Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Hindu Marriage Act 1955 – s. 15 and 5(i) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Hindu Marriage Act, 1955 (25 of 1955) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Hindu Marriage Act, 1955 – s. 15 and 5(i) – Divorcedpersons, when may marry again – Marriage between the appellantand the respondent during the pendency of the appeal against thedecree of divorce – Marriage was entered into after applicationfor withdrawal of appeal, though before the order of withdrawalwas passed – Validity of the second marriage – Held: Section 15provides that the second marriage by either party shall be lawfulonly after dismissal of an appeal against the decree of divorce, iffiled – In case an appeal is presented, any marriage before dismissalof the appeal shall not be lawful – On facts, during the pendencyof the appeal, there was a settlement between the appellant and hisformer spouse – After entering into a settlement, he did not intendto contest the decree of divorce – His intention was made clear byfiling of the application for withdrawal – It cannot be said that hehas to wait till a formal order is passed in the appeal – Followingthe principles of purposive construction, the restriction placed ona second marriage in s. 15 till the dismissal of an appeal would notapply to a case where parties have settled and decided not to pursuethe appeal – Appeal is deemed to have been withdrawn on the dateof the filing of the application for withdrawal – On the date of themarriage between the appellant and the respondent, the formerspouse of the appellant cannot be considered as a living spouse –Thus, s. 5(i) not attracted and the marriage between the parties notvoid. |
Judge | Hon'ble Mr. Justice L. Nageswara Rao |
Neutral Citation | 2018 INSC 745 |
Petitioner | Mr. Anurag Mittal |
Respondent | Mrs. Shaily Mishra Mittal |
SCR | [2018] 10 S.C.R. 123 |
Judgement Date | 2018-08-24 |
Case Number | 18312 |
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