NEW DELHI: The Supreme Court has held that the second marriage of a person during the pendency of an appeal against a divorce decree would not be void in cases where the parties have decided not to pursue the appeal.
A bench of Justices S A Bobde and L N Rao, while interpreting section 15 of the Hindu Marriage Act dealing with the issue of marriage by divorced persons, said the restriction placed on second marriage till the dismissal of an appeal would not apply in cases were the parties have arrived at a settlement and decided not to go ahead with the appeal.
“Following the principles of purposive construction, we are of the opinion that the restriction placed on a second marriage in Section 15 of the Act till the dismissal of an appeal would not apply to a case where parties have settled and decided not to pursue the appeal,” the bench said.
Section 15 of the Act states that it shall be lawful for either party to marry again after dissolution of a marriage if there was no right of appeal against the decree of divorce. It also said the second marriage by either of the parties shall be lawful only after dismissal of appeal, if any, against the decree of divorce. (AGENCIES)
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