Relief Against Third Party Can't Be Claimed In Proceedings Between Husband & Wife Under Hindu Marriage Act : Supreme Court

12th Oct,2021

Relief Against Third Party Can't Be Claimed In Proceedings Between Husband & Wife Under Hindu Marriage Act : Supreme Court



The Supreme Court has held that in a procedures under the Hindu Marriage Act between a spouse and a wife, an alleviation against an outsider can't be guaranteed. The Court held so while dismissing a spouse's request to look for a presentation that the supposed marriage between her better half and another lady was void. "Under the arrangements of the Hindu Marriage Act, the alleviation of separation, legal division and so on can be between the spouse and the wife just and can't reach out to the outsider. In this manner, by excellence of Section 23A of the Hindu Marriage Act, it isn't open for the litigant thus – unique respondent to look for statement such that the marriage between the respondent – unique offended party and the outsider is void. No alleviation can be asked via counter case even against the child conceived out of the supposed wedlock between the respondent – unique offended party and the outsider", the Court expressed. A seat of Justices M.R.Shah and A.S.Bopanna mentioned the observable fact in a judgment Nitaben Dinesh Patel versus Dinesh Dahyabhai Patel. The judgment composed by Justice M.R.Shah further held that if a few realities have gone to the information resulting to the beginning of preliminary an application for correction of composed articulation can be permitted even after the preliminary has initiated.