Case Note & Summary
The appellant (wife) and respondent (husband) married on 17.02.2013. The husband had previously been married to one Rajkanya, and claimed that marriage was dissolved by a decree of divorce from the Additional District Judge, Delhi on 11.10.2000. The husband filed a petition under Section 11 of the Hindu Marriage Act, 1955 seeking a declaration that his marriage with the wife was null and void on the ground that his previous marriage was subsisting at the time of the second marriage. The wife filed a petition under Section 9 of the Act for restitution of conjugal rights. The Family Court, Akola, by a common judgment dated 30.05.2015, dismissed the wife's petition and allowed the husband's petition, declaring the marriage null and void. The wife appealed only against the decree of nullity. The High Court noted that the husband did not produce the certified copy of the divorce decree nor examined any witness from the Delhi court to prove the dissolution. The burden was on the husband to prove that his earlier marriage was validly dissolved, which he failed to discharge. The court held that the Family Court correctly concluded that the husband's previous marriage was subsisting, rendering the second marriage void under Section 11 read with Section 5(i) of the Act. The appeal was dismissed, and the decree of nullity was upheld.
Headnote
A) Hindu Marriage Act - Nullity of Marriage - Section 11 read with Section 5(i) - Burden of Proof - The husband sought declaration that his marriage with the wife was null and void on the ground that his previous marriage with Rajkanya was not validly dissolved. The Family Court allowed the petition. On appeal, the High Court held that the husband failed to prove that his earlier marriage was dissolved by a valid decree of divorce. The certified copy of the divorce decree was not produced, and the husband did not examine any witness from the Delhi court. Therefore, the marriage was rightly declared null and void. (Paras 1-10) B) Hindu Marriage Act - Restitution of Conjugal Rights - Section 9 - Dismissal of Petition - The wife's petition for restitution of conjugal rights was dismissed by the Family Court. The wife did not appeal against that dismissal. Hence, the High Court did not interfere with that part of the judgment. (Paras 2-3)
Issue of Consideration
Whether the marriage between the appellant and respondent dated 17.02.2013 is null and void on the ground that the respondent had a subsisting marriage with another woman at the time of the second marriage.
Final Decision
The High Court dismissed the appeal and upheld the decree of nullity passed by the Family Court, Akola, declaring the marriage between the appellant and respondent dated 17.02.2013 as null and void.
Law Points
- Section 11 Hindu Marriage Act
- 1955
- Section 5(i) Hindu Marriage Act
- nullity of marriage
- burden of proof
- subsisting marriage
- divorce decree validity
