Once You Get a Divirce in Nd Can You Marry Again Right Away

Key Highlights

• The SC set aside a HC ruling that held any marriage solemnised by a party during pendency of entreatment wherein the operation of the prescript of divorce was stayed would be in contravention of Section five (ane) of the deed.
• SC passed the guild on an appeal filed by a man challenging HC verdict which had declared his second wedlock void on a plea of his second married woman.

NEW DELHI: Although the Hindu Marriage Act prescribes that it shall exist lawful to ally once more only after dismissal of an appeal filed past aggrieved party against the decree of divorce, the Supreme Courtroom, all the same, clarified that 2nd marriage would non be void if solemnised during the pendency of appeal.
Interpreting section 15 of Hindu Wedlock Act, a bench of Justices S A Bobde and Fifty Nageswara Rao said that incapacity for second marriage for a certain flow of time (during the pendency of entreatment against divorce )did not take the effect of treating the former spousal relationship as subsisting and that a matrimony contracted during that period will non exist void considering it was contracted under an incapacity.
Section 15 says when a marriage has been dissolved by a prescript of divorce and either in that location is no right of entreatment confronting the prescript or, if there is such a right of appeal, the time for highly-seasoned has expired without an appeal having been presented, or an entreatment has been presented but has been dismissed, it shall be lawful for either political party to the spousal relationship to marry again. Department 5(1) of the Deed says a marriage may exist solemnized between any 2 Hindus, if neither party has a spouse living at the time of the union.
The apex courtroom gear up bated Delhi loftier court which had held that whatsoever marriage solemnized past a party during the pendency of the appeal wherein the operation of the decree of divorce was stayed, would be in contravention of Department 5 (i) of the Act. It passed the guild on an appeal filed by a man challenging HC verdict which had alleged his 2d marriage void on a plea of his 2d wife.
The man got married the 2d fourth dimension when his appeal against divorce from his showtime wife was pending in HC. During pendency of his plea, he had settled the dispute with his first wife and filed an application for accepting the divorce and sought withdrawal of his appeal. But a fortnight before the HC passed the formal order allowing him to withdraw his appeal, he got married for the 2nd time.
His second marriage also did not turn out to be blissful and matrimonial discord betwixt the couple led his 2nd wife to challenge validity of the marriage maxim that it was void every bit it was solemnised during the pendency of case in HC. A family court dismissed her plea merely the HC gave verdict in her favour and declared the marriage void.
The noon court, later on hearing both the sides came to the decision that violation of section 15 did not render marriage void and said "if a provision of law prescribes an incapacity to ally and yet the person marries while under that incapacity, the wedlock would non be void in the absence of an express provision that declares nullity".
"The Hindu Marriage Act is a social welfare legislation and a beneficent legislation and it has to exist interpreted in a fashion which advances the object of the legislation. The Act intends to bring near social reforms. It is well known that this court cannot interpret a socially benign legislation on the basis as if the words therein are cast in rock," the demote said.
"The dissolution of the marriage is consummate once the decree is made, subject of class to entreatment. This court also decided that incapacity for second marriage for a sure menstruation of time does not have the outcome of treating the old marriage every bit subsisting and the expression 'spouse' would non include within its pregnant the expression former spouse," the bench said while referring to its 1978 verdict.
"Whenever a statute prohibits a certain thing beingness done thereby making information technology unlawful without providing for consequence of the breach, information technology is not legitimate to say that such a thing when done is void considering that would tantamount to saying that every unlawful act is void... Consequences of treating a spousal relationship void are so serious and far reaching and are likely to affect innocent persons such as children born during the period inductive to the date of the decree annulling the marriage that information technology has always been considered not safe to care for a matrimony void unless the law so enacts or the inference of the marriage beingness treated void is either inescapable or irresistible," the bench said while quoting its before judgement.

FOLLOW US ON SOCIAL MEDIA

croommuctlandly.blogspot.com

Source: https://timesofindia.indiatimes.com/india/second-marriage-is-not-void-even-if-appeal-against-divorce-of-first-marriage-is-pending-sc/articleshow/65543065.cms

Share this post