Second Marriage – When Permissible during Pendency of Appeal

Section 15 of the Hindu Marriage Act provides that it shall be lawful for either party to marry again after dissolution of a marriage, if there is no right of appeal against the decree. A second marriage by either party shall be lawful only after dismissal of an appeal against the decree of divorce, if filed. If there is no right of appeal the decree of divorce remains final and that either party to the marriage is free to marry again. In case an appeal is presented, any marriage before dismissal of the appeal shall not be lawful. The object of the provision is to provide protection to the person who has filed an appeal against the decree of dissolution of marriage and to ensure that the said appeal is not frustrated. The purpose of Section 15 of the Act is to avert complications that would arise due to a second marriage during the pendency of the appeal, in case the decree of dissolution of marriage is reversed. The protection that is afforded by Section 15 is primarily to a person who is contesting the decree of divorce.

       In case during the pendency of the appeal, there is a settlement between the husband and wife, and after entering into a settlement, he does not intend to contest the decree of divorce, his intention can be made clear by filing an application for withdrawal. In that case, he does not have to wait till a formal order is passed in the appeal or otherwise his marriage is unlawful. Following the principles of purposive construction, it was held that the restriction placed on a second marriage in Section 15 of the Hindu Marriage Act, till the dismissal of an appeal, would not apply to a case where parties have settled and decided not to pursue the appeal. Anurag Mittal v. Mrs. Shaily Mishra Mittal, 2019 (132) ALR 725.

Advertisements

Leave a comment

Filed under Matrimonial Dispute, Second Marriage

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.