ABSTRACT

Family is the most vital unit of society and marriage. Under old Hindu law marriage was
considered purely sacrament but the Hindu Marriage Act, 1955 has brought radical
changes in the old concept of marriage. Now certain conditions have been laid down for
a valid marriage and unless these conditions are fulfilled the validity of marriage is
always in doubt. A marriage in violation of these conditions will not be valid but only a
supposed, pretended and attempted marriage. The nullity of a marriage is a legal
process by which a court nullifies the relationship of husband and wife which might have
come into existence because the parties had gone through the ceremonies and rites for
the solemnization of such marriage and renders a marriage in law a non-marriage.
Except for Islam, all personal statutes in the country impose monogamy as a rule, and
any marriage performed in contravention of the provisions imposing monogamy, is
illegal. In fact, such marriages are void ubder almost all statutes and does not establish
any relationship of husband and wife between the parties.Apart from that, the guilty
party is also liable to be punished under the penal law. It is significant to note that even
if the first spouse desires or permits the others second marriage, it would be illegal. The
court also passed maintenance order in favour of the wife and daughter. The High Court
held that such order was absolutely wrong and illegal and against the clear provisions of
the Hindu Marriage Act 1955, which does not permit second marriage during the
subsistence of the first marriage.