DAUGHTER HAS THE RIGHT TO QUESTION FATHER'S SECOND MARRIAGE

23rd March 2021

The Bombay HC Division bench of Justice VG Bisht and Justice RD Dhanuka interpreted section 7 (b). The bench ruled that daughters can file a petition challenging their parent's second marriage validity.

Background and Arguments

The bench was hearing an appeal against a Family Court's dismissal of the petition by a woman against her father's second wife, where she questioned the validity of the marriage.

The petitioner argued that the respondent (father's second wife) married her father to siphon his wealth and properties and that her father passed away in 2015.  The Counsel for the respondent argued that the appellant does not have a locus standi and that the family court only allows parties to a marriage to question the validity.

Observation

The Bench observed that as per sec 7 (b), the appellant has the locus to move the petition. Therefore the appeal succeeds and is accordingly allowed. The learned Family Court is directed to decide the Family Court Petition expeditiously and preferably within six months from the date of receipt of this order on its merit.

Author: Papiha Ghoshal

PC: Makaan.com