A division declared a null and void marriage, a null and void marriage. hehehe. Check the list of events/dates…
- a divorce petition between the respondent-Harshpreet Kaur and said Varinder Singh Thandi was filed on 23.12.2006
- the marriage between the parties was solemnized on 21.2.2007
- a divorce petition was pending between the respondent-Harshpreet Kaur and said Varinder Singh Thandi was decided on 18.1.2010
- the copy of the judgment dated 18.1.2010 (Ex.P-3) and copy of decree sheet dated 18.1.2010 (Ex.P-4) whereby divorce was granted to the respondent in respect of her earlier marriage
- she was in India as she arrived on 01.1.2012
- husband came to know that the respondent-Harshpreet Kaur was already married with one Varinder Singh Thandi in June, 2012
- there was no cohabitation between the parties after June, 2012
- thereafter she left for USA on 05.10.2012.
- She had again come to India on 10.1.2014 and was residing with her parents.
Harkanwalpreet Singh Vs Harshpreet Kaur on 17 Jan 2014
In the facts and circumstances, the respondent has admitted the case of the appellant. It is accepted by her that she had a spouse living at the time of her marriage with the appellant. This indeed contravenes Section 5(i) of the Act. As such merely because they have been married for a considerable time, it cannot per se be said that they are acting in collusion with each other. It is better if the marriage is declared null and void on the basis of the accepted position rather than making the parties go through a protracted litigative process. Besides, it is the statutory provision of Section 5(i) of the Act, which has been infringed and there is no estoppel against a statute. Therefore, in view of the admission on the part of the respondent that she had a spouse living at the time when her marriage was solemnized with the appellant-Harkanwalpreet Singh, we find no reason, why the marriage between the parties should not be declared void as it contravenes Section 5(i) of the Act.
Accordingly, the appeal is allowed and the judgment and decree of the learned trial Court is set aside and the marriage between the parties is declared void. There shall be no order as to costs.
Citations : [2015 DMC P&H 1 225], [2014 AIR P&H 60], [2014 SCC ONLINE P&H 1049]
Other Sources :