LILA GUPTA versus LAXMI NARAIN & ORS.

LILA GUPTA versus LAXMI NARAIN & ORS.

A marriage contracted in contravention of the proviso to section 15 of the Hindu Marriage Act, 1955 (i.e., before expiry of the statutory waiting period after divorce) is not void in the absence of express statutory provision declaring it so; therefore, the appellant cannot be denied the status of wife and consequently widow for succession to the deceased husband's estate.

Parties
Appellant: Lila Gupta; Respondents: Laxmi Narain & Ors.
Jurisdiction
India
Judgment Date
04 May 1978
Procedural Posture
Civil Appeal / Supreme Court Appeal From Division Bench Judgment of Allahabad High Court
Outcome
Appeals allowed
Legal Topics
Marriage Validity, Hindu Marriage Act, Section 15 HMA, Succession, Remarriage After Divorce
Family Law Marriage Validity Hindu Marriage Act Section 15 HMA Succession Remarriage After Divorce

Case Brief

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Parties

Lila Gupta

Appellant

Laxmi Narain & Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal From Division Bench Judgment of Allahabad High Court

Legal Issues

  1. 1 Whether a marriage contracted in contravention of the proviso to s. 15 of the Hindu Marriage Act, 1955 is void or only invalid and not affecting the core of marriage so as to bind the parties in wedlock.

Ratio Decidendi

A marriage contracted in contravention of the proviso to section 15 of the Hindu Marriage Act, 1955 (i.e., before expiry of the statutory waiting period after divorce) is not void in the absence of express statutory provision declaring it so; therefore, the appellant cannot be denied the status of wife and consequently widow for succession to the deceased husband's estate.

Court Disposition

Appeals allowed

Orders

  • Judgment of the Division Bench and learned Single Judge of the Allahabad High Court set aside
  • Writ petitions dismissed