UNDER THE HINDU MARRIAGE ACT, RELIEF AGAINST A THIRD PARTY CANNOT BE CLAIMED - SC

The Supreme Court bench of Justices M.R.Shah and A.S.Bopanna held that in a proceeding under the Hindu Marriage Act, a relief against a third party cannot be claimed. The bench refused the appellant's (wife) plea seeking a declaration of marriage between her husband and another woman as void. However, the bench held that if some facts have come to knowledge after the commencement of trial, an application for amendment can be made. 

FACTS

The respondent-husband filed a divorce petition seeking dissolution of marriage. The wife sought amendments to her written statement seeking, inter alia (a) that the husband is living with another woman (adultery), and (b) marriage between her husband and another woman be declared void and the child born out of the wedlock be declared as illegitimate.

The Family Court partly allowed the application made by the wife. The court allowed her to amend her written statement but refused permission to amend the written statement to seek relief against a third party. In an appeal before the High Court, the HC refused to amend written statements in both instances in the exercise of powers under Order VI Rule 17 Civil Procedure Code.

HELD

The SC bench notices that the appellant came to know about the marriage between her husband and another woman during a cross-examination. Therefore, restrictions stated under Order VI Rule 17 are not applicable in the instant case. 

The Court answered negatively with respect to the permissibility of whether the appellant-wife could have claimed the relief seeking a declaration of the marriage between the two. The Court held that under S.23A of the Hindu Marriage Act, no relief can be prayed qua the third party by way of counterclaim.

Author: Papiha Ghoshal