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First wife can seek declaration of husband’s 2nd marriage as void: Allahabad High Court
The court held that application under Section 11 of The Hindu Marriage Act, 1955 by the first wife seeking declaration of husband’s second marriage as void is maintainable.
The Allahabad high court has held that the first wife can seek declaration of her husband’s second marriage as void (not valid).
The court held that application under Section 11 of The Hindu Marriage Act, 1955 by the first wife seeking declaration of husband’s second marriage as void is maintainable.
The bench comprising justice Saumitra Dayal Singh and justice Vinod Diwakar dismissed the petition filed by Garima Singh who had challenged the order granted by family court which allowed the first wife to challenge her husband’s second marriage.
The facts of the case were that Pratima Singh married Raghvendra Singh but due to certain matrimonial disputes, Raghvendra Singh filed a divorce suit before the family court.
In the divorce suit, Pratima filed a counterclaim for restitution of conjugal rites praying that she wants to live with her husband in their matrimonial home. The divorce plea was rejected, and the counterclaim filed by Pratima was allowed with directives to Raghvendra Singh to bring Pratima to his house.
Meanwhile, Pratima Singh came to know that her husband married one Garima Singh. During the pendency of this case, Raghvendra Singh died. The second wife was also made respondent in the case. The second wife took a preliminary objection that the first wife couldn’t file a case to declare her husband’s second marriage as void.
The family court decided the preliminary objection in favor of the first wife that she can file a suit seeking declaration of her husband’s second marriage as void. Aggrieved by the same, the second wife challenged the order before the high court.
The high court upheld the family court’s decision and dismissed the appeal filed by the second wife.
