Marriage Contracted at the time of appeal from a divorce decree filed after the expiry of the period of limitation is not void - Synopsis
Parul Madaan 26 Feb 2020
In the case Krishnaveni Rai v. Pankaj Rai & Anr. Criminal Appeal No. 321 OF 2020, a maintenance petition lodged by a wife was dismissed on the grounds that the marriage was a nullity because the marriage had occurred while an appeal lodged by her against a decree dissolving the marriage with her first husband was still pending. The issue considered by the Apex Court was whether the second marriage was performed during the pendency of an appeal from a decree of divorce a nullity, even though there was no stay of operation of the decree.
 
The Court observed that the bar, under Section 15 of the Hindu Marriage Act applies only if an appeal has been filed within the limitation period and not afterwards upon condonation of delay in filing an appeal unless of course, the decree of divorce is stayed or there is an interim order of Court, restraining the parties or any of them from remarrying during the pendency of the appeal.
 
Holding therefore, the bench allowed the appeal and instructed the husband to pay the wife for maintenance.
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