14 January 2026 Legal Updates

Customary Second Marriage During Subsistence of First Marriage Void Unless Custom Is Strictly Proved: Chhattisgarh High Court

(a) Case Title:

• X v/s Y

(b) Court:

• Chhattisgarh High Court

(c) Date of Decision:

• January 13, 2026

(d) Bench:

• Justice Bibhu Datta Guru

Facts of the Case

The dispute arose out of a property inheritance claim relating to 2.47 hectares of agricultural land belonging to Late Sagnuram. The appellant was Sagnuram’s daughter from his first marriage with Nikmi Bai.

After the death of Nikmi Bai, Sagnuram allegedly entered into a customary ‘Chudi’ marriage with Gwalin Bai. Gwalin Bai already had two daughters (respondents) from her previous relationship, who later claimed inheritance rights in Sagnuram’s property. After the death of both Sagnuram and Gwalin Bai, the land was mutated in the names of the appellant and respondents.

The appellant objected, contending that Gwalin Bai’s first husband was alive at the time of the alleged customary marriage and no divorce legal or customary had taken place. Hence, the marriage was void and the respondents had no right to inherit.

Issues Raised

• Whether a second marriage solemnised by custom during the subsistence of a first marriage is valid under the Hindu Marriage Act, 1955?
• Whether mere assertion of customary marriage and cohabitation is sufficient to override Sections 5(i) and 11 of the HMA?
• Whether the respondents were entitled to inherit property as legal heirs of Sagnuram?

Contentions of the Petitioner

• The alleged customary marriage violated Section 5(i) of the Hindu Marriage Act, as the first husband of Gwalin Bai was alive.
• No proof of legal or customary dissolution of the first marriage was produced.
• Under Section 11 HMA, such a marriage is void ab initio.
• Custom cannot override statutory law due to the overriding effect of Section 4 HMA.
• Respondents, being children from a previous relationship, cannot inherit Sagnuram’s property.

Contentions of the Respondent

• The marriage between Sagnuram and Gwalin Bai was valid under community custom (‘Chudi Pratha’).
• Long cohabitation and social recognition established marital status.
• As step-children of Sagnuram, respondents were entitled to inheritance.
• Trial Court erred in disregarding customary practices.

Court’s Reasoning & Key Findings

1. Interpretation of Hindu Marriage Act:

• Section 5(i) mandates that neither party should have a living spouse at the time of marriage.
• Section 11 declares marriages violating Section 5(i) null and void.

2. Burden of Proof of Custom:

• The party relying on custom must specifically plead and strictly prove that:
  - The custom exists
  - It permits remarriage during the lifetime of the first spouse
• Respondents failed to prove any such custom.

3. Evidentiary Findings:

• PW-1 (respondent) admitted that Gwalin Bai’s first husband was alive at the time of ‘Chudi’ marriage.
• No evidence of divorce or customary dissolution was produced.

4. Reliance on Supreme Court Precedent:

• Yamunabai Anantrao Adhav v. Anantrao Shivram Adhav (1988):
  -  Marriage during subsistence of first marriage is void.
  - Custom inconsistent with HMA cannot be recognised due to Section 4 HMA.

5. Error of First Appellate Court:

• Treating cohabitation as proof of valid marriage was held to be a misapplication of settled Hindu law.

Final Verdict

• Second Appeal Allowed
• Judgment of the First Appellate Court set aside
• Trial Court’s decision restored
• The alleged customary marriage was declared void
• Respondents were disentitled from inheriting the property

Legal Principles Established

1. Void Marriage Under Hindu Law:

• A marriage contracted during the lifetime of a living spouse is void ab initio under Sections 5(i) and 11 HMA.

2.  Custom Cannot Override Statute:

• Due to Section 4 HMA, no custom or usage inconsistent with the Act can be recognised.

3.  Burden of Proving Custom:

The party claiming validity of marriage based on custom must strictly prove:

• Existence of the custom
• Its legality
• Its consistency with statutory law

4. Cohabitation is not a Valid Marriage:

• Long cohabitation or social acceptance cannot legalise a void marriage.

5.  Inheritance Rights Flow Only From Valid Marriage:

• Children or step-children from a void marriage do not acquire inheritance rights.