Puneite Jaya was recently told by the Bombay High Court after seven years of litigation that her second marriage had never really happened because the first one was still valid. She had married widower Amar in 2002 claiming to be a divorcee.

The couple lived together for a little over four months before Jaya walked out. The court was informed that when Amar made enquiries about her earlier marriage he learnt that there was no legal document to support the termination of her first marriage.

Jaya and Prem had married in April 1986 but the relationship ended with a deed of divorce being executed before a notary in May 1996. The two had not procured a divorce from a court of law. A deed of divorce just serves the purpose of an agreement between the parties to seek divorce, however, a divorce can be granted only by a court of law.

Using these facts, Amar filed a petition in the seeking that his marriage with Jaya be declared a nullity as it was in contravention with section 5(i) of the Hindu Marriage Act, 1955.

A month later Jaya filed another petition in court seeking divorce from Prem. A civil judge in Baramati dissolved the marriage on the basis of the deed of divorce.

Amar then challenged this order before an additional district judge who set it aside. Justice DB Bhosale and Justice RY Ganoo of the High Court too felt that the order of the Baramati civil court was “wrong, illegal and without jurisdiction”.

Despite the order of the additional district judge, a family court in Pune dismissed Amar’s application seeking the annulment of his marriage with Jaya. The high court, however, set aside the order of the family court.

“Even today, the respondent’s(Jaya) earlier marriage is subsisting.In the circumstances, the marriage of the appellant (Amar) and the respondent deserves to be declared as nullity,” the high court stated.

(names of parties changed to protect identities)