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True Colors of a Vile Wife

Tag: Nullity Petition Allowed

Mudireddy Divya Vs Sulkti Sivarama Reddy on 26 Mar 2025

Posted on April 2 by ShadesOfKnife

A division bench of Telangana High Court held as follows,

On Limitation,

22. Moreover, it is a settled rule of construction that every effort should be made to iron the creases out in two conflicting enactments and the more liberal enactment should be adopted for resolving the conflict. Both the 1955 Act and the 1984 Act are special statutes designed to ensure efficient resolution of conflicts within the family without subjecting the parties to further procedural hiccups. We also take recourse to the principle of law that when two interpretations are found to be equally possible, the Court may reasonably accept that the Legislature intended to prescribe a larger period of limitation: Shivram Dodanna Shetty Vs. Sharmila Shivram Shetty2, Sonia Kunwar Singh Bedi Vs. Kunwar Singh Bedi3 and Chaudary Chetnaben Dilipbhai Vs. Chaudary Dilipbhai Lavjibhai4.

On Evidence for Divorce in first Marriage,

28. Admittedly, the respondent in the present case did not lead any evidence of the customary divorce between the respondent and his first wife. The impugned order dated 19.11.2024 reflects that despite conditional orders, the respondent neither appeared nor filed his evidence. This means that the respondent declined to lead evidence to prove customary divorce from his first wife or otherwise. Apart from a mere pleading that the respondent obtained divorce through customary practice, no other evidence of the existence of such a customary practice or a document showing that the divorce was indeed obtained through such a customary practice was produced by the respondent.

On impleadment of a co-respondent,

46. Further, Rule 8(3), which requires addition of a co-respondent in a petition under section 11 of the 1955 Act i.e., void marriages, cannot be equated to Rule 8(1) as the issue of whether the marriage is void is essentially a question of law rather than a question of fact. The presence or absence of a co-respondent, viewed from this angle, cannot be fatal to the outcome of the case.

51. We have considered the relevant Rules regulating the proceedings initiated under the 1955 Act and the decisions placed on the point of impleadment of a co-respondent in specific cases. We accept the contentions made on behalf of the appellant in favour of giving a comprehensive construction to the Rule. We are of the view that the presence of the respondent’s first wife as a co-respondent to the lis before us is not necessary since this is not a case where the respondent’s first wife would be required to be heard for preserving the principles of natural justice. This is also not a case where the adjudication would entail questions regarding her character, integrity or reputation. We must also take a practical view of the situation, since admittedly, the respondent’s first wife has been in a state of coma for a while.
52. The requirement of impleading the respondent’s first wife is hence dispensed with under an extended meaning given to the proviso to Rule 8(1) of the 1955 Rules. In other words, we do not find non-impleadment of the respondent’s first wife to be fatal to the petition under sections 11, 5 and 25 of the 1955 Act or in the Appeal before us.

On Desertion,

60. Moreover, the respondent has remained unrepresented in the present Appeal and the whereabouts of the respondent is not known to the appellant for over 4 years. As stated above, the notice addressed to the respondent in the present Appeal was returned with an endorsement “no such person in the address”. To put it simply, the respondent has made no effort to contest the Appeal or pursue the proceedings for restitution of conjugal rights filed before the Additional Family Court at Visakhapatnam.

Most importantly, On status of previous marriage,

67. There is a patent contradiction in the findings and reasons given by the Family Court. While the Court denied alimony to the appellant on the basis of the appellant being the second wife, the Court refused to come to any finding with regard to the status of the marriage between the respondent and his first wife. A finding on this was necessary in the context of the appellant’s petition seeking annulment of marriage under section 11 of the Act i.e., on the ground that the respondent had a surviving spouse on the date of his marriage with the appellant. To put it simply, the Trial Court failed to consider that the marriage between the appellant and the respondent, both Hindus, could not have been legally solemnized if the respondent had a spouse living at the time of the marriage.

On Income Affidavits,

69. Another unsubstantiated finding is that the appellant obtained divorce from her first husband with an alimony of Rs.50.00 Lakhs and is now claiming permanent alimony of Rs.1 Crore from the respondent. The Trial Court utterly failed to consider that the respondent was equally accountable to disclose his assets in order to resist the claim of alimony. The impugned order does not disclose any direction on the parties to file their affidavits disclosing their respective assets

Mudireddy Divya Vs Sulkti Sivarama Reddy on 26 Mar 2025

Index of Divorce/Nullity judgments is here.

