Hindu remarriage during pendency of divorce appeal cannot be termed void: Bombay HC

Justice Anil Kilor of the Bombay High Court said that Section 15 of the Hindu Marriage Act, 1955, allows a person to remarry only after their appeal against a decree of divorce has been dismissed. However, since the Act does not have any provision on the consequences of a contravention, a remarriage during pendency of appeal cannot be termed void. While dismissing

The Bombay High Court has observed that if a Hindu gets married a second time while his or her first marriage is still pending dissolution, then such a marriage, though prohibited by law, cannot be termed legally binding.

However, the Bombay High Court observed that such an act cannot be termed as contempt of court, reported the Hindustan Times.

Last week, Justice Anil Kilor said that Section 15 of the Hindu Marriage Act, 1955, allows a person to remarry only after their appeal against a decree of divorce has been dismissed. However, since the Act does not have any provision on the consequences of a contravention, a remarriage during pendency of appeal cannot be termed void.

While dismissing a plea filed by a 35-year-old woman, Justice Kilor said: “It is clear that having provided no consequences of a marriage performed in contravention of Section 15 of the Act, it cannot be said that such marriage would be void.”

The petitioner had contended that under the Contempt of Court Act, 1971, wilful disobedience of judgement, orders, directions and “other process of a court” are punishable as civil contempt and sought her estranged husband be punished under it. However, the HC rejected this contention too.

The Maharashtrian couple had tied the knot in December 2003 and got divorced on November 25, 2015.