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Supreme Court Of India

(From: Delhi)

Hon'ble Judge(s): S. A. Bobde, L. Nageswara Rao , JJ

(A) Hindu Marriage Act (25 of 1955) , S.15, S.11— Second marriage - Restriction on - Is not applicable where parties have settled their case and decided not to pursue appeal against decree of divorce. Interpretation of Statutes - Purposive construction. Per L. Nageswara Rao, J. - S. 15 of Act provides that it shall be lawful for either party to marry again after dissolution of marriage if there is no right of appeal against decree. Second marriage by either party shall be lawful only after dismissal of appeal against decree of divorce, if filed. If there is no right of appeal, decree of divorce remains final and that either party to the marriage is free to marry again. In case appeal is presented, any marriage before dismissal of appeal shall not be lawful. Object of provision is to provide protection to the person who has filed appeal against decree of dissolution of marriage and to ensure that said appeal is not frustrated. Purpose of S. 15 is to avert complications that would arise due to second marriage during pendency of appeal, in case decree of dissolution of marriage is reversed. @page-SC3984 Protection that is afforded by S. 15 is primarily to person who is contesting decree of divorce. In instant case, aggrieved by decree of divorce, the Appellant husband filed appeal and obtained stay of decree. During ....