Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Bk   29 June 2022

Re-married after appeal time completion but after 7 years came to know there is a pending appeal

dear experts,

my frnd got divorce and after 7 months he remarried now after 7 years he came to know the other party went for an appeal after appeal time is over and they filed condonation petition they served notice to wrong address and my frnd is not aware of the case now he came to know from other sources they went for an  appeal but it is in pending state as notice not served to the respondent.

now what happens to his second marriage is it a valid marriage or not 

incase if he lose the case in HC what happens to his second marriage

 

 



Learning

 6 Replies

Dr J C Vashista (Advocate)     30 June 2022

It is valid and legal re-marriage for that your frnd (or his / her spouse) need not worry qua legality of this marriage.

Application for condonation of delay in filing appeal against the decree of divorce grnated by a competent Court, shall have no affect on the remarriage.

Anila Sabu   30 June 2022

Dear Querist,

The Kerala High Court ruled that even if the appeal against the divorce decree from the first marriage is eventually dismissed, a party who marries again while the appeal is still ongoing will not be guilty of bigamy under Section 494 of the Indian Penal Code.

Furthermore, according to a ruling by Justice Anil Kilor last week, Section 15 of the Hindu Marriage Act of 1955 only permits remarriage following the denial of an appeal against a divorce decree. However, because the Act contains no penalties for violating the provision, a remarriage that occurs while an appeal is pending is not deemed invalid.

Hence, his 2nd marraige would be considered valid. 

P. Venu (Advocate)     30 June 2022

The question is, whether the appeal was filed beyond the statutory period of limitation - No definite answer is possible unless the date of the decree, time taken for getting the certified copy of the decree as well the date of filing of the appeal is disclosed.

 

Bk   01 July 2022

Thanks all for your replies, @Venu sir, judgement pronounced on 8th feb, decree signed on 1st March and certified copy delivered on same day, appeal filed on 14th April and 23 november of same year filed condonation delay filing.

P. Venu (Advocate)     01 July 2022

In the given circumstances, the second marriage suffers no legal impairment.

Bk   02 July 2022

thank you sir, i'm a law student as well final and typical query on this same issue what happens if he lost the appeal filed by his ex wife. as per hindu law only one legal wife should exist at a time.

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