Dilemma in two opposite judgemetns by sc
Law Querier
(Querist) 30 June 2012
This query is : Resolved
According to judgement of Supreme Court of India in the case of
Y. Narasimha Rao And Ors vs Y. Venkata Lakshmi And Anr on 9 July, 1991
Equivalent citations: 1991 SCR (2) 821, 1991 SCC (3) 451
Bench: Sawant, P.B., Foreign Divorce Judgment is not valid in India.
But, according to judgement of Supreme Court of India in the case of Pashaura Singh vs State Of Punjab & Anr on 13 November, 2009 Bench: Tarun Chatterjee, R.M. Lodha, remarrying after foreign divorce is not bigamy.
But, according to Section 494 of IPC, Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
I want to know from my expert that isn’t it error in the judgment given by Bench: Tarun Chatterjee, R.M. Lodha?
Raj Kumar Makkad
(Expert) 01 July 2012
You should again go through the referred judgment as the same is not as you interpreted. There is no contradiction in the case law.
