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Author Topic: Plea against divorce is pending Second marriage valid  (Read 220 times)

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Offline advgaurav.sharma

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Plea against divorce is pending Second marriage valid
« on: August 27, 2018, 01:00:40 AM »
Second marriage valid even if plea against divorce is pending: Supreme court, The SC set aside a HC ruling that held any marriage solemnized by a party during pendency of appeal wherein the operation of the decree of divorce was stayed would be in contravention of Section 5 (1) of the act.

Supreme court passed the order on an appeal filed by a man challenging HC verdict which had declared his second marriage void on a plea of his 2nd wife.

The Supreme Court has clarified that the second marriage would not be void if solemnized during the pendency of the divorce appeal. 

The "incapacity to marriage" as mentioned under the Hindu Marriage Act would not lead to nullity of second marriage.

Interpreting section 15 of Hindu Marriage Act, SC bench observed that restriction placed on the second marriage in Section 15 of the Act till the dismissal of an appeal would not apply to a case where parties have settled and decided not to pursue the matter.

The top court overturned a judgment of the Delhi High Court, which declared a man's marriage during the pendency of his appeal against a decree of divorce as void.

Facts
The man got married the second time when his appeal against divorce from his first wife was pending in High Court. During the pendency of his plea, he had settled dispute with his first wife and filed an application for accepting the divorce and sought withdrawal of his appeal.

Section 5(1) of the HMA places a bar on marriage by a person who has a spouse living at the time of the marriage.

While Section 11 makes such a marriage null and void. Section 15 tells when a divorcee can marry again.

"The Hindu Marriage Act is a social welfare legislation and a beneficent legislation and it has to be interpreted in a manner which advances the object of the legislation,"
Advocate Gaurav is a specialist in Trademark laws

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