Wife can seek declaration of husband’s 2nd marriage as void: HC

August 2, 203: A first wife’s application under Section 11 of The Hindu Success Act, 1955, seeking declaration of her husband’s second marriage as void is maintainable, the Allahabad High Court has ruled.

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While allowing the first wife to pursue legal recourse to nullify the second marriage on the grounds of its illegality, the HC dismissed an appeal by the second wife.

The case: Garima Singh versus Pratima Singh and Another

On May 6, 2002, one Pratima Singh married Raghvendra Singh in accordance with Hindu rites and ceremonies. Owing to matrimonial disputes, the husband in 2012 filed a case for divorce in the Chitrakoot family court. Pratima filed a counterclaim under Section 9 of the Hindu Marriage Act for restitution of conjugal rites. The court allowed Pratima’s counterclaim, dirceting Raghvendra to bring her to his house within one month to perform matrimonial obligation.

Up on learning that Raghvendra had in the meantime married one Garima Singh and have had two children, and that her father-in-law had registered a will deed bequeathed all his movable and immovable properties in the names of Graima and her children, Pratima filed a criminal case under Sections 494, 495, 496 IPC. The case is still pending. She also challenged the registered will deed. The suit was dismissed ex-parte vide judgement in 2022.

In 2020, Pratima filed a case before the family court under Section 11 of the Hindu Marriage Act, 1955, to declare the second marriage as null and void being performed in contravention of Section 5 of the Act.

During the pendency of this case, Raghvendra died in October 2021, and Garima was also made respondent in the case. In her plea, she took a preliminary objection that the first wife couldn’t file a case under Section 11. The family court rules that the first wife can file a suit of declaration of the second marriage as illegal and void. Aggrieved by the order, the second wife approached the HC.

What the high court said

“If the first wife is deprived of seeking a remedy under Section 11 of the Hindu Marriage Act, it would defeat the very purpose and intent of the Act. The protection offered to legally wedded wives under sections 5, 11, and 12 of the Hindu Marriage Act would become insignificant in such a scenario,” the two-judge Bench of Justices Saumitra Dayal Singh and Vinod Diwakar said.

“The ultimate aim of granting a decree of nullity is to annul a marriage that is found to be invalid from its inception, effectively treating it as if it never existed. Therefore, it is essential to interpret the relevant provisions in a manner that facilitates a fair and just outcome for the parties involved,” the Bench added.

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Sunita Mishra

An alumna of the Indian Institute of Mass Communication, Dhenkanal, Sunita Mishra brings over 16 years of expertise to the fields of legal matters, financial insights, and property market trends. Recognised for her ability to elucidate complex topics, her articles serve as a go-to resource for home buyers navigating intricate subjects. Through her extensive career, she has been associated with esteemed organisations like the Financial Express, Hindustan Times, Network18, All India Radio, and Business Standard.

In addition to her professional accomplishments, Sunita holds an MA degree in Sanskrit, with a specialisation in Indian Philosophy, from Delhi University. Outside of her work schedule, she likes to unwind by practising Yoga, and pursues her passion for travel.
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