In Brief
Swapnanjali sought nullity of her marriage to Sandeep, alleging he fraudulently concealed his existing marriage. The trial court and High Court rejected her petition, citing limitation periods. The Supreme Court held that a marriage contracted when one spouse has a living spouse is void ab initio under section 24 (read with section 4) of the Special Marriage Act, not merely voidable under section 25. No limitation period applies to void marriages. Without proof that the respondent had legally dissolved his first marriage, the marriage to the appellant was void. The Court allowed the appeal and set aside both lower court orders, granting the nullity decree.
The lawyer headnote and full judgment text are available to registered users.