Hello sir, greetings of the day.
As per your query, if you have been separated from your wife for 10 years and your divorce case is pending, your second marriage will still be valid. The Supreme Court has observed that a second marriage will be valid even if divorce proceedings of the first marriage are pending in court, provided that both parties from the first marriage have amicably parted and have decided not to contest the decision. Although the Hindu Marriage Act states that it shall be lawful to marry again only after dismissal of an appeal filed by aggrieved party against the decree of divorce. However, the Supreme Court, clarified that second marriage will not stand void if solemnised during the pendency of appeal. While interpreting section 15 of Hindu Marriage Act, Supreme Court bench of S A Bobde and L Nageswara Rao observed that restriction placed on the second marriage in Section 15 of the Act till the dismissal of an appeal would not apply to any case where the parties have settled and decided not to pursue the matter further. Section 5(1) of the Hindu Marriage Act places a bar on marriage by a person who has a spouse living at the time of the marriage. Section 11 makes such a marriage null and void. Section 15 tells when a divorcee can marry again.
"The Hindu Marriage Act is social welfare legislation and a beneficent legislation. Thus it has to be interpreted in a manner which advances the object of the legislation," the court held.
Hope this solves your query.
Regards
Nirali Nayak
Law Student
