The Kerala High Court has clarified that a husband cannot invalidate his marriage on the technical ground that his wife’s divorce from a previous marriage was granted a few hours after their wedding on the same day.
A Division Bench of Justice Devan Ramachandran and Justice M.B. Snehalatha ruled that when a divorce is by mutual consent and remains unchallenged by the former spouse, the new husband has no standing to question the validity of the subsequent marriage.
The case involved a couple married on December 28, 2007. While the husband first sought divorce—accepting the marriage as valid—he later tried to amend his plea, arguing that the marriage was void since his wife’s divorce decree was pronounced after their wedding ceremony. The Family Court had allowed this amendment, but the wife challenged it before the High Court.
The Court firmly rejected the husband’s argument, observing that a judgment takes effect from the start of the day it is delivered, not the precise hour. It also criticized the Family Court for permitting contradictory pleadings—treating the marriage as both valid (for divorce) and void (for annulment).
Allowing the wife’s appeal, the High Court set aside the Family Court’s order, holding that such technicalities cannot undermine the dignity of matrimonial law.
