Case Note & Summary
The appellant, Smt. Lakshmi, filed a suit before the Principal Judge, Family Court, Ballari, seeking a declaration that her marriage with the respondent, Sri K. Mallikarjuna, solemnized on 26.9.2013, is valid and that she is his legally wedded wife. The respondent contested the suit, disputing her claim. The Family Court framed issues and dismissed the suit, holding that the marriage was void ab initio as it was contracted during the subsistence of the respondent's first marriage with another woman. Aggrieved, the appellant filed this miscellaneous first appeal under Section 19(1) of the Family Courts Act, 1984. The core legal issue was whether a second marriage solemnized during the subsistence of the first marriage, in contravention of Section 5(i) of the Hindu Marriage Act, 1955, can be declared valid if the first marriage is subsequently dissolved by a decree of the court. The appellant argued that since the first marriage was later dissolved, the second marriage should be considered valid. The respondent contended that the second marriage was void from inception and cannot be validated. The High Court, after analyzing the provisions of Sections 5(i) and 11 of the Hindu Marriage Act, 1955, held that a marriage contracted during the subsistence of a prior marriage is void ab initio and cannot be validated by any subsequent event, including the dissolution of the first marriage. The court dismissed the appeal, affirming the Family Court's decision.
Headnote
A) Hindu Marriage Act - Validity of Second Marriage - Section 5(i) and Section 11 - Void Marriage - A marriage contracted during the subsistence of a prior marriage is void ab initio under Section 11 read with Section 5(i) of the Hindu Marriage Act, 1955. The subsequent dissolution of the first marriage by a decree of divorce does not cure the defect or validate the second marriage. The court held that a void marriage remains void from its inception and cannot be validated by any subsequent event. (Paras 1, 10-12) B) Hindu Marriage Act - Declaration of Marriage - Section 11 - Suit for Declaration - A suit seeking declaration that a second marriage is valid and that the plaintiff is the legally wedded wife, when the marriage was contracted during the subsistence of the first marriage, is not maintainable. The Family Court correctly dismissed the suit as the marriage is void under Section 11 of the Act. (Paras 5-9)
Issue of Consideration
Whether a second marriage solemnized during the subsistence of the first marriage in contravention of Section 5(i) of the Hindu Marriage Act, 1955, can be declared as valid if the first marriage is subsequently dissolved by a decree of the Court?
Final Decision
The High Court dismissed the appeal, affirming the judgment and decree of the Family Court, Ballari, dated 30.11.2018 in O.S. No.19/2018. The court held that the second marriage contracted during the subsistence of the first marriage is void ab initio under Section 11 read with Section 5(i) of the Hindu Marriage Act, 1955, and cannot be validated by the subsequent dissolution of the first marriage.
Law Points
- Second marriage during subsistence of first marriage is void ab initio under Section 11 read with Section 5(i) of Hindu Marriage Act
- 1955
- Subsequent dissolution of first marriage does not validate a void marriage
- Declaration of validity cannot be granted for a marriage that is void from inception
