NEETU GROVER Vs. UNION OF INDIA

JUDGEMENT

(1.) By way of the present writ petition filed under Article 226 of the Constitution of India, the Petitioner inter-alia seeks issuance of an appropriate writ for striking down Sec. 5 (v) ("Impugned Sec. ') of the Hindu Marriage Act, 1955 ("HMA Act").

(2.) Learned counsel for the Petitioner states that the personal facts of the Petitioner show that though her marriage with her distant cousin Mr. Gagan Grover was solemnized with the mutual consent of the families and by conducting the religious ceremony in presence of members of the civil society, Mr. Gagan Grover has succeeded in having the marriage declared null and void by seeking a declaration from a competent Court under Sec. 5(v) of the HMA Act. He states that the Petitioner has become a victim of a fraud perpetuated by Mr. Gagan Grover and his family members who induced her to believe in the validity of their marriage but have since been released from legal obligations associated with a valid marriage due to the invocation of the impugned Sec. of the HMA Act.

(3.) This Court has considered the submissions of the learned counsel for the Petitioner and perused the record.