JUDGMENT 1. 1. This civil misc. appeal is against the order dated 16th Nov., 1989 of the learned Judge Family Court, Ajmer under which the learned Judge dismissed the application filed by the petitioner under section 125 of the Criminal Procedure Code on the ground that the marriage of the petitioner with respondent No. 4 Bhoor Singh was illegal as Bhoor Singh had earlier married with Basanti in March, 1977. The learned Judge placed reliance on the case of Smt. Yamunabai Anantrao v. Anantrao Shivram Adhav and another 1988 Supreme Court 644 , wherein the Court stated that 'the marriage with person having living spouse is null and void." It will appear from Sections 5 of the Hindu Marriage Act, 1955 that it contains the conditions for a Hindu marriage and one of the conditions is neither party has a spouse living at the time of the marriage. Thus the conclusion,of the learned Judge of the Family Court cannot be said to be erroneous. The view taken appears to be according to law. There is no force in this misc. petition and it is hereby dismissed with no order as to costs.Appeal dismissed. *******