Case Note & Summary
The appellant-wife challenged the judgment and decree dated 29 October 2021 passed by the Family Court, Thane, in Petition No. A-192 of 2017, which declared her marriage with the respondent-husband as null and void under Sections 11 and 12(1)(c) of the Hindu Marriage Act, 1955. The parties were married on 30 November 2013 according to Hindu Vedic rites. The husband filed a petition in 2014 before the Family Court at Allahabad, later transferred to Thane, seeking annulment on the ground that the wife was already married to one Ashok Yadav and had a son from that wedlock, which she suppressed. The Family Court allowed the petition. On appeal, the High Court examined the evidence and found that the husband failed to prove that the wife's prior marriage was valid and subsisting at the time of the second marriage. The court noted that the husband did not produce the alleged first husband or any reliable evidence to establish the prior marriage. The High Court held that mere suppression of a past relationship does not render the marriage void under Section 11, nor does it constitute fraud under Section 12(1)(c) unless it goes to the root of the marriage. The appeal was allowed, the impugned decree was set aside, and the husband's petition was dismissed.
Headnote
A) Hindu Marriage Act - Void Marriage - Section 11 - Burden of Proof - The husband sought annulment of marriage on ground that wife had a prior subsisting marriage. The Family Court granted decree. On appeal, the High Court held that the husband failed to prove that the wife's prior marriage was valid and subsisting at the time of the second marriage. Mere suppression of past relationship does not attract Section 11. The decree was set aside. (Paras 1-10)
B) Hindu Marriage Act - Fraud - Section 12(1)(c) - Consent - The husband also claimed fraud for suppression of wife's prior marriage. The High Court held that even if there was suppression, it does not vitiate consent unless it goes to the root of the marriage. The husband failed to establish that the consent was obtained by fraud as to the nature of the ceremony or material facts. (Paras 1-10)
Issue of Consideration
Whether the Family Court was correct in granting a decree of nullity under Sections 11 and 12(1)(c) of the Hindu Marriage Act, 1955, on the ground that the wife had a prior subsisting marriage at the time of marriage with the husband.
Final Decision
Appeal allowed. Impugned judgment and decree dated 29 October 2021 passed by Family Court, Thane in Petition No.A-192 of 2017 is set aside. The husband's petition for nullity is dismissed.
Law Points
- Section 11 Hindu Marriage Act
- 1955
- Void Marriages
- Section 12(1)(c) Hindu Marriage Act
- Fraud
- Burden of Proof
- Prior Subsisting Marriage
- Nullity Decree
Case Details
2022 LawText (BOM) (10) 80
Family Court Appeal (Stamp) No.4839 of 2022 with Interim Application (Stamp) No.4840 of 2022
Nitin Jamdar, Sharmila U. Deshmukh
Mr.Sushil M. Shukla @ Janki J. Sampat for Appellant, Mr.Vivek Joshi for Respondent
Mala Kundan Rai @ Mala Rajeev Agarwal
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Nature of Litigation
Appeal against decree of nullity of marriage passed by Family Court under Hindu Marriage Act.
Remedy Sought
Appellant-wife sought setting aside of the decree of nullity and dismissal of husband's petition.
Filing Reason
Husband filed petition for annulment alleging wife had a prior subsisting marriage which was suppressed.
Previous Decisions
Family Court, Thane, by judgment dated 29 October 2021, declared the marriage null and void under Sections 11 and 12(1)(c) of the Hindu Marriage Act, 1955.
Issues
Whether the husband proved that the wife had a prior subsisting marriage at the time of marriage with him.
Whether the Family Court correctly granted decree of nullity under Sections 11 and 12(1)(c) of the Hindu Marriage Act, 1955.
Submissions/Arguments
Appellant argued that the husband failed to prove the existence of a valid prior marriage and that mere suppression does not attract Section 11.
Respondent argued that the wife suppressed her prior marriage and child, which constitutes fraud and renders the marriage void.
Ratio Decidendi
For a marriage to be declared void under Section 11 of the Hindu Marriage Act, 1955, the party seeking annulment must prove that the prior marriage was valid and subsisting at the time of the second marriage. Mere suppression of a past relationship or marriage does not suffice. The burden of proof lies on the petitioner.
Judgment Excerpts
Appellant takes an exception to the judgment and decree dated 29 October 2021, passed by the Family Court, Thane, in Petition No.A–192 of 2017, whereby the marriage between the Appellant–wife and the Respondent–husband solemnized on 30 November, 2013, was declared as null and void by a decree of nullity with effect from the date of decree.
Petitioner-husband filed Hindu Marriage Petition No.1342 of 2014 with the Family Court at Allahabad under Sections 11 and 12(1)(c) of the Hindu Marriage Act, 1955, seeking annulment of the marriage.
Procedural History
Husband filed Hindu Marriage Petition No.1342 of 2014 before Family Court at Allahabad under Sections 11 and 12(1)(c) of Hindu Marriage Act, 1955. The petition was transferred to Family Court, Thane and renumbered as Matrimonial Petition No.A-192 of 2017. Family Court, Thane passed judgment and decree dated 29 October 2021 declaring marriage null and void. Wife filed Family Court Appeal (Stamp) No.4839 of 2022 before Bombay High Court challenging the decree.
Acts & Sections
- Hindu Marriage Act, 1955: 11, 12(1)(c)
