News Citation : 2026 LN (HC) 41
Bilaspur, January 13, 2026 : The High Court of Chhattisgarh has ruled that a marriage performed while a previous spouse is still alive is void in law, even if it is claimed to be based on local custom. The decision came in a second appeal arising out of a long-running land dispute from Durg district, where succession rights depended entirely on whether a customary marriage could be treated as legally valid.
Justice Bibhu Datta Guru delivered the judgment on January 13, 2026, allowing Second Appeal No. 116 of 2005 and restoring the trial court’s decree. The court set aside the order of the first appellate court, which had earlier recognised a customary “Chudi” marriage and granted inheritance rights on that basis.
The dispute concerned agricultural land originally owned by Sagnuram, a resident of village Dhaneli. After the death of his first wife, it was claimed that he entered into a customary marriage with Gwalin Bai, a widow, under the Chudi tradition. Following the deaths of both Sagnuram and Gwalin Bai, competing claims arose between the daughter from the first marriage and the children born to Gwalin Bai from her earlier relationship.
While the trial court had rejected the claim of the latter group, the first appellate court reversed that finding and treated Gwalin Bai as the legally wedded wife of Sagnuram, relying on evidence of cohabitation, community recognition, and revenue records. That view, however, did not survive scrutiny in second appeal.
The High Court closely examined the evidence and found a crucial admission by one of the plaintiffs: at the time the alleged customary marriage took place, Gwalin Bai’s first husband was still alive. There was no proof of divorce or dissolution of that earlier marriage, either under statutory law or established custom.
Referring to Sections 5(i) and 11 of the Hindu Marriage Act, 1955, the court held that a Hindu marriage contracted during the subsistence of an earlier valid marriage is void from its inception. The judgment made it clear that customary practices cannot override codified law, particularly after the enactment of the 1955 Act.
The court relied on settled principles laid down by the Supreme Court of India, including the ruling in Yamunabai Anantrao Adhav, to reiterate that such marriages confer no legal status and cannot form the basis of inheritance. Mere cohabitation or social acceptance, the court said, does not cure a marriage that is void in law.
It also criticised the first appellate court for shifting the burden of proof onto the defendant and for placing undue reliance on revenue entries. Revenue records, the High Court observed, are administrative in nature and cannot create title or validate an otherwise illegal marital relationship.
Concluding that the finding recognising the customary marriage was perverse and contrary to evidence, the court answered the substantial question of law in favour of the appellant. As a result, the trial court’s dismissal of the suit was restored, and no order as to costs was passed.
The ruling reinforces a consistent judicial position that customs inconsistent with statutory marriage law cannot be used to claim spousal status or property rights, especially in succession disputes.
Case Reference : SA No. 116 of 2005, Smt. Sooraj Bai W/o Jhagaruram, Durg vs Smt. Hiran Bai W/o Tekram Sahu, Rajnandgaon and Others. Counsels : For Appellant(s) : Mr. Manoj Paranjpe, Senior Advocate along with Ms. Shivangi Agrawal, Advocate For Resp. No. 1 & 2 : Mr. Virendra Soni along with Mr. Ankush Soni, Advocates For State/Resp. No. 5: Mr. Santosh Soni, Govt. Advocate