Declaration of Marital Status Strikes at the Very Core of Society: Allahabad High Court Reiterates Only Competent Court Can Declare a Marriage Void

“Marriage Void Ab Initio Has to Be Declared as Such by Competent Court—Not Left to Assumptions or Settlements” - In a significant observation on the sanctity and legality of marriage under Hindu law, the Allahabad High Court (Lucknow Bench) underscored the essential requirement of a judicial declaration under Section 11 of the Hindu Marriage Act, 1955 for treating a marriage as void.

The Division Bench of Justice Rajesh Singh Chauhan and Justice Syed Qamar Hasan Rizvi, while dismissing a recall application against an earlier compromise-based judgment, firmly held that “the declaration of the parties’ marital status strikes at the very core of society.” The Court stated that only a competent court, in an appropriate proceeding, can declare a marriage void, and that such determination cannot be implied or assumed—even where parties have settled their disputes.

“Declaration in the light of Section 11 of Hindu Marriage Act, 1955 can be made only by a competent court of law in an appropriate proceeding by and between the parties and in compliance with all other requirements of law,” the Court observed in Para 15 of the judgment.

Settlement Cannot Override the Need for Judicial Declaration of Nullity

The case revolved around a complex matrimonial history, where the woman—Smt. Mohini Verma—had earlier solemnised a Nikah in 2013 with one Dr. Zafar Sayeed, after embracing Islam. A Hindu marriage was later performed on 28.06.2020 between her and Ketan Rastogi, although her prior marriage was still subsisting at that time. The divorce from her earlier husband was finalised only on 19.01.2021.

Notably, the petition under Section 11 of the Hindu Marriage Act, 1955 (filed by the husband Ketan Rastogi to declare the second marriage void) was dismissed by the Family Court on 06.05.2025, citing lack of evidence and the fact that the parties had already settled their disputes through a compromise on 17.02.2024, which had also led to quashing of FIRs and other proceedings by a co-ordinate bench of the High Court.

However, the Court made it clear that compromise or mutual settlement cannot be a substitute for a formal judicial declaration of marital status under statutory law.

Marriage Between Two Hindus Requires Both Parties to Be Hindu at Time of Ceremony

Reaffirming the legal prerequisites of a valid Hindu marriage, the Court explained that Section 5(i) of the Hindu Marriage Act mandates that “a marriage may be solemnized between two Hindus if neither party has a spouse living at the time of the marriage.”

Since Mohini Verma was already married at the time of her second marriage under Hindu rites, and there was no clear proof of her reconversion to Hinduism, serious doubts were cast upon the legality and existence of the marriage solemnized in 2020.

“On a pointed query as to how marriage could have taken place in accordance with the Hindu methodology between persons of different religion, neither the learned Counsels... nor the parties themselves could give any satisfactory reply,” the Court noted.

Void Marriages Are Non-Existent in Law from the Very Beginning

Citing settled precedents such as Yamunabai Anantrao Adhav v. Anantrao Shivram Adhav, (1988) 1 SCC 530, and M.M. Malhotra v. Union of India, (2005) 8 SCC 351, the Court reiterated:

“The marriages covered by Section 11 are void ipso jure, that is, void from the very inception, and have to be ignored as not existing in law at all, if and when such a question arises.”

The judgment also drew upon Deoki Panjhiyara v. Shashi Bhushan Narayan Azad, (2013) 2 SCC 137 and A. Subash Babu v. State of A.P., (2011) 7 SCC 616, to explain that even in the case of a void marriage, the parties are well advised to seek a formal declaration under Section 11 for the sake of legal certainty and record.

No Relief for Applicant—Recall Plea Dismissed, but Parties Free to Challenge Family Court Order

Although the applicant Mohini Verma sought recall of the earlier High Court order dated 09.01.2025 (which had disposed of all pending proceedings based on compromise), the Bench found no ground to interfere merely on account of the Family Court’s later dismissal of the nullity suit. The Court concluded:

“We find no good ground warranting this Court to interfere with the said Order dated 09.01.2025, merely on the premise of some subsequent development, that too, a judicial pronouncement…”

However, the Court clarified that parties are at liberty to challenge the Family Court’s judgment dated 06.05.2025 through appropriate legal remedies.

No Marriage Can Be Declared Void Without Judicial Decree

In summary, the Allahabad High Court has fortified the legal position that marital status cannot be annulled by assumption, settlement, or administrative order. Any claim that a marriage is void must be adjudicated through a judicial process under Section 11 of the Hindu Marriage Act.

The decision serves as a cautionary precedent for litigants and courts alike: matrimonial nullity demands formal judicial recognition, particularly when it affects civil status, inheritance, maintenance, and other rights flowing from the marriage.

Date of Decision: 24 September 2025