1. Facts of the Case
‘H’, a Hindu man, married W1 in the year 1980 according to Hindu customary rites. They lived together for some time, but due to the cruel behaviour of H, W1 was forced to leave the matrimonial home and began living with her parents.
In the year 1983, while the first marriage was still subsisting, H contracted a second marriage with W2, without obtaining a divorce from W1. After that, H never returned to W1 nor provided her any maintenance or support.
Subsequently, W1 filed an application before the Court seeking:
- Divorce on the grounds of cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, and
- Maintenance under Section 25 of the Act and/or Section 125 CrPC.
In response, H filed a counter-petition under Section 9 of the Hindu Marriage Act, 1955, seeking Restitution of Conjugal Rights, asking the Court to compel W1 to return to him.
The question before the Court is whether W1 is entitled to divorce and maintenance, and whether H’s petition for restitution of conjugal rights is maintainable, considering his second marriage during the subsistence of the first.
2. Issues in the Case
- Whether W1 is entitled to divorce on the ground of cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955?
- Whether H’s second marriage with W2 during the lifetime of W1 is valid or void under Indian law?
- Whether H can claim restitution of conjugal rights against W1 under Section 9, when he has married another woman during W1’s lifetime?
- Whether W1 is entitled to maintenance after filing for divorce on grounds of cruelty and desertion?
3. Legal Principles Covered
A. Applicable Laws
- Hindu Marriage Act, 1955
- Section 5(i): For a valid Hindu marriage, neither party should have a spouse living at the time of marriage.
- Section 11: Any marriage solemnized in contravention of Section 5(i) is void ab initio.
- Section 13(1)(i-a): A spouse may seek divorce on the ground of cruelty by the other spouse.
- Section 9: Provides for Restitution of Conjugal Rights when either spouse has withdrawn from the society of the other without reasonable cause.
- Section 25: Provides for permanent alimony and maintenance to the spouse, even after divorce.
- Code of Criminal Procedure, 1973
- Section 125 CrPC: Provides for maintenance to wives, including those separated due to cruelty or neglect, irrespective of marital status, to prevent destitution.
B. Judicial Precedents
- Sarla Mudgal v. Union of India (AIR 1995 SC 1531)
- The Supreme Court held that a second marriage contracted by a Hindu man during the subsistence of the first marriage is void ab initio under Section 11 of the Hindu Marriage Act.
- Such a husband is also liable for bigamy under Section 494 IPC.
- Yamunabai Anantrao Adhav v. Anantrao Shivram Adhav (AIR 1988 SC 644)
- It was held that the first wife continues to enjoy the status of a legally wedded wife, and the second marriage has no legal validity.
- K. Srinivas Rao v. D.A. Deepa (2013) 5 SCC 226
- The Court held that mental cruelty includes any conduct which causes emotional pain, humiliation, or distress to the other spouse.
- Bipinchandra Jaisingbhai Shah v. Prabhavati (AIR 1957 SC 176)
- The Court held that if one spouse abandons the other without reasonable cause, it amounts to desertion under Section 13(1)(ib).
C. Legal Analysis
- Cruelty by H towards W1:
- W1’s departure from the matrimonial home due to the cruelty of H constitutes a valid ground for divorce under Section 13(1)(i-a).
- Validity of H’s Second Marriage:
- Since H married W2 during the lifetime of W1, without obtaining a divorce, this marriage is void ab initio under Section 11, as it contravenes Section 5(i) of the Hindu Marriage Act.
- Restitution of Conjugal Rights:
- For seeking restitution, the petitioner must come to the Court with clean hands.
- By entering into a second marriage, H has violated the sanctity of the first marriage and cannot demand restitution from W1.
- His counter-petition under Section 9 is therefore not maintainable.
- Maintenance Rights of W1:
- W1, being the legally wedded first wife, is entitled to maintenance under Section 25 of the Hindu Marriage Act and/or Section 125 CrPC.
- The fact that she left the matrimonial home due to cruelty constitutes reasonable cause, not desertion.
4. Possible Judgement
A. Findings
- The marriage between H and W1 is valid under Hindu law.
- The marriage between H and W2 is void ab initio, as it was performed during the subsistence of the first marriage, violating Section 5(i) of the Hindu Marriage Act.
- The cruel behaviour of H towards W1 justifies her filing for divorce under Section 13(1)(i-a).
- H’s counter-petition for restitution of conjugal rights is not maintainable, since he himself has violated marital obligations by remarrying.
- W1, as the legally wedded wife, is entitled to maintenance and permanent alimony.
B. Decree of the Court
- Divorce Decree: Granted in favour of W1 under Section 13(1)(i-a) on the ground of cruelty.
- Restitution Petition: Dismissed as not maintainable.
- Maintenance:
- W1 is entitled to permanent alimony under Section 25 of the Hindu Marriage Act.
- She may also claim monthly maintenance under Section 125 CrPC, considering her dependence and H’s financial capacity.
- Criminal Liability:
- H’s second marriage with W2, during W1’s lifetime, is void and may attract criminal prosecution under Section 494 IPC (Bigamy).
Final Judgment Summary
| Legal Issue | Court’s Decision |
|---|---|
| Validity of Second Marriage | Void ab initio (violates Section 5(i) and Section 11, HMA 1955) |
| Ground for Divorce | Cruelty (Section 13(1)(i-a)) proven |
| Restitution of Conjugal Rights | Not maintainable due to second marriage |
| Maintenance to W1 | Allowed under Section 25 HMA and Section 125 CrPC |
| Liability of H | May be prosecuted under Section 494 IPC (Bigamy) |
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