RAMESH CHANDRA RAMPRATAPJI DAGA versus RAMESHWARI RAMESH CHANDRA DAGA

Citation: [2004] SUPP. 6 S.C.R. 888 · Decided: 13-12-2004 · Supreme Court of India · Bench: D.M. DHARMADHIKARI · Disposal: Dismissed

Judgment (excerpt)

A 
B 
c 
RAMESH CHANDRA RAMPRA T APJI DAGA 
v. 
RAMESHWARI RAMESH CHANDRA DAGA 
DECEMBER 13, 2004 
[D.M. DHARMADHIKARI AND H.K. SEMA; JJ.] 
Hindu Law: 
Hindu Marriage Act, 1955 : 
Section I 1 rlw Section 5 (i)-Void marriage-Marriage of present wife 
arranged with one G-She filed a divorce petition but no decree of divorce 
was passed-But a document of dissolution of marriage was executed was 
passed-But a document of dissolution of marriage was executed between 
D the present wife and her previous husband-Present husband remarried 
E 
F 
· present wife after the death of his first wife-Decree of judicial separation 
granted-On appeal, High Court declared second marriage of present wife 
a nullity under S. 11 holding that the first marriage of the present wife 
with her previous husband had not been dissolved by any Court-
Correctness of-Held : A Hindu marriage can be dissolved only in 
accordance with the provisions of the Hindu Marriage Act by obtaining 
a decree of divorce from the Court-In the absence of such decree, the 
first marriage of the wife subsisted when she went through the second 
marriage-Hence, High Court rightly declared the second marriage as null 
and void 
Section 25-Permanent alimony and maintenance-Maintenance to 
wife children-Marriage declared null and void under S I I-Entitlement 
to-Held: The expression "at the time of passing any decree" encompasses 
all kinds of decrees such as restitution of conjugal rights, judicial 
separation, nullity of marriage, annulment of marriage and divorce-Hence, 
G maintenance can be awarded to wife and children even if the marriage 
is declared null and void 
Words & Phrases : 
H 
"At the time of passing any decree "-Meaning of-Jn the context of 
888 
• 
R.C.R. DAGA v. R.R.C. DAGA 
889 
S. 25 of the Hindu Marriage Act, 1955. 
The marriage of repondent-wife was arranged with one G. The 
customary rituals of the marriage were not completed as in the marriage 
ceremony the family members quarreled over dowry. The respondent-
A 
wife filed a divorce petition but no decree of divorce was passed. How-
B 
ever, in accordance with the prevalent custom a "chhor Chithhi" or a 
document of dissolution of the marriage was executed between the 
respondent-wife and the previous husband . 
The appellant-husband had remarried the respondent after 
the death of his first wife. A daughter was born from this second C 
marriage. Subsequently, the respondent filed a petition before the 
Family Court for grant of a decree of judicial separation and 
maintenance for herself and for her daughter. The appellant-husband 
disputed not only the validity of the marriage but also the parentage of 
the daughter. 
D 
The Family Court allowed the respondent's petition. On appeal, 
the High Court held that the first marriage of the respondent-wife with 
her previous husband having not been dissolved by any decree of the 
Court, her second. marriage was in contravention on Section 5(i) of the 
Hindu Marriage Act, 1955 and had to be declared as nullity under E 
Section 11 of the Act. However, the High Court maintained the decree 
granting maintenance under Section 25 of the Act to the respondent and 
her daughter. Hence the appeal. 
On behalfofthe appellant, it was contended that where a marriage F 
was declared to be null and void by grant of a decree, no order awarding 
permanent alimony or maintenance could be made in favour of the 
unsuccessful party under Section 25 of the Act. 
Dismissing the appeals, the Court 
HELD : 1. A Hindu marriage can be dissolved only in accordance 
with the provisions of the Hindu Marriage Act, 1955 by obtaining a 
decree of divorce from the Court. In the absence of any decree of 
dissolution of the marriage from the Court, it has to be held that in law 
G 
the first marriage of the wife subsisted when she went through the H 
890 
SUPREME COURT REPORTS [2004) SUPP. 6 S.C.R. 
A 
second marriage with the appellant. The appeal preferred by the wife, 
therefore, against grant of decree of declaration of her second marriage 
as void, had to be rejected whatever may be the circumstances which 
existed and the hardships that the wife had to undergo, as alleged, at 
the hands of the husband. [894-B-C] 
B 
c 
2. The expression used in the opening part of Second 25 of the Act 
enabling the 'Court exercising jurisdiction under the Act' at the time 
of passing any decree or at any time subsequent thereto' to grant 
alimony or maintenance cannot ~e restricted only to a decre

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