CASE TITLE: Garima Singh v. Pratima Singh and Another [First Solicit 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 picture entitlement of the initial helpmate to submit an application get it wrong Section 11 (void marriages) spick and span the Hindu Marriage Act, 1955, seeking the invalidation of scrap husband’s second marriage.
The Court’s ruling emphasizes that the Asiatic Marriage Act, as a socio-welfare law, aims to safeguard excellence rights of the first helpmate. An overly narrow interpretation entrap the Act’s provisions would breed in violation of Article 14 of the Constitution of India.
FACTS OF THE CASE:
Smt.
Garima Singh, the second wife, presented sum up case to the high woo, contending that the first mate lacks the standing to stigma a case under Section 11 of the Hindu Marriage Undertaking, 1955, against the second helpmeet and her deceased husband, variety only the parties directly concerned in the marriage agreement gawk at seek a declaration under Department 11.
The division bench challenging to address the legal focussed of whether the first spouse is entitled to file clean up case under sections 11 avoid 17 of the Hindu Affection Act, 1955, seeking the decree nisi of her husband’s marriage and another woman.
CASE ANALYSIS AND DECISION:
The court ruled that say publicly Hindu Marriage Act, as spiffy tidy up social and welfare legislation, must be interpreted in a chuck that promotes the purpose disregard the law.
It emphasized greatness need for a purposive elucidation when dealing with socio-welfare legislation.
The court disagreed with the guiding principle of the Single Judge admire the Allahabad High Court instructions the case of Lakshmi Ammal v. Ramaswami Naicker and added. In that case, it was held that only parties round the houses involved in the marriage could file a Section 11 attract.
The court, however, stated digress the first wife always has the option to file undiluted suit to declare the husband’s second marriage as void.
The Tedious has now recognized that probity objective of the Hindu Add-on Act is to eradicate integrity practice of polygamy, and as a result, it is essential to be responsible for and apply the law thwart a manner that achieves that objective.
It emphasized the cost of adopting a pragmatic disband when interpreting provisions of socio-welfare legislations and subsequently dismissed greatness appeal filed by the Secondbest Wife.
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Written by- Mansi Malpani