151.
(SC) 13-12-2004
Hindu Marriage Act, 1955 (25 of 1955), Section 5,9,10,11,12,13 -- Bigamous marriage – Void declaration – Maintenance pendentlite – Permanent alimony -- Held, when the legislature has used such wide expression as ‘at the time of passing of any decree,’ it encompasses within the expression all kinds of decrees such as restitution of conjugal rights u/s Section 9, judicial separation u/s 10, declaring marriage as null and void u/s 11, annulment of marriage as voidable u/s 12 and Divorce u/s 13 -- Keeping into consideration the statutory Hindu Law, a bigamous marriage may be declared illegal being in contravention of the provisions of the Act but it cannot be said to be immoral so as to deny even the right of alimony or maintenance to a spouse financially weak and economically dependent.
(Para 13)