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Gujarat High Court Rules Second Marriage Invalid While First Wife is Alive, Overturns Family Court.
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News18•22-09-2026, 12:12
Gujarat High Court Rules Second Marriage Invalid While First Wife is Alive, Overturns Family Court.
- •The Gujarat High Court ruled that a second marriage is not legally valid if the first marriage is still subsisting, even if the second spouse was aware of it.
- •A man married a second woman while his first wife was alive, which the High Court declared illegal.
- •The second wife sought annulment of her marriage in Family Court, but her petition was rejected on the grounds that she knew about the man's first marriage.
- •The High Court overturned the Family Court's order, stating that a second marriage performed during the subsistence of the first is inherently invalid under the Hindu Marriage Act.
- •The court emphasized that the husband provided no evidence of divorcing his first wife, rendering the second marriage void.
Key Questions Answered
The Gujarat High Court declared that a second marriage performed while the first wife is still alive is inherently illegal and invalid under the Hindu Marriage Act, stating that knowing about a prior marriage does not validate a second one without a legal divorce.
The Vadodara Family Court rejected the second wife's petition to annul her marriage because she knew beforehand that the man was already married, holding that she could not benefit from her own conduct.
The High Court noted that the husband failed to present any evidence of having legally divorced his first wife, reaffirming that if the first marriage remains ongoing, any subsequent marriage is invalid at all costs.
