a spouse living at the time of marriage

5.6 Now, section 5 of the Hindu Marriage Act, 1955 provides for condition for Hindu Marriage. It says that a marriage may be solemnized between two Hindus if certain conditions are fulfilled. One of the condition in section 5(i) is that neither party as a spouse living at the time of marriage. In view of the aforesaid provision, it is to be observed at the outset that the appellant herein was already a married person having two children out of the first wedlock. His earlier wife was living though claimed to have obtained divorce with her. He contracted marriage with respondent who was his student. The Page 15 of 23 Downloaded on : Tue Feb 14 13:34:56 IST 2023 C/FA/728/2020 CAV JUDGMENT DATED: 25/01/2023 marriage between the parties could be said to be suffering from basic infirmity that one of the partyappellant had been living at the time of marriage. 5.6.1 Section 11 of the Act is about void marriages. The provision says that any marriage solemnised after commencement of the Act shall be null and void and may, on a petition presented by either party against the other party, be so declared by the decree of nullity if it contravenes any of the conditions specified in clauses (i), (iv) and (v) of Section 5. Therefore, one of the ground on which the marriage could be treated as nullity and could be so declared is that, as provided in section 5 (i) that either party has a spouse living at the time of marriage.