Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Hindu Marriage Act Maintenance |
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 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Hindu Marriage Act, 1955: ss.5, 11, 15 – Claim for maintenance by appellant-wife – Plea of respondent-husband that appellant was not entitled to maintenance since their marriage was a nullity having taken place while an appeal by appellant against decree of divorce against her first husband was still pending – The said appeal by wife against first husband was filed almost one year after the expiry of limitation period – Whether second marriage performed during the pendency of an appeal from a decree of divorce a nullity, even though there were no stay of operation of the decree – Held: s.15 specifies that when a marriage has been dissolved by a decree of divorce, and there is no right of appeal against the decree, or if there is such a right of appeal, the time for appealing has expired without an appeal having been preferred, or an appeal has been presented but the same has been dismissed, it shall be lawful for either party to the marriage to marry again – It could never have been the legislative intent that a marriage validly contracted after the divorce and after expiry of the period of limitation to file an appeal from the decree of divorce should rendered void on the filing of a belated appeal – The bar of s.15 is not at all attracted in the facts and circumstances of this case, where the appeal from the decree of divorce had been filed almost a year after expiry of the period of limitation for filing an appeal – Maintenance application remitted to the Family Court for determination of maintenance amount – In the meanwhile, respondent directed to pay Rs.20,000 as was directed by the Family Court. |
Judge | Hon'ble Ms. Justice Indira Banerjee |
Neutral Citation | 2020 INSC 211 |
Petitioner | Krishnaveni Rai |
Respondent | Pankaj Rai & Anr. |
SCR | [2020] 1 S.C.R. 682 |
Judgement Date | 2020-02-19 |
Case Number | 321 |
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