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High Court Rules: SMA Marriage Void if Prior Spouse Exists
24 Jul
Summary
- Secular marriage act marriage is void if a spouse is living.
- Personal law's polygamy provisions do not apply to secular marriages.
- Woman denied legal wife status due to husband's existing marriage.
The High Court has ruled that a marriage solemnized under the Special Marriage Act (SMA) is void if one of the parties has a living spouse at the time of the ceremony. This significant observation was made by Justice Sachin Shankar Magadum while dismissing a partition suit appeal.
The case involved Meena Kumari, who married Mohammad Rafiq under the SMA in 2008. Following Rafiq's death in 2024, Meena sought to be recognized as his legal representative, claiming to be his second wife. Her application was initially allowed by the trial court but later rejected after being challenged by Rafiq's first wife.
Meena's contention that her marriage was valid because it was registered under the SMA was rejected. Justice Magadum clarified that Section 4 of the SMA explicitly requires monogamy for a valid marriage. The court stated that provisions allowing polygamy under personal laws are applicable only to marriages governed by those specific laws, not the secular SMA.
Ultimately, the High Court upheld the trial court's order. Meena was denied the legal status of a wife or widow, as her marriage was deemed void from inception due to her husband's pre-existing marriage. However, their daughter was permitted to be recorded as Rafiq's legal representative.
