First Wife’s Right to Challenge Second Marriage under Hindu Marriage Act: ALLAHABAD HIGH COURT

In a significant and precedent-setting ruling, the Hon’ble High Court delivered a judgment upholding the rights of the first wife to challenge the legality of a second marriage under the Hindu Marriage Act, 1955. The bench comprising of Vinod Diwakar, J., and S.D. Singh, J., emphasized the need for a pragmatic and harmonious approach to interpreting social welfare legislation while safeguarding the rights of individuals involved in marital disputes.

Quoting from the judgment, the Court stated, “The legislature’s intention is to be gathered from the words they employ. The Court should give restrictive meaning only to the words used in the statutes to avoid absurd results and hardships. However, the rule of strict construction says that while interpreting even penal statutes, the judge should adopt that meaning which confers the benefit of the doubt to the accused.”

The case centered around the interpretation of the phrase “either party thereto” used in Section 11 of the Hindu Marriage Act, 1955. The court held that the phrase should be understood in harmony with “against the other party” to provide a clear and purposeful understanding of the section’s scope. This interpretation allowed the first wife, the respondent in this case, the right to file an application seeking the declaration of the second marriage as illegal and void.

In its judgment, the Court further stressed, “If the first wife is deprived of seeking a remedy under Section 11 of the Hindu Marriage Act, it would defeat the very purpose and intent of the Act. The protection offered to legally wedded wives under sections 5, 11, and 12 of the Hindu Marriage Act would become insignificant in such a scenario.”

The Family Courts Act, 1984, which aimed to streamline the resolution of family disputes, played a pivotal role in the Court’s ruling. The Act focused on simplification, expeditious resolution, promotion of conciliation, protection of women’s rights, the welfare of children, accessibility, affordability, and quick disposal of cases related to marriage, divorce, custody, guardianship, maintenance, and other familial issues.

Date of Decision: 27th July 2023

Garima Singh vs Pratima Singh And Another