Declaration Of Marital-Status Strikes At Core Of Society, Can Be Done Only By Competent Court: Allahabad High Court

Recently, the Allahabad High Court observed that the declaration of marital-status strikes at the very core of society and can only be made by competent Court under Section 11 of the Hindu Marriage Act, 1955.The bench of Justice Rajesh Singh Chauhan and Justice Syed Qamar Hasan Rizvi observed,“It goes without saying that the declaration of the parties' marital-status, strikes at the very core of society. Declaration in the light of Section 11 of Hindu Marriage Act, 1955 can be made only by a competent court of law in an appropriate proceeding by and between the parties and in compliance with all other requirements of law. The courts are under obligation to render a complete and effective decision with regard to the marital status of the parties.”The wife married a Muslim man in 2013 through Nikah. Thereafter, in June 2020, she married the petitioner in a Hindu ceremony. Her divorce with the Muslim man was finalised in 2021. Sometime later, Petitioner-husband filed an application under Section 11 of the Hindu Marriage Act for declaration of marriage as void. Meanwhile, in mediation referred by the High Court in the criminal proceedings, the parties, husband and wife, agreed to withdraw criminal cases and not live together. In the settlement, it was also recorded that the parties would cooperate so that the proceedings under Section 11 can be concluded based on law. Based on the settlement, the criminal writ was disposed of. However, a recall application was filed on grounds that the Family Court had dismissed the application under Section 11, leaving the marital status of the parties unclear. Noting Section 5(i) of the Hindu Marriage Act which provides that neither party to the marriage must have a spouse living at the time of entering into the marriage, the Court observed,“the necessary conditions for a lawful wedlock under this provision is that neither of the parties should have a spouse living at the time of marriage and mandatorily they are Hindus. The marriage in contravention of this condition is void ipso jure in terms of Section 11 read with Section 5 (i) of the Hindu Marriage Act, 1955 and non-existent in the eyes of law being void from its very inception.”It held that a marriage void ab initio does not alter the status, rights and obligations of parties.The Court referred to the decisions of the Supreme Court in Yamunabai Anantrao Adhav versus Anantrao Shivram Adhav and another and M. M. Malhotra versus Union of India and others where the factum of first marriage of the wife was not disputed between the parties, leading to a declaration of invalidity of the marriage between the parties.Noting that the competent court before which application under Section 11 application has been filed must to complete justice between the parties, the Court held that the records of the Court were not before it, therefore, it refrained from interfering in the order passed by the Family Court and directed the parties to approach appropriate court against the order of the Family Court. Case Title: Ketan Rastogi And Others v. State Of U.P. Thru. Secy. Ministry Of Home Affairs Civil Secrt. Lko. And OthersClick Here To Read/Download Order

Declaration Of Marital-Status Strikes At Core Of Society, Can Be Done Only By Competent Court: Allahabad High Court

Upasna Agrawal

Tags