Marriage Null and Void Due to Sapinda Relationship: Upholds Rights of Children Born in Such Unions: Delhi High Court

In a recent judgment delivered on October 9, 2023, the Delhi High Court declared a marriage null and void due to a sapinda relationship under the Hindu Marriage Act, 1955. The ruling also upheld the rights of children born in such unions.

The judgment, delivered by HON'BLE MR. JUSTICE SURESH KUMAR KAIT and HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA, centered around a case filed under Section 28 of the Hindu Marriage Act, 1995. The petitioner sought the setting aside or quashing of a previous judgment and decree of nullity, which declared the marriage between the parties as void.

The key observation made by the court was regarding the existence of a custom or usage permitting marriages within the sapinda relationship. The court examined the evidence presented in this regard and concluded that the petitioner had failed to establish such a custom or usage. As a result, the marriage within the sapinda relationship was held to be null and void.

The judgment also addressed the rights of children born out of null and void marriages. It cited Section 16(3) of the Hindu Marriage Act, which confers legitimacy on such children. The court emphasized that these children have rights in the property of their parents, whether it is self-acquired or ancestral. It was clarified that there are no restrictions on the property rights of such children.

The court's ruling is significant as it reaffirms the legal stance on marriages within the sapinda relationship and their consequences. It also underscores the importance of recognizing the rights of children born in such unions.

The advocates representing the parties in this case were Mr. Prerna Arora, Ms. Devika Gupta, and Ms. Mallika Saxena for the petitioner and Mr. Nikilesh Ramachandran, Mr. Shubham Seth, and Mr. Anuj Panwar for the respondent.

This judgment serves as a precedent in matters related to sapinda relationships and the legal rights of children born in marriages that are declared null and void under the Hindu Marriage Act.

Date of Decision: 09 October 2023

NEETU GROVER  vs GAGAN GROVER