First Wife Can File Application U/S 11 Hindu Marriage Act For Declaration Of Husband's Second Marriage As Void: Allahabad High Court

The Allahabad High Court has upheld the right of the first wife to file an application under Section 11 (void marriages) of the Hindu Marriage Act, 1955 for declaration of her husband's second marriage as void.

On the harmonious reading of the Family Courts Act, 1984 and the Hindu Marriage Act, 1955, bench comprising of Justices Saumitra Dayal Singh and Vinod Diwakar held:

“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 Court held that the Hindu Marriage Act being a socio-welfare legislation intends to protect the rights of the first wife. A restrictive interpretation of the provisions of the Act would violate of Article 14 of the Constitution of India.

Second wife approached the High Court claiming that the first wife could not file a case under section 11 of the Hindu Marriage Act, 1955 against the second wife and her husband (deceased) as only parties to the marriage (agreement) can file for declaration under Section 11.

The question law before the division bench was: “Whether the first wife is entitled to file a case under sections 11 & 17 of the Hindu Marriage Act, 1955, for declaring her husband's marriage with another woman, as null and void?”

The Court held that the Hindu Marriage Act, being a social and welfare legislation, needs to be interpreted in a manner that advances the object of the legislation. Purposive interpretation should be adopted while interpreting socio-welfare legislations.

Further, the Court read “either party thereto” in the Act in harmony with “against the other party” appearing in Section 11 of the Hindu Marriage to hold that “anyone aggrieved by the solemnization of a second marriage has the option to file a suit in the family court.”

The Court did not agree with the reasoning of the Single Judge of the Allahabad High Court in Lakshmi Ammal v. Ramaswami Naicker and another wherein the Court had held that Section 11 application could only be filed by the parties who were a party to the marriage. First wife would always have a remedy to file a suit for declaration of husband’s second marriage as void, the Court had said.

The Court has now observed that the object of the Hindu Marriage Act was to eliminate the practice of polygamy and the Court must interpret and apply the law in a manner to achieve such objectives of the legislation. A pragmatic approach needs to be taken while interpreting provisions of socio-welfare legislations, it said.

“In the process of beneficial construction, the Court should lean towards an interpretation that serves the interests of justice and aligns with the broader objectives of the law. By doing so, the Court can ensure that the remedies available under section 11 are not unduly limited, and individuals seeking relief are not unjustly deprived of their rights. 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”, held the Court while dismissing the appeal by the Second Wife.

Case Title: Garima Singh vs. Pratima Singh and Another 2023 LiveLaw (AB) 233 [First Appeal No. 623/2022]

Case Citation: 2023 LiveLaw (AB) 233

Counsel for Appellant: Ram Kishore Pandey

Counsel for Respondent: Prem Singh, Ghanshyam Dwivedi

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