Want to be a
Soolegal Member
Team SoOLEGAL
27 Aug 2018 11:00am

SC says second marriage is valid even if solemnised during the pendency of divorce appeal

0
0
5
0

Setting aside a Delhi High Court ruling, the Supreme Court has ruled that second marriage solemnised by a party during the pendency of divorce appeal is not void.

The apex court bench of Justices S A Bobde and L Nageswara Rao, passed the verdict on an appeal filed by a man challenging a Delhi HC order that had declared his second marriage void on the plea filed by his second wife.

The man had got married for the second time, even when his appeal against divorce from his first wife was pending.

During the pendency of his divorce plea, the man had settled the dispute with his first wife and filed an application in the HC for accepting the divorce and sought withdrawal of his appeal.

The man had, however, got married the second time just a fortnight before the formal order was passed by the HC allowing him to withdraw his appeal.

But the man’s second marriage also didn’t turn out to be blissful, and following the matrimonial discord, his second wife filed a plea with the family court challenging the validity of marriage, saying that it was void since it was solemnised during the pendency of divorce cases in HC.

When the family court dismissed the man’s second wife's plea, the woman approached the Delhi HC which gave a verdict in her favour and declared the wedding as void.The man then approached the top court against the Delhi HC verdict.

Though the Hindu Marriage Act stipulates that it shall be lawful for a person to remarry only once the appeal filed by an aggrieved party against the decree of divorce is dismissed, the apex court, however, elucidated that second marriage would not be void if performed during the pendency of divorce appeal.

The matter had come up for hearing before the SC bench, which after hearing both the sides had come to the conclusion that the violation of section 15 did not make the marriage void and said,

if a provision of law prescribes an incapacity to marry and yet the person marries while under that incapacity, the marriage would not be void in the absence of an express provision that declares nullity”.

The Hindu Marriage Act is a social welfare legislation and beneficent legislation and it has to be interpreted in a manner which advances the object of the legislation. The Act intends to bring about social reforms. It is well known that this court cannot interpret a socially beneficial legislation on the basis as if the words therein are cast in stone,” the court concluded.


Tagged: Hindu Marriage Act Validity of Second Marriage Pendency of Divorce Appeal Delhi High Court Supreme Court
Did you find this write-up useful? YES 14 NO 1
Active Members view all

New Members view all