Second Marriage Without Divorce Declared Null and Void by Delhi High Court

Delhi High Court, December 05, 2023-  In a recent judgment, the court highlighted the complexities surrounding second marriages without divorce. The appellant wife, challenged the Family Court’s order, which declared her marriage null and void under Section 11 of the Hindu Marriage Act.

Background of the Case

The legal saga began when the Husband filed a petition under Section 11 of the Hindu Marriage Act, 1955, seeking a declaration that his marriage on November 29, 2020, is void. The Family Court, after a thorough examination, decreed the suit, emphasizing the appellant wife’s unequivocal admission of marrying during the subsistence of her prior marriage.

Key Highlights of the Family Court's Judgment

The crucial points that led to the declaration of the marriage as null and void include:

  1. Admission of Second Marriage: The respondent admitted to getting married second time while her first marriage  was legally subsisting.
  2. Legal Basis: The Family Court invoked Order XII Rule 6 of CPC and Section 11 of the Hindu Marriage Act, 1955 to declare the marriage null and void.
  3. Awareness Not a Defense: The court dismissed the argument that the respondent (Husband) was aware of the appellant’s subsisting marriage, reiterating that such awareness does not invalidate the void status under Section 11 of the Hindu Marriage Act.
Image of Lady of Justice. Text overlay says "Second Marriage Without Divorce Declared Null and Void"

Appellant's Submissions and High Court's Response

The appellant’s counsel argued that the knowledge of the prior marriage by the respondent should render the decree untenable. However, the court, citing precedents, emphasized that even if the marriage occurred with knowledge of the existing marriage, it would still be void under Section 11 of the Hindu Marriage Act, 1955.


The appeal and connected applications were dismissed by the High Court, upholding the Family Court’s decree. The judgment reinforces the legal stance that second marriages during the subsistence of a prior marriage are void, regardless of the parties’ awareness.

Download Judgment

Click above to download this Judgment in the case titled MAT.APP.(F.C.) 353/2023. It can serve as a valuable resource for legal reference.

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