Senior Civil Judge Ajay Goel restrained Gorakhpur native from re-marrying before annulment of his first marriage, the plea for which is pending in another court. He gave the order, upholding a trial's court order, which had said there was "infirmity or illegality" in the plea.
"The validity or invalidity of the marriage is to be seen by the court where the petition of annulment of marriage was filed by the appellant (man) is pending. This court cannot allow the commission of crime of bigamy by him by not allowing the application (of the woman).
"The plaintiff (woman) is legally-wedded wife till the marriage is annulled. The rights of the plaintiff cannot be allowed to be left in lurch and marred as prima facie case lies in her favour," the court said.
While dismissing the man's plea to set aside the order of the trial court restraining him from re-marrying, SCJ Goel said the husband has failed to explain why he was in a hurry to get married again.
"Defendant no. 2 (the man's proposed second wife) cannot be allowed to have any right during the subsistence of first marriage....The hardship is more to the plaintiff (first wife) rather than to the man. Balance of convenience also lies in favour of plaintiff because it will cause stigma to her for all times to come.
"The man has miserably failed to satisfy the court as to why he is in hurry in getting married again without waiting for the disposal of his petition (of annulment of first marriage), the court said. (MORE)
