S.15 HMA | MP High Court Restrains Man From Solemnizing Second Marriage During Pendency Of Ex-Wife's Appeal Against Divorce Decree
Anukriti Mishra
12 Dec 2024 10:42 AM IST
By way of an interim direction, the Madhya Pradesh High Court has restrained a man from solemnizing second marriage during the pendency of his ex-wife's appeal against the decree of divorce dissolving their marriage.
In doing so, a division bench of Justice Sanjeev Sachdeva and Justice Devnarayan Mishra cited Section 15 of the Hindu Marriage Act which stipulates that when a marriage has been dissolved by a decree of divorce, it is lawful for either party to marry again only when either there is no right of appeal or if there is a right of appeal and time for appealing has expired without an appeal having been presented.
In the case at hand, the wife claimed that they were granted divorce in the month of July this year and she preferred a statutory appeal within a period of 30 days.
The counsel for the appellant submitted, “First appeal is pending before this Hon'ble court and the respondent is going to perform second marriage on 13th of this month. That's why my stay application may be considered and some predictive order may be passed on.”
This prompted the bench to orally inquire, “When did you file your appeal? Within 30 days?”
To this, the counsel replied, “I filed the appeal on 29-07-24.”
After considering the details mentioned by the counsel, the court while dictating its order said, “By this application, Appellant contends that the respondent is going to perform a second marriage. Appellant impugns, order dated 28-6-2024, whereby the marriage between the Appellant and respondent was dissolved by a decree of divorce. Subject appeal was filed in the registry on 29-7-2024, i.e. within 30 days of the impugned order.”
Referring to Section 15 (Divorced persons When may marry again) it said, “In the instant case, the appeal has been filed. There is a right of appeal and appeal has been filed within a period of limitation. Consequently, in terms of section 15, a second marriage cannot be solemnized till the final disposal of the appeal.”
The court further went on to say, “Since an apprehension is expressed by the Appellant that the respondent is going to perform a marriage and learned counsel for the Appellant submits that the marriage is scheduled for 13th. We clarify that till the disposal of the appeal, respondent cannot perform a second marriage. Consequently, respondent is restrained from performing a second marriage till the next state of hearing.”
Thereafter, the court orally asked the counsel, “Is Notice issued in the appeal?”
To this the counsel replied, “Yes. It has been already issued.”
The court then asked, “Have they been served?”
The counsel replied, “Yes.”
Thereafter, the court listed the appeal for directions on January 16, 2025.
Case Title: Smt. Ashu Prajapati Vs Ajay Kumar Prajapati, FA No. 1532 of 2024
