Allow Cookies!
By using our website, you agree to the use of cookies
The Supreme Court, on August 24, 2018 held, that the protection afforded by Section 15 of Hindu Marriage Act is primarily to a person who contests the decree of divorce. The Bench observed that the restriction on second marriage till the dismissal of appeal will not apply in a case where the parties have settled and decided not to appeal.
Facts of the Case
Thus, marriage cannot be declared as void, since the ingredients of specific provisions are not attracted.
The Apex Court observed that there was no intention on the part of the man to contest the decree of divorce after entering into a settlement since, an application was filed by him to withdraw the appeals. Therefore, it cannot be said that he had to wait till a formal order is passed.
86540
103860
630
114
59824