Kerala High Court rules that a second husband cannot challenge the validity of the marriage even if the wife’s prior divorce decree was granted hours after their wedding on the same day.
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KERALA: In a landmark decision, the Kerala High Court clarified the finality of divorce proceedings and reinforced the validity of subsequent marriages. The ruling emphasizes that a husband cannot claim his marriage is null and void solely because his wife’s prior divorce decree from another marriage was granted a few hours after their wedding ceremony.
Background of the Case
The dispute revolved around a couple married on December 28, 2007. Initially, the husband filed a divorce petition acknowledging the validity of the marriage. However, he later sought to amend his petition, arguing that the marriage was null and void because the wife’s divorce from her first husband had been finalized later on the day of their wedding.
According to the husband, the couple’s marriage ceremony at 10 A.M. occurred before the Family Court in Kollam delivered the divorce decree at around 11 A.M., which he claimed rendered their union legally invalid. Surprisingly, the Family Court allowed the amendment, prompting the wife to approach the Kerala High Court.
Arguments
The husband’s counsel, Sri K.R. Arun Krishnan, relied heavily on Section 15 of the Hindu Marriage Act, 1955, arguing that the wife could not legally marry him before the expiry of the appeal period on her divorce decree.
On the other hand, the wife, represented by Sri Johnson Gomez, argued that the husband’s original divorce petition implicitly admitted the marriage’s validity. She contended that the amendment introduced contradictory claims, effectively turning a divorce petition into a nullity petition, which was not permissible as an alternative relief.
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Kerala High Court’s Analysis
The High Court examined the matter in light of Sections 13B and 15 of the Hindu Marriage Act. Key observations include:
- The wife’s prior divorce was granted by mutual consent, making the possibility of an appeal “remote.”
- The husband lacked legal standing to challenge the marriage on timing grounds. The court emphasized that only the divorced spouse could potentially contest the remarriage, which did not occur in this case.
- Permitting the amendment led to contradictory pleadings: first, acknowledging the marriage’s validity for a divorce, and second, claiming it was void ab initio. The court described this as “two antipodean streams.”
- The court also rejected the husband’s factual argument, explaining that a divorce judgment operates from the commencement of the day it is delivered, not the precise hour.
The bench clearly stated:
“When there is no challenge by the petitioner’s former husband to her subsequent marriage, we fail to fathom how the 1st respondent can now say that her marriage with him is null and void.”
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Verdict:
The Kerala High Court set aside the Family Court’s order that permitted the amendment, ruling that the husband could not contest the marriage on these grounds. The judgment reinforced the principle that marriages contracted after a valid divorce decree cannot be invalidated due to minor technicalities or timing issues.
Case Title:
X vs Y
OP (FC) NO. 409 OF 2025
Read Judgment: