X is the wife of Z. Both are Hindu, and their marriage was solemnised before 1990. In 2003, X files a…

The wife seeks prevention of an impending breach of the subsisting marital obligation, not a challenge to the date on which the first marriage occurred. Section 38 permits an injunction to prevent breach of an obligation in her favour; Hindu Marriage Act section 5(i) requires that neither party have a spouse living for a new marriage, with sections 11 and 17 governing invalidity and bigamy. The mere passage of years since their marriage therefore does not make the preventive suit time-barred or require rejection of the plaint.