AIR 1995 PUNJAB AND HARYANA 213 ::(1994) 2 HinduLR 12 ::(1995) 1 CivilCourtC 121 ::1995 (21) MarriLJ 98 ::(1994) 1 ACJ 95 ::(1994) 1 TAC 639 ::(1994) 1 CurCC 228 ::(1994) 2 CurCC 659 ::1994 (2) DMC 536 ::(1994) MatLR 384 ::1994 (2) LJR 580 ::1994 (3) Pun LR 67

Punjab And Haryana High Court

Hon'ble Judge(s): R. P. Sethi, G. S. Singhvi , JJ

Hindu Marriage Act (25 of 1955) , S.15, S.23, S.28— Dissolution of marriage - Decree for annulment of marriage in favour of husband - Appeal against by wife - Husband solemnising second marriage during pendency of appeal - Dismissal of appeal as having become infructuous - Not justified. Where the trial Court passed the decree of dissolution of marriage on petition for annulment of marriage by the husband against the wife alleging her to be impotent, second marriage of her husband during pendency of her appeal against said order, could not in any way render the appeal as infructuous.(Para 5) S.23 of the Act unambiguously provide that no party to the Hindu Marriage can be permitted to take advantage of his or her own wrong. Similarly, S.28 of the Act confers a right of appeal on the aggrieved party which cannot be permitted to be defeated under the cloak of technicalities. S.15 of the Act specifically provides that during the pendency of the appeal against a decree passed in proceedings under the Act no one can marry unless the appeal is decided. As only the word 'divorce' has been used in the said section, it does not mean that the bar of S.15 of the Act would not apply in cases of other decrees passed for dissolution or annulment of marriage under the Act. The provisions of the Act are intended to mean and are applicable where....