Challenge by third party

The Hon'ble Court has held in Surjit Singh Versus Mohinder Pal Singh AIR Punj 156 that if a party marries against the mandate of Section 5 clause (i) of the Act after its enforcement then in that case the validity of the marriage can be questioned by a third party before a civil court. With regard to the Hindu Marriages are concerned Section 5 would be of universal application to all those persons who are subject to it and more particularly when question have been raised with regard to validity of any marriage in India as held under AIR 1982 Bombay 231. More importantly the question regarding validity of any marriage being conducted against the norms laid down in Section 5(i) of the Hindu Marriage Act, 1955 can be questioned even after the death of one of the spouse to the marriage as held under Smt. Ram Pyari versus Dharam Das AIR HLR 544 by the Hon'ble Court.