AIR 1979 ORISSA 51 ::46 CutLT 545 ::(1978) 46 Cut LT 545 ::(1979) MatLR 280

Orissa High Court

Hon'ble Judge(s): N. K. Das , J

(A) Hindu Marriage Act (25 of 1955) , S.11— Civil P.C. (5 of 1908) , S.9— Specific Relief Act (47 of 1963) , S.34— Suit for declaring a marriage void - Plaintiff not a party to marriage - Proper forum - Suit is governed by S.9, C.P.C. read with S.34, Specific Relief Act and not by S.11 of Hindu Marriage Act. The provisions of S.11 of Hindu Marriage Act for declaration of a marriage as null and void and of S.13 for divorce, require that a petition under those Sections is to be presented by either the husband or the wife. Therefore where the first wife of a person seeks declaration as to nullity of marriage between her husband and some other lady, the suit shall not be governed by Hindu Marriage Act but shall be governed by S.9 of Civil P.C. read with S.34 of Specific Relief Act and as such the proper forum will be the proper Civil Court and not the Court of District Judge as prescribed by Hindu Marriage Act. Case law discussed.(Para 4) Anno : AIR Comm, C.P.C. (9th Edn.), S.9 N.21; AIR Manual (3rd Edn.), Specific Relief Act, S.34 N.29; AIR Manual (3rd Edn.), Hindu Marriage Act, S.11, N.3. (B) Evidence Act (1 of 1872) , S.101— Burden of proof - Declaratory suit for nullity of marriage - Person claiming marriage to be void - Need not prove the fact of marriage beyond doub....