Justice M. R. Shah and Justice A. S. Bopanna of the top court observed that the Hindu Marriage Act provisions are for relief in terms of divorce etc between husband and wife only and no extension to the third party.The court while partly allowing the appeal had set aside the decision of the High Court, restored the decision of the Family Court and opined:11. In view of the above and for the reasons stated above, the present appeals succeed in part. The impugned judgment and order passed by the High Court is hereby quashed and set aside. The order passed by the learned Family Court dated 8.5.2018 passed in the application (Ex.281) is hereby restored and the appellant herein – original defendant is permitted to amend the written statement as prayed qua paras 35 and 36. The amendment sought by the appellant qua para 37 is hereby dismissed. However, it will be open for the appellant to initiate independent proceedings by way of filing a substantive suit and/or any other remedy which may be available to the appellant under law with respect to prayer sought qua para 37.”
Appellant and respondent had a son out of their marriage. Both of them are doctors but the appellant had stopped practising after having a child. A dispute came up amongst them. So respondent filed for divorce.
A petition for divorce was filed as per Section 13, HMA, while the appellant had filed an application before the Family Court and the court partly allowed the application wherein the court allowed the appellant to amend by including para 35 and 36 in the written statement while disallowed para 37.
Appellant and respondent filed writ petitions before the High Court and the court allowed the writ petition filed by the respondent while dismissing the writ petition by the appellant.
In a civil appeal that had been filed before the Apex Court, the court opined:
“Therefore, the respondent to the aforesaid proceedings can pray for the aforesaid reliefs only by way of counter claim and that too between the petitioner and the respondent. No relief can be prayed qua the third party. Under the provisions of the Hindu Marriage Act, the relief of divorce, judicial separation etc. can be between the husband and the wife only and cannot extend to the third party. Therefore, by virtue of Section 23A of the Hindu Marriage Act, it is not open for the appellant herein – original defendant to seek declaration to the effect that the marriage between the respondent – original plaintiff and the third party – Hinaben Manubhai Panchal is void.”
LEGALFLAME 