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ALLAHABAD HIGH COURT
Rajesh Singh Chauhan and Syed Qamar Hasan Rizvi, JJ.
Ketan Rastogi and Ors. – Petitioners
versus
State of U.P. Thru. Secy. Ministry of Home Affairs Civil Secrt. Lko. and Ors. – Respondents
Criminal Misc. Writ Petition No.1314 of 2024
Decided on 24.9.2025
Hindu Marriage Act, 1955 – Section 11 – Void Marriages – Declaration of parties’ marital-status, strikes at the very core of society – Declaration in light of Section 11 of Hindu Marriage Act, 1955 can be made only by a competent court of law in an appropriate proceeding by and between parties and in compliance with all other requirements of law – Courts are under obligation to render a complete and effective decision with regard to marital status of parties – Necessary conditions for a lawful wedlock under this provision is that neither of parties should have a spouse living at the time of marriage and mandatorily they are Hindus – Marriage in contravention of this condition is void ipso jure in terms of Section 11 read with Section 5 (i) of Hindu Marriage Act, 1955 and non-existent in eyes of law being void from its very inception – Marriage which is void ab initio does not alter or affect status of parties, nor does it create between them any rights and obligations which must be normally arisen from a valid marriage, except such rights as are expressly recognized by the Act. (Paras 12 and 15)
Result: Application for Recall rejected.
Certainly. Based on the provided legal document, the key points are as follows:
The Court emphasized that declaring the marital status of parties, especially in cases involving void marriages, strikes at the very core of societal structure. Courts are obligated to deliver comprehensive and effective decisions regarding the marital status of the parties involved (!) .
Under the Hindu Marriage Act, 1955, a marriage that contravenes the conditions specified in Section 5(i), such as the presence of a living spouse at the time of marriage, is considered void from its inception. Such marriages are deemed null and have no legal existence, and they do not alter the parties' legal status or create rights and obligations typical of valid marriages unless explicitly recognized by law (!) (!) .
A marriage that is void ab initio (from the very beginning) does not require a declaration of nullity to be recognized as non-existent in law. It is inherently null and void without any formal declaration, and this status affects the legitimacy of children born from such marriages and the rights of the parties involved (!) (!) .
The declaration of marital status, especially regarding void marriages, must be made by a competent court in an appropriate proceeding, adhering to all legal requirements. This declaration is essential for clarifying societal and legal standing, and courts are under a duty to provide a complete and effective resolution of such issues (!) .
The Court refrained from delving into the factual matrix of the case at this stage, particularly regarding the disputed issues of marriage validity and religious conversion, emphasizing that the primary concern was the legal principle that such declarations are to be made only by a court of law (!) (!) .
The Court rejected the application for recall of a previous order, noting that the earlier decision was based on an amicable settlement between the parties. Subsequent developments, including a judicial order by a family court, did not warrant interference with the earlier order, and parties are free to seek appropriate legal remedies if aggrieved (!) (!) .
The case involved complex issues of religious conversion, marriage validity, and the legal consequences of marriages that contravene statutory conditions. However, the Court maintained that the determination of such issues requires a proper legal process and that the current proceedings do not resolve those factual disputes (!) (!) .
The Court clarified that, until a declaration of nullity is formally made by a competent court, the status of the marriage remains legally uncertain, and the parties' rights and obligations are not automatically affected by the fact of a marriage or its settlement outside of legal proceedings (!) (!) .
In summary, the legal principles underscore the importance of formal judicial declarations for establishing or contesting marital status, especially in cases involving void marriages, and affirm the Court's duty to ensure decisions are made in accordance with law and procedure.
JUDGMENT
Syed Qamar Hasan Rizvi, J.—
(Civil Misc. Application No.IA/5/2025-Application for Recall of order dated 9.1.2025)
Vakalatnama filed by Shri Saurabh Kumar Shahi & Shri Mohit Kumar Rawat, Advocates on behalf of writ petitioners is taken on record.
2. Heard, Shri Manish Soni, learned counsel for applicant/opposite party no. 4 in the writ petition, Shri Saurabh Kumar Shahi and Shri Mohit Kumar Rawat learned counsels for the petitioners.
3. By means of the instant application, Smt. Mohini Verma the applicant / opposite party no. 4, has prayed for the Recall of the Order dated 09.01.2025 passed by the co-ordinate Bench of this Court comprising of Hon’ble Mr. Vivek Chaudhary, J. and Hon’ble Mr. Om Prakash Shukla, J. and for the restoration of the case to its original number and to be heard and decided on merits afresh.
4. Record of the writ petition as available before us shows that the co-ordinate Bench of this Court vide Order dated 09.01.2025 decided the writ petition on the basis of a mutual agreement arrived between the litigating parties and allowed the same. The writ petitioner and the applicant herein / opposite party no.4 amicably settled their disputes in the presence of their parents and entered a compromise by executing a compromise deed dated 17.02.2024. The same is on record.
5. The contents of the aforesaid compromise dated 17.02.2024 are reproduced herein below for ready reference:
(Matter in Other Language)
6. The aforesaid compromise dated 17.2.2024 was duly verified by the Senior Registrar of this Court on 13.12.2024 under the orders of this Court dated 23.02.2024 thereafter the Writ Petition was allowed vide Order dated 09.01.2025 pursuant to the said compromise. The extract of the Order dated 09.01.2025 passed by the co-ordinate Bench of this Court is reproduced here-in-below:—
“Supplementary Affidavit filed today is taken on record.
Heard learned counsel for the parties and perused the record.
In the supplementary affidavit filed today, the petitioners have specifically stated that the Suit No.225 of 2022, under Section 340 CrPC filed before the family court was dismissed for want of prosecution on 9.8.2024. The plaintiff has not filed any recall application to get the said order dated 9.8.2024 recalled nor the same would be recalled.
Learned counsel for the parties also state that the parties have settled their dispute amicably and submitted their deed of compromise which is on record as Annexure No.2 to the writ petition. The report of the Senior Registrar of this Court dated 13.12.2024 is on record, according to which he has verified the compromise on 13.12.2024.
According to the terms of the compromise, parties have decided to withdraw all the cases filed by them against each other including First Information Report dated 9.4.2021 bearing Case Crime No.0216 of 2021, under Sections 323, 504, 506, 392, 354 I.P.C., Police Station Thakurganj, District Lucknow.
Intent is clear, the informant - Smt. Mohini Verma, who is a signatory to the compromise, does not want to press the FIR, therefore, no purpose would be served in allowing the proceedings even if charge sheet has been filed before the court below to go on considering the nature of the dispute.
Accordingly, the impugned FIR, which is the basis to serve consequential proceedings of investigation and thereafter filing of charge sheet, if any, is hereby quashed. Consequently, all proceedings taken consequent to the lodging of the FIR including charge sheet, if any, filed before the court below stand quashed.
The writ petition is, accordingly, allowed.
The Senior Registrar of this Court shall communicate this order to the court concerned for correcting its record, accordingly. Learned AGA shall communicate this order to the investigating officer.”
7. It has been brought to the notice of this Court by way of the instant Recall Application dated 27.05.2025 that the learned Family Court vide Order dated 06.05.2025 dismissed a pending case ha
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