Posted in High Court of Telangana Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to HM Act 25 - Permanent alimony and maintenance Mudireddy Divya Vs Sulkti Sivarama Reddy Nullity Petition Allowed Sukhdev Singh Vs Sukhbir Kaur | Leave a comment

M.Sreenivasulu and Ors Vs State of AP and Ors on 15 May 2024

Posted on May 25, 2024 by ShadesOfKnife

AP High Court held that once marriage is declared null and void ab-initio, no criminal proceedings for cruelty u/s 498A IPC are maintainable and on that ground discharge petition filed must be allowed.

From Para 16,

16. Learned counsel for the Petitioners contends that even upon conducting the trial, the ultimate conclusion of the proceedings is anticipated to result in the acquittal of the accused individuals. Consequently, it is asserted that the trial Court, given this foreseeable outcome, should have exercised its discretion to discharge the accused persons from further legal proceedings. In support of their contention, the Petitioners have also placed reliance on the judgment of the Hon’ble Apex Court in P. Siva Kumar & ors. V. State Rep., by the Deputy Superintendent of Police and ors7, wherein it held that:
7. Undisputedly, the marriage between the appellant No.1 and PW-1 has been found to be null and void. As such the conviction under Section 498-A IPC would not be sustainable in view of the judgment of this Court in the case Shivcharan Lal Verma’s case supra. So far as the conviction under Sections 3 and 4 of the Dowry Prohibition Act is concerned, the learned trial Judge by an elaborate reasoning, arrived at after appreciation of evidence, has found that the prosecution has failed to prove the case beyond reasonable doubt. In an appeal/revision, the High court could have set aside the order of acquittal only if the findings as recorded by the trial Court were perverse or impossible.

From Paras 17 and 18,

17. The learned counsel representing the Petitioners ardently asserts that in instances where a marriage is deemed null and void, the pursuit of legal proceedings under sections 3 and 4 of the Dowry Prohibition Act becomes untenable. Central to this argument is the delineation of “dowry” as envisaged within the Act, positing it as a demand for property or valuable security intricately intertwined with the institution of marriage.  Emphasizing the exhaustive scope of dowry as defined in section 2 of the Dowry Prohibition Act, counsel underscores its inclusive nature, encompassing a wide array of assets and properties exchanged directly or indirectly in connection with matrimonial alliances. Furthermore, counsel contends that once a marriage is declared null and void, any purported demand for dowry in relation to said marriage loses legal validity. Notably, in the case of P. Siva Kumar’s case as referred to supra, the Hon’ble Apex Court independently scrutinized the trial court’s decision, despite the nullification of the marriage, to assess the applicability of charges under sections 3 and 4 of the Dowry Prohibition Act.
18. Learned counsel for the Petitioners has apprised the Court of an admission made by the 2nd Respondent herein (wife/Defacto Complainant) during the Family Court proceedings. The order passed in F.C.O.P.No.1275 of 2015 reveals that the wife/Defacto Complainant did not raise any objection to the declaration of the marriage as null and void, but sought leave to contest other allegations pertaining to the recovery of amounts and ornaments through separate proceedings. Additionally, it appears that both parties have reached an amicable compromise, rendering the  continuation of the proceedings unnecessary. In light of these circumstances, this Court is inclined to believe that the Petitioners have established a  case warranting the allowing of the Revision Case.

M.Sreenivasulu and Ors Vs State of AP and Ors on 15 May 2024

Index of Divorce judgments is here.

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision IPC 498a - Conviction Not Sustainable due to Null and Void Marriage M.Sreenivasulu and Ors Vs State of AP and Ors Nullity Petition Allowed P Sivakumar and 2 Ors Vs State of Tamil Nadu Shivcharan Lal Verma and Anr Vs State of Madhya Pradesh | Leave a comment

Swapnanjali Sandeep Patil Vs Sandeep Ananda Patil on 06 March 2019

Posted on January 23, 2020 by ShadesOfKnife

The husband did a ‘Marriage deed’ (whatever that means) separation with his first wife and married the second woman.

13.1 At the outset it is required to be noted that the appellant filed the marriage petition for a declaration to declare her marriage with the respondent as null and void on the ground that, at the time of their marriage, the first marriage of the respondent with his first wife was subsisting; that the  respondent committed a fraud and suppressed the material fact of his first marriage, and in fact, in the registration form he stated himself to be a bachelor.

Swapnanjali Sandeep Patil Vs Sandeep Ananda Patil on 06 March 2019

Citations: [(2019) SCC Online SC 329]

Other Source links: https://indiankanoon.org/doc/163532688/ or https://www.casemine.com/judgement/in/5c8148999eff4345648def96


 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision HM Act 11 - Lied on Registration Form HM Act 11 - Void marriages Landmark Case Legal Procedure Explained - Interpretation of Statutes Non-Reportable Judgement or Order Nullity Petition Allowed Reportable Judgement or Order Sandeep Pamarati Swapnanjali Sandeep Patil Vs Sandeep Ananda Patil | Leave a comment

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