Supreme Court: If Plea against divorce is Pending, Second marriage will vaild

Supreme Court: If Plea against divorce is Pending, Second marriage will vaild
Written by Abhishek Lohia

Under the Hindu Marriage Act, even during the pendency of appeals filed against divorce, there is no restriction on the marriage of any of the women or men. But now the Supreme Court has said in its new judgment that if the divorce application is pending and the two parties have an agreement with the case then the second marriage will be valid. Explaining Section 15 of the Hindu Marriage Act, the bench of Justice S. S. Bobde and Justice L. Nageshwar Rao said, the provision for the ban on the second marriage during the pendency of divorce against the divorce does not apply, when the parties have a case based on the agreement Have decided not to move forward.

Section 15 says when a marriage is ending with the process of the divorce and there is no appeal registered against this process. During the appeals against divorce decree in the present case, the husband made an agreement with the first wife and applied for the withdrawal of the case. In the meantime, he got married the second time. The High Court had invalidated the marriage, but the Supreme Court rejected the decision of the High Court accepting the husband’s application.

Supreme Court overturns Delhi High Court verdict in this case. In this case, the wife filed a divorce application. Delhi’s Tees Hajari Court has given divorce decree on August 31, 2009, in favor of the wife. After this, Husband challenged the verdict in the High Court. But before the matter progressed, the agreement between the two parties was done. On October 15, 2011, the husband filed an application for withdrawal of the appeal. But when the case was pending, the husband got married the second time in December 2011.

After this marriage, the second woman challenged the marriage to the court. She said in an appeal, the divorce appeal of marriages happened during the pending, so it should be called zeros. The lower court rejected his application but the High Court accepted it and declared marriage as Zero. After this, the matter reached in the Supreme Court and the High Court’s verdict was overturned there.

About the author

Abhishek Lohia

Abhishek Lohia was a Sports and Political Writer working for Newsfolo and is no longer associated with the organization.

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