CASE TITLE: Garima Singh v. Pratima Singh and Another [First Appeal No. 623/2022]
DECIDED ON: 27.7.2023
CORAM: Hon’ble Saumitra Dayal Singh, J. Hon’ble Vinod Diwakar, J.
INTRODUCTION:
The Allahabad High Court has affirmed the entitlement of the initial wife to submit an application under Section 11 (void marriages) of the Hindu Marriage Act, 1955, seeking the invalidation of her husband’s second marriage. The Court’s ruling emphasizes that the Hindu Marriage Act, as a socio-welfare law, aims to safeguard the rights of the first wife. An overly narrow interpretation of the Act’s provisions would be in violation of Article 14 of the Constitution of India.
FACTS OF THE CASE:
Smt. Garima Singh, the second wife, presented her case to the high court, contending that the first wife lacks the standing to file a case under Section 11 of the Hindu Marriage Act, 1955, against the second wife and her deceased husband, as only the parties directly involved in the marriage agreement can seek a declaration under Section 11. The division bench had to address the legal question of whether the first wife is entitled to file a case under sections 11 and 17 of the Hindu Marriage Act, 1955, seeking the annulment of her husband’s marriage with another woman.
CASE ANALYSIS AND DECISION:
The court ruled that the Hindu Marriage Act, as a social and welfare legislation, should be interpreted in a way that promotes the purpose of the law. It emphasized the need for a purposive interpretation when dealing with socio-welfare legislation.
The court disagreed with the reasoning of the Single Judge of the Allahabad High Court in the case of Lakshmi Ammal v. Ramaswami Naicker and another. In that case, it was held that only parties directly involved in the marriage could file a Section 11 application. The court, however, stated that the first wife always has the option to file a suit to declare the husband’s second marriage as void.
The Court has now recognized that the objective of the Hindu Marriage Act is to eradicate the practice of polygamy, and therefore, it is essential to interpret and apply the law in a manner that achieves this objective. It emphasized the importance of adopting a pragmatic approach when interpreting provisions of socio-welfare legislations and subsequently dismissed the appeal filed by the Second Wife.
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Written by- Mansi Malpani
