Latest JudgementHindu Marriage Act, 1955Indian Penal Code, 1860

X & Anr. v. Y, 2025

The ruling discourages raising belated claims of underage marriage after a marriage has been recognized by a competent court.

Allahabad High Court·20 December 2025

Court

Allahabad High Court

Date of Decision

20 December 2025

Judges

Justice Arindam Sinha and Justice Satya Veer Singh

Citation

Acts / Provisions

Section 5(iii) of the Hindu Marriage Act, 1955 Section 11 of the Hindu Marriage Act, 1955 Section 12 of the Hindu Marriage Act, 1955

Facts of the Case

The case arose from a family dispute between the in-laws of a deceased army officer and the alleged wife of the deceased regarding entitlement to benefits awarded to the dependents of the deceased.
The alleged wife filed an application in the Family Court of U.P. seeking declaration of marriage.
The Family Court granted the declaration, recognizing the marriage as valid.
The in-laws challenged this order in the Allahabad High Court, claiming that the wife was a minor at the time of marriage, and therefore the marriage should be declared void.
The Court noted that the identity card produced indicated that the wife was 2 months short of 18 years at the time of the marriage.
The in-laws had not raised this ground earlier in any court or in their written statement before the Family Court.

Whether a marriage can be declared void under Section 11 of the Hindu Marriage Act, 1955, solely on the ground that the bride was underage at the time of marriage?
Whether parents or in-laws of a spouse can seek a declaration of void marriage?
Whether a belated claim of underage marriage can be entertained when it was not raised in prior proceedings?
Whether the Family Court’s declaration of marriage can be interfered with at this stage by third parties?

The Allahabad High Court dismissed the appeal filed by the in-laws.
The Court held that Section 11 of the Hindu Marriage Act does not provide a ground for void marriage on the basis of sub-clause (iii) regarding underage marriage.
The Court emphasized that the cause of action under Section 11 is available only to the spouses, and parents or in-laws cannot invoke it.
The Court noted that Section 12, which allows for voidable marriages, also does not include sub-clause (iii).
The Court observed that the ground was belatedly raised and not mentioned in prior proceedings, making it unsuitable to overturn the Family Court’s order.

The Supreme Court held that marriages cannot be declared void at the behest of in-laws based on alleged underage of the bride.
Only the spouses to the marriage have standing to seek declaration of a marriage as void or voidable.
Belated claims regarding age or validity of marriage cannot be entertained if not raised in prior proceedings.
The Family Court’s declaration of marriage stands, and the appeal by the in-laws is dismissed.

The judgment reinforces that sub-clause (iii) of Section 5 of the Hindu Marriage Act is not a ground for void marriage under Section 11.
Only spouses have legal standing to question the validity of marriage, not third parties such as parents or in-laws.
The ruling discourages raising belated claims of underage marriage after a marriage has been recognized by a competent court.
The Court clarified the distinction between void and voidable marriages, and the scope of sections 11 and 12 in the Hindu Marriage Act.
The case underscores the principle of finality in judicial proceedings and protection of rights of the spouse recognized by law.