Bombay High Court held that a daughter has the right to question the validity of father’s second marriage

A daughter has the locus standi to question her father’s second marriage in every way. The Bombay High court while hearing a petition, took a stand that the daughter has the authority to challenge the validity of her father’s second marriage.

The bench consisted of VG Bisht and RD Dhanuka.The petition was filed by a daughter before the family court and it was dismissed, so an appeal was heard in the high court.

The family court observed that applying Rule 2 – Order II of Code of Civil Procedure, the daughter has already relinquished her claim of relief of nullity of marriage before the high court at earlier instances, therefore the court held that she cannot claim again for a relief before the family court.

The appellant contended that her father’s second wife had divorced her first husband, but the divorce documents were doubtful. It was submitted that the respondent took undue advantage for her father’s mental infirmity and influenced him for his properties. In 2015, her father passed away.

The High court allowed the appeal and remanded the matter to family court. It was also held that the matter was to be decided expeditiously within 6 months.

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