Shatakshi Mishra vs Deepak Mahendra Pandey (Deceased) And 2 ... on 8 May, 2024
In Garima Singh (supra), the first wife has claimed that her marriage was subsisting when second marriage was performed by the husband and as such, in the light of the provisions of Section 5 of the Act, the second marriage performed by the husband with the appellant-Garima Singh was void ab initio. Indisputably, the property rights are always involved in such cases when the marriage itself is being claimed as void ab initio. Therefore, clearly, the rights of the parties who are legal representatives of the deceased husband are also affected. Hence, in the present case, the parents have a right to get a declaration that the marriage between Shatakshi Mishra, the appellant herein and their son was in violation of provisions of Section 5 of the Act as their property rights are directly affected and they have a right to be made a party to the petition under Section 11 of the Act after the death of their son.