Hindu Marriage Act, 1955
Sections 13 & 15—Order passed by Family Court allowing amendment in divorce petition filed by husband to include his claim that their marriage was void/illegal on ground that wife’s previous marriage was dissolved by a mutual consent divorce decree on the same day—Challenged—Original petition filed by the first respondent unequivocally admitting that there was a valid marriage between him and the petitioner-wife and he has sought for divorce—Subsequent marriage of the petitioner-wife was not challenged by her former husband—Once the judgment is pronounced/delivered, it takes effect immediately and operates from the commencement of the day it was so pronounced or delivered—Family Court ought not to have allowed the application of first respondent for amendment—Impugned order of Family Court allowing amendment is set aside—Petition allowed.
[Paras 10 to 13, 17 & 18]