Lawstreet Journal

'Relief Against Third Party Can't be Claimed in Proceedings Between Husband & Wife Under the Hindu Marriage Act, 1955' : Supreme Court

Lawstreet Journal 13 Oct 2021 12:25am

Image courtesy: Lawstreet Journal Judiciary 'Relief Against Third Party Can't be Claimed in Proceedings Between Husband & Wife Under the Hindu Marriage Act, 1955' : Supreme Court

The Supreme Court has held that in a proceedings under the Hindu Marriage Act, 1955 between a husband and a wife, a relief against a third party cannot be claimed.

The Court held so while rejecting a wife's plea to seek a declaration that the alleged marriage between her husband and another woman was void.

The Court stated: "Under the provisions of the Hindu Marriage Act, the relief of divorce, judicial separation etc. can be between the husband and the wife only and cannot extend to the third party. Therefore, by virtue of Section 23A of the Hindu Marriage Act, it is not open for the appellant herein - original defendant to seek declaration to the effect that the marriage between the respondent – original plaintiff and the third party is void. No relief can be prayed by way of counter claim even against the son born out of the alleged wedlock between the respondent - original plaintiff and the third party". 

A bench of Justices M.R.Shah and A.S.Bopanna made the observation in a judgement Nitaben Dinesh Patel vs Dinesh Dahyabhai Patel. The judgement authored by Justice M.R.Shah further held that if some facts have come to the knowledge subsequent to the commencement of trial an application for amendment of written statement  can be allowed even after the trial has commenced.

Factual background of the case:

The question regarding the amendment of pleas and the nature of reliefs that can be pleaded arose in a divorce suit between the… Continue Reading...


Tagged: Hindu Marriage Act   Supreme Court of India  
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