The Supreme Court of India has ruled that a second marriage performed during the pendency of an appeal against a divorce decree is valid, provided the appeal is eventually dismissed. This interpretation hinges on Section 15 of the Hindu Marriage Act, 1955, which allows a divorced person to remarry if there’s no right of appeal against the decree or if the time for appealing has expired without an appeal being presented, or if an appeal has been presented but dismissed.
Key Aspects of the Judgment-
Validity of Second Marriage: A marriage contracted during the appeal period isn’t void simply because an appeal was pending against the divorce decree.
Incapacity for Second Marriage: The Supreme Court clarified that incapacity for a second marriage for a certain period doesn’t treat the former marriage as subsisting.
Section 15 Interpretation: The apex court emphasized dissolution of marriage is complete once the decree is made, subject to appeal.
No Bigamy: Kerala High Court ruled entering a second marriage while an appeal against divorce is pending doesn’t amount to bigamy under Section 494 IPC if the appeal is dismissed.
Supporting Rulings-
Supreme Court (2018): Held second marriage valid even if plea against divorce is pending (Justices S A Bobde and L Nageswara Rao).
Lila Gupta v. Rajendra Kumar (1978): Addressed incapacity for second marriage and interpretation of ‘spouse’ under Hindu Marriage Act.
Implications-
Legal Clarity: Strengthens understanding of remarriage rights post-divorce in India.
Appeal Outcome: Validity of second marriage often hinges on dismissal of appeal against original divorce decree.
The Supreme Court of India has ruled that a second marriage performed during the pendency of an appeal against a divorce decree is valid, provided the appeal is eventually dismissed. This interpretation under Section 15 of the Hindu Marriage Act, 1955, clarifies that dissolution of marriage is complete once the decree is made, subject to appeal. The court emphasized incapacity for a second marriage for a certain period doesn’t render the former marriage subsisting. The ruling provides legal clarity on remarriage rights post-divorce in India, hinging validity often on the outcome of the appeal against the original divorce decree.
