Allahabad High Court: Parents Can Challenge Marriage Validity Post Son’s Death Under Hindu Marriage Act

The Allahabad High Court has ruled that parents can continue proceedings to declare a marriage void under Section 11 of the Hindu Marriage Act, 1955, after their son’s death. This decision was made while hearing an appeal filed by the wife against a Family Court order. The bench, comprising Justice Vivek Kumar Birla and Justice Syed Qamar Hasan Rizvi, upheld that legal representatives who are not spouses can maintain such petitions, particularly when inheritance issues are involved.

In the case, Deepak Mahendra Pandey had sought to have his marriage declared void, alleging fraud by his wife, who purportedly concealed her first marriage and had not converted to Hinduism before marrying him. After Deepak’s death in 2023, his parents applied to continue the proceedings, which the court allowed. The wife contended that the case should be abated upon her husband’s death, but the court disagreed, noting the property rights at stake.

The court concluded that Order 22 of the Code of Civil Procedure (CPC) is applicable in Family Court proceedings, thus permitting the parents to be substituted as legal representatives. This aligns with the Supreme Court’s rulings in similar cases, reinforcing that matrimonial disputes often encompass property rights, thereby justifying the parents’ involvement. Consequently, the wife’s appeal was dismissed, affirming the parents’ right to pursue the case.

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