Relief Against Third-Party Can’t Be Claimed In Proceedings Between Husband & Wife Under Hindu Marriage Act

Case: Nitaben Dinesh Patel vs Dinesh Dahyabhai Patel

Coram: Justices M.R.Shah and A.S.Bopanna

Case no.: CIVIL APPEAL NOS. 5901-5902 OF 2021

Court Observation: “Under the provisions of the Hindu Marriage Act, the relief of divorce, judicial separation etc. can be between the husband and the wife only and cannot extend to the third party. Therefore, by virtue of Section 23A of the Hindu Marriage Act, it is not open for the appellant herein – the original defendant to seek a declaration to the effect that the marriage between the respondent – original plaintiff and the third party is void. No relief can be prayed by way of counterclaim even against the son born out of the alleged wedlock between the respondent – original plaintiff and the third party”

“If some facts have come to the knowledge subsequently and subsequent to the commencement of trial….and if it is found necessary for the purpose of determining the real questions in controversy between the parties…such an application for amendment can be allowed even after the trial has commenced.”

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Keywords

Relief Against Third-Party, Husband & Wife, Hindu Marriage Act