LAKSHMAMMA Vs. THAYAMMA

JUDGEMENT

(1.) This appeal raises an interesting question, namely whether a spouse is entitled to apply under Section 11 of the Hindu Marriage Act for a declaration by a decree of nullity, that the marriage is null and void, after the death of the other spouse.

(2.) The respondent herein is the second wife of one Narasappa who died in 1966. Narasappa married her in 1962 even during the lifetime of his first wife the appellant herein ; the second appellant being the son of Narasappa by her. The respondent file O.S. 35 of 1968 on the file of the Sub-Court, Adoni on her behalf and on behalf of her minor child for partition and division of her late husbands properties. The suit was dismissed on the ground that the marriage of the plaintiff was void as it took place during the lifetime of the first appellant herein. The legitimacy of the petitioners minor child could not be considered in the suit as there was no decree of nullity obtained by that time.

(3.) The respondent herein therefore, filed, O.P. No. 45/69 under Section 11 of the Hindu Marriage Act praying for a decree of nullity of her marriage with Narasappa.