Legal provisions involved: Sections 5(iii), 11 and 12 of the Hindu Marriage Act, 1955; Family Courts Act, 1984.
Judgement by: Allahabad High Court
Judge/Bench: Justice Arindam Sinha and Justice Satya Veer Singh
Facts
The parents of an army soldier who died in a terrorist encounter challenged a Family Court order which declared Sadhna Devi as their son’s legally wedded wife and widow. They claimed that no valid marriage had taken place and argued that the marriage was void because the woman was allegedly below 18 years of age at the time of marriage.
Key legal provisions
Sections 5(iii), 11 and 12 of the Hindu Marriage Act, 1955
Issues raised
Whether in-laws can ask the court to declare a marriage void on the ground that the bride was underage?
Arguments of the case
The parents argued that the marriage was invalid and that the Family Court had no authority to decide the issue. The woman stated that a proper marriage ceremony had taken place and was supported by documents and witness statements.
Judgement
The High Court held that only a spouse has the right to seek annulment of a marriage. Parents or in-laws cannot do so. Since the plea of underage marriage was never raised before the Family Court, it could not be raised for the first time in appeal. The appeal was dismissed, and the woman was confirmed as the legally wedded wife and widow.
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