Allahabad: Allahabad High Court has upheld the right of the first wife to file an application under Section 11 of the Hindu Marriage Act, 1955, seeking a declaration of her husband's second marriage as void. The bench, comprising Justices Saumitra Dayal Singh and Vinod Diwakar, emphasized that a restrictive interpretation of the Act would defeat its purpose and violate Article 14 of the Constitution of India.

The case of Garima Singh v. Pratima Singh and Another came before the division bench with the question of whether the first wife was entitled to file a case under sections 11 and 17 of the Hindu Marriage Act, 1955, to declare her husband's marriage to another woman as null and void.

The Court, in its judgment, highlighted that the Hindu Marriage Act is a socio-welfare legislation that aims to protect the rights of the first wife. It stressed the importance of interpreting such laws in a manner that advances the objectives of the legislation. The Court adopted a purposive interpretation while reading "either party thereto" in the Act in harmony with "against the other party" appearing in Section 11. This led to the conclusion that "anyone aggrieved by the solemnization of a second marriage has the option to file a suit in the family court."

The Court rejected the reasoning of a previous judgment and underscored that the ultimate goal of the Hindu Marriage Act was to eliminate the practice of polygamy. Therefore, the law should be interpreted and applied to achieve this objective.

The bench further emphasized that a pragmatic approach should be taken when interpreting provisions of socio-welfare legislations. This ensures that remedies available under Section 11 are not unduly limited and individuals seeking relief are not unjustly deprived of their rights. The decree of nullity, the Court explained, effectively treats the marriage as if it never existed, and hence, the relevant provisions must facilitate a fair and just outcome for the parties involved.

With this judgment, the Court dismissed the appeal by the second wife, who had contended that only parties to the marriage could file for a declaration under Section 11.

The ruling by the Allahabad High Court sets a significant precedent in protecting the rights of the first wife under the Hindu Marriage Act. It reinforces the importance of a broad and inclusive interpretation of socio-welfare legislations to serve the interests of justice and uphold the legislative intent.

Case Title: Garima Singh v. Pratima Singh and Another [First Appeal No. 623/2022]

Counsel for Appellant: Ram Kishore Pandey

Counsel for Respondent: Prem Singh, Ghanshyam Dwivedi