Lawstreet Journal

'Relief against third party cannot be claimed in proceedings between husband and wife under Hindu Marriage Act': Supreme Court

Lawstreet Journal 7 Nov 2021 2:34am

Image courtesy: Lawstreet Journal Judiciary 'Relief against third party cannot be claimed in proceedings between husband and wife under Hindu Marriage Act': Supreme Court

Case Title: NITABEN DINESH PATEL V. DINESH DAHYABHAI PATEL

The Hon'ble Supreme Court has held that in a proceeding under the Hindu Marriage Act, 1955 between a husband and a wife, 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 facts of the case:

Feeling aggrieved and dissatisfied with the impugned common judgment and order passed by the High Court of Gujarat at Ahmedabad by which the High Court dismissed the writ petition and quashed and set aside the order passed by the learned Family Court, the petitioner raised the present appeal.

The marriage between the appellant and the respondent took place in 1987 according to the Hindu rites. Out of the said wedlock, they had a child, named ‘Devashya’ in 1990. The appellant was also a doctor, but it was the case on behalf of the appellant that after the birth of the child she stopped practicing as a doctor and remained a housewife. 

The dispute arose between the husband and the wife and the respondent-husband filed a Hindu Marriage Petition before the learned Family Court under Section 13 of the Hindu Marriage Act, 1955 for dissolution of marriage, mainly on the ground that the appellant wife is guilty of cruelty.

According to the appellant-wife, the respondent-husband deserted her and their son in 2006 and the respondent-husband refused to provide maintenance for her and their… Continue Reading...


Tagged: Hindu Marriage Act   Supreme Court of India  
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