Declaration Of Nullity Of Marriage U/s. 11 HMA Strikes At Very Core Of Society, Can Only Be Done By Competent Court: Allahabad High Court

The Allahabad High Court has held that declaration of the marital-status, strikes at the very core of society and therefore can be made only by a competent court of law.

The Court was considering an Application seeking restoration of a Suit filed for declaration of marriage as null and void which was dismissed by the Family Court.

The division bench of Justice Rajesh Singh Chauhan and Justice Syed Qamar Hasan Rizvi observed, "It goes without saying that the declaration of the parties' marital-status, strikes at the very core of society. 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 courts are under obligation to render a complete and effective decision with regard to the marital status of the parties."

The Petitioner was represented by Advocate Mohd. Ghayasuddin Khan while the Respondent was represented by Government Advocate.

Facts of the Case

The Applicant had entered into matrimonial relationship with one Muslim man through Nikah after embracing Islam. The marriage of the Petitioner was solemnized as per the Hindu rites with the Applicant after her divorce was decreed.

The Family Court had dismissed the suit, taking into account the fact that the Parties have settled their dispute before the High Court and further that the Plaintiff had failed to establish his claim as made in the Plaint.

Counsel for the Applicant submitted that due to the dismissal of the Petition under Section 11 of Hindu Marriage Act, 1955, the marital-status of the Applicant has fallen in dilemma and the purpose of the settlement and compromise deed has been frustrated. 

Reasoning By Court 

The Court at the outset pointed out that none of the parties who are present-in-person could furnish a particular date as to when the Applicant again came back in the fold of Hindu religion.

It wasn't satisfied with reply of the query as to how the marriage could have taken place in accordance with the Hindu methodology, between the persons with different religion.

The Court looked into the provision of void marriage and referred to the Supreme Court's decision in Deoki Panjhiyara versus Shahshi Bhushan Narayan Azad & Another, 2013. Further referring to another Supreme Court's decision in Yamunabai Anantrao Adhav versus Anantrao Shivram Adhav and another(1988) wherein the Court has taken the view that a Marriage covered by Section 11 is void-ipso-jure, that is, void from the very inception, the Court pointed out there was no dispute between the parties either as regards the existence or the validity of the first marriage on the basis of which the second marriage was held to be ipso jure void.

It went on to refer to one more Supreme Court's decision in A. Subash Babu versus State of Andhra Pradesh & Another (2011) wherein the Court dealt with the question as to whether the wife of a second marriage contracted during the validity of the first marriage of the husband would be a "person aggrieved" under Section 198(1)(c) of the Code of Criminal Procedure to maintain a complaint alleging commission of offences under Section 494 and 495 of the Indian Penal Code by the husband.

The Court ruled that the impugned order warrants no interference merely on the premise of some subsequent development, that too, a judicial pronouncement rendered by a competent Court of law.

The Application was accordingly rejected.

Cause Title: Ketan Rastogi And Others v. State Of U.P. (2025:AHC-LKO:61102-DB)

Appearances:

Applicant- Advocate Mohd. Ghayasuddin Khan, Advocate Lav Singh, Advocate Mohd. Ghayasuddin Khan, Advocate Shyam Narain Mishra

Respondent- Government Advocate, Advocate Manish Soni, Advocate Mohit Kumar Rawat,  Advocate Saurabh Kr Shahi

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