Pat HC | Consent of first wife for solemnization of another marriage, during subsistence of second marriage, does not validate the second marriage

Patna High Court: A Division Bench of Hemant Kumar Srivastava and Prabhat Kumar Singh, JJ. rejected a letters patent appeal on the admission stage itself to be allowed to solemnize the second marriage during the subsistence of the first marriage and found it being having no merits to stand.

In the instant case, the appellant married his second wife during the lifetime of his first wife. When a departmental proceeding was initiated against him, he produced forged documents. Further, he was dismissed from service. Consequently, he challenged it. Later not only his appeal against the dismissal order but also its further revision against it was also dismissed by a Single Judge Bench.

The counsel for the appellant, Arun Kumar pled that the appellant solemnized his second marriage with Sunita Upadhayay (second wife) with the permission and consent of his first wife which the Disciplinary Authority and the Single Judge Bench failed to take into consideration.

The respondent’s counsel, Manoj Kumar Singh contended that the aforesaid authorities had considered all the aspects of the matter. Moreover the appellant was also charged for forgery.

In view of the above, the Court opined that the Single Judge Bench had discussed the case in detail and passed the impugned judgment. It observed that even if the first wife consented to the appellant’s marriage, it gave no right to the appellant to solemnize his second marriage. Moreover, the appellant failed to prove any violation of natural justice or any violation of rules. Further, the said factual aspect could not be looked into this Letters Patent Appeal. In view thereof, the appeal was dismissed.[Binod Kumar Singh v. Union of India, 2019 SCC OnLine Pat 2363, dated on 02-12-2019]

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