Whether second marriage performed by wife when husband is missing for seven years is valid?
On facts, it is found that Balbir Singh himself came alive and deposed in favour of Avtar Singh that he never absconded. Avtar Singh has established that Balbir Singh was very much alive when Sawaranjit Kaur contracted second marriage with Avtar Singh. Therefore, such a marriage solemnized by Sawaranjit Kaur with Avtar Singh is patently illegal and is null and void. Counsel appearing for Sawaranjit Kaur would further contend that Sawaranjit Kaur was an illiterate woman. As her husband had absconded for more than seven years she had contracted second marriage. Ignorance of law is no excuse. When the law lays down that a marriage with another person during the subsistence of marriage is null and void, Sawaranjit Kaur cannot hide herself behind the plea of illiteracy and seek for validity of the marriage. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No. 309-M of 2003 DATE OF DECISION :- August 03,2015 Smt. Sawaranjit Kaur ...Appellant Versus Lt. Col. Avtar Singh and others ...Respondents FAO No. M-256 of 2009 Balbir Singh ...Appellant Versus Swaranjit Kaur ...Respondent CORAM: HON’BLE MR.JUSTICE M.JEYAPAUL HON'BLE MRS. JUSTICE RAJ RAHUL GARG