ALLAHABAD HIGH COURT
Saumitra Dayal Singh and Vinod Diwakar, JJ.
Garima Singh – Appellant
versus
Pratima Singh and Anr. – Respondents
First Appeal No.623 of 2022
Decided on 27.7.2023

IMPORTANT POINT
Second marriage – Illegal and void – Maintainability of application – Section 7 of Act of Family courts Act, 1984 should be interpreted harmoniously in conjunction with phrase “either party thereto” used in section 11 of Act of 1955 – Anyone aggrieved by solemnization of second marriage has option to file suit in family court, aligning with objectives for which Act of 1984, was established.

Headnote:

(A) Hindu Marriage Act, 1955 – Interpretation of Act – Act of 1955 is a social and welfare legislation – It has to be interpreted in manner that advances object of legislation – It intends to bring about social reforms – Court cannot interpret socially beneficial legislation on basis as if words therein are cast in stone – Courts to adopt purposive approach while dealing with interpretation of statutes related to social welfare pragmatically and practically. [Para 29]

(B) Interpretation of Statues – Legislature’s intention is to be gathered from words they employ – Court should give restrictive meaning only to words used in statutes to avoid absurd results and hardships – Rule of strict construction says that while interpreting even penal statutes, judge should adopt that meaning which confers benefit of doubt to accused –It is rule in construction of statute that if particular words are followed on those which are more general, more general word shall receive confined construction, as what is first mentioned must be supposed to have been chiefly in contemplation of legislature. [Paras 31, 32 and 33]

(C) Words – Meaning of –‘Either’ – In English Word “either”, when used as determiner, generally signifies two choices or possibilities – Phrase “either party thereto” commonly refers to one of parties involved in contract or legal agreement – By combining all elements, “either party thereto” can be understood as “one of parties to that contract or legal agreement”. [Para 34]

(D) Hindu Marriage Act, 1955 – Family Courts Act, 1984 – Interpretation of statutes – Harmonious construction Rule – Act of 1984, was primarily enacted to streamline culmination of proceedings initiated under Act of 1955 effectively and efficiently under one umbrella – If two statutes are enacted with purpose of supporting and collaborating with each other to achieve common objective, courts should primarily adopt harmonious and purposive rule of construction to aid in interpreting statutes, including words and phrases used therein. [Para 36]

(E) Hindu Marriage Act, 1955 – Sections 5, 11 – Family Courts Act, 1984 – Section 7 – Constitution of India, 1950 – Article 14 – Second marriage – Illegal and void –Term “either party thereto” shall be interpreted in harmony with “against the other party” – Inclusion of phrase “against the other party” was intended to provide a clear and purposeful understanding of section’s scope – Provision aims to ensure that anyone aggrieved by solemnization of second marriage has option to file suit in family court, aligning with objectives for which Act of 1984, was established –Court should strive to interpret and apply law in manner that upholds Act’s intent of eradicating polygamy while offering fair and uniform resolution to related matters –Remedy proposed in Lakshmi Ammal’s case, which is more expensive and time consuming, has lost its efficacy over time, especially after enactment of Act of 1984 – Narrow interpretation given to phrase “either party thereto” should not apply in cases where provisions of social welfare legislation are invoked – Such a restrictive interpretation would affect principle of equal protection of laws and equality before law, guaranteed under Article 14 of Constitution – Even if meaning of phrase “either party thereto” is considered to be unclear or ambiguous, principle of beneficial construction should be applied to determine its intent – There is no justification for interpreting section 11 in way that restricts its scope or narrows down its meaning – Purpose of granting a decree of nullity is to identify flaws in marriage and subsequently declare it as void – Essential to interpret relevant provisions in manner that facilitates fair and just outcome for parties involved – Decision of family court which grants first wife right to file application under section 11 of Act of 1955, upheld. [Paras 37, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48]

Result: Appeal dismissed.