matrimonial court for restitution of conjugal rights. 22 The court
after hearing the petition of the aggrieved spouse, on being satisfied that there is no legal ground
why the application should be refused, and on being satisfied of the truth of the statements made
in the petition may pass a decree of restitution of conjugal rights.

The following case dealt with the validity of marriage and entailing the constitutional validity of
the provisions of the Hindu Marriage Act, 1955. The legalization of child from a void marriage
which is mentioned under section 12 of this act and his rights under section 16 of the same act.
The judgment made has taken in care the standards of Hindu society and the sensitiveness of the
valid marriage. The children born from the second marriage may have got their justice but it still
left a scares on Rameshawari Devi who fought her and her children prime rights. The judgement
was in turn based on the established statute may look to us to be justified but the settlement
which was never expectable by the plaintiff and thus, was never looked upon.

22
Law Times Journal, “Critical Analysis of Restitution of Conjugal Rights as per Hindu Marriage Act”,
http://lawtimesjournal.in/critical-analysis-of-restitution-of-conjugal-rights-as-per-hindu-marriage-act/ (September
29,2017)

13
 Conclusion

Marriage is, no doubt, an individual relationship, but more than that it is a social institution
having complex social dimensions. The true happiness that the institution of marriage can bestow
upon a man/woman is found only in the continued pursuit of harmony by a couple. The
indiscreet and unguided divorce law may destroy all that is good in marriage institution. Even if
we take marriage as a mere contract, it cannot be said that it is the parties whose interest have to
be considered in divorce proceedings. It is larger social interest which should be put above the
individual interest of parties.

The Supreme court has with a view to do complete justice and shorten agony of the parties
engaged in long drawn battle, directed dissolution of marriage. Indeed, these were exceptional
cases, as the law does not specifically provides for the dissolution of marriage on the grounds
other than those given in Hindu marriage Act, 1955.

The following cases dealt with the pristine conditions that were prevailing earlier but the
judgement was made under modern applications. The judgements may turn our mind to the
change that are taking place in the society. The jurisprudence of the marriage may be difficult to
explain. What may be considerable in west may be wrongful act or crime in our society. But we
can still say that India is moving with changes as there had been jurists and scholars who are
continuing to work in this directions and increase the scope of the marriage and widened the the
meaning of marriage.

14
Bibliogrphy:

Books:

 Sir Dinshah Fardunji Mulla, “Hindu Law”, 22ndEd, 2016.

 G.C.V Subba Rao, “Family Law in India”, Narendra Gogia & Company; 10th Ed (2016)

 Paras Diwan, “Family Law”, Allahabad Law Agency; 9th edition (2012)

 Poonam Pradhan Saxena, Family Law Lectures - Family Law II, Lexis Nexis; First
edition (2011).

Websites/ Journals Referred:

 Law Times Journal, “Critical Analysis of Restitution of Conjugal Rights as per Hindu
Marriage Act”, http://lawtimesjournal.in/critical-analysis-of-restitution-of-conjugal-
rights-as-per-hindu-marriage-act/ (September 29,2017)

 http://weddings.iloveindia.com/features/types-of-hindu-marriages.html, last visited on

18/09/2017.

 Kusum,“Irretrievable Breakdown of Marriage: A Ground for Divorce”, 20 JILI.

15
16