Baindail v Baindail

Facts

A Hindu man, domiciled in India, married a Hindu woman in a potentially polygamous marriage. He later went through an English registry ceremony with an English woman.

Issue

Was the Indian marriage a marriage, so as to make the English ceremony bigamous?

Held

Yes. The English ceremony was annulled.

Principle

A potentially polygamous marriage is a marriage that occupies the parties' status. A later monogamous ceremony with a different person is void.

Why it matters

Since the 1965 amendment, and again under the 2009 Act, a person in a subsisting customary marriage cannot contract a Christian or civil marriage with someone else.

For study only. By lanbuk.com. Always check current sources and consult a qualified professional.