In the case, the Appellant was earlier married to one, Ms. Rachna Aggarwal. Following on the marriage was suspended among the Appellant and Ms. Rachna Aggarwal, nevertheless the Appellant filed appeals counter to order of dissolution of marriage. Through the pendency of the appeal, a conclusion was reached between the Appellant and Ms. Rachna Aggarwal on basis of which the Appellant filed for withdrawal of appeal not in favor of the judgment of dissolution of marriage. The trigger of action in the case started when the Appellant married the Respondent even prior to the appeal withdrawn by the High Court in the case.

Thus, the Respondent requested for divorce in the case on the ground that her marriage with the Appellant was invalid as appeal counter to the decree of divorce in his earlier marriage was unresolved on the date of their marriage. The Family Court rejected the petition filed by the Respondent, nevertheless the High Court announced the marriage between the Appellant and the Respondent held on 06.12.2011 as null and void. Wronged by the judgment of the High Court, the Appellant has come up to this Court.

Bench’s Verdict

The two-Judge Bench of the Supreme Court while disembarking at its judgment made reference to the stipulation of Divorced Persons. When Marry again as itemized under Section 15 of the Hindu Marriage Act, 1955.

According to the provision when a marriage has been thawed by a decree of divorce and moreover there is no right of appeal in contradiction of the decree or, if there is such a right of appeal, the time for appealing has terminated without an appeal having been presented, or an appeal has been presented but has been terminated, it shall be lawful for whichever party to the marriage to marry again.

The Court noted that the prerequisite to Section 15 of the Act stated that it shall not be lawful for the respective parties to marry again unless at the time of such marriage at least one year has intervened from the date of the decree in the Court of the first instance. Though, the said Provision was abolished w.e.f. 27.05.1976.

• The Supreme Court opined that as per the constitutional provision, in case of a dissolution of marriage, a second marriage shall be lawful merely after dismissal of the appeal. Still, the Supreme Court has held in the case that the limitation placed on a second marriage in Section 15 of the Acttill the dismissal of an appeal would not be relevant to a case where parties have resolved and decided not to carry out the appeal.
• The Apex Court in the case while expounding on the legitimacy of second marriage in case of divorce in earlier marriage stated that The Hindu Marriage Act is a social welfare legislation and a beneficent legislation has to be inferred in a manner which enhances the object of the legislation.
• The Court was of the opinion that the Act proposes to bring about social amendments and it is well known that this Court cannot deduce a socially beneficial legislation on the foundation as if the words within are cast in stone.
• When is it Legalized to Marry over for Divorced Persons- While illuminating on the legislative intent behind presentation of Section 15 of the Act, the Supreme Court harangued that it shall be lawful for either party to marry again after dissolution of a marriage if there is no right of appeal in contradiction of the decree. A second marriage by either party shall be permitted only after release of an appeal counter to the decree of divorce, if filed. If there is no right of appeal, the decree of divorce stays definitive and that either party to the marriage is free to marry again.In case an appeal is submitted, any marriage prior to dismissal of the appeal shall not be lawful.
• Object of Section 15 of the Hindu Marriage Act, 1955– The Court also remarked that the object of the provision is to deliver protection to the person who has filed an appeal in opposition to the decree of disbanding of marriage and to guarantee that the said appeal is not exasperated. The objective of Section 15 of the Act is to avoid complications that would occur due to a second marriage in the course of the pendency of the appeal, in case the decree of dissolution of marriage is overturned. The protection that is provided by Section 15 is principally to a person who is opposing the decree of divorce.