SC: Second Marriage Valid Even If Plea Against Divorce Is Pending

Supreme Court on Second Marriage
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The Hindu Marriage act says that second marriage is lawful when two individuals get separated legally.

The supreme Court however recently opined that the second marriage is lawful if performed during the pendency of the previous appeal for the first divorce.

A bench of Justice S A Bobde and L Nagashewara Rao while interpreting Section 15 of Hindu Marriage Act, said, incapacity for the second marriage for a certain period of time did not have the effect of treating the former marriage as subsisting and that a marriage contracted during that period will not be void because it was contracted under an incapacity. However, it is imperative that you speak with a lawyer – such as those from PETERSMAY.COM – if you are unsure about what to do.

The bench also said that the restrictions put into remarriage would not be applicable in cases where the parties have settled or decided not to pursue the appeal.

“The Hindu Marriage Act is a social welfare legislation and a beneficent legislation and it has to be interpreted in a manner which advances the object of the legislation. The Act intends to bring about social reforms. It is well known that this court cannot interpret a socially beneficial legislation on the basis as if the words therein are cast in stone,” the bench reportedly said.

While referring to its 1978 verdict, the bench further added, “The dissolution of the marriage is complete once the decree is made, subject of course to appeal.

This court also decided that incapacity for second marriage for a certain period of time does not have the effect of treating the former marriage as subsisting and the express ‘spouse’ would not include within its meaning the expression former spouse.”

Pune365 speaks to citizens and experts to gauge their reaction to this ruling by the Supreme Court.

Netra Prakash Bhog, Advocate says, “In my opinion, It is an irrational decision. If the pending plea is upheld by a higher court then how can we term the second marriage to be valid?

Moreover, there was a recent judgement passed by Bombay High Court which stated that kids from second marriage have no rights over ancestral property.

If a person is married for the second time, he is not liable to give shares to his kids, as the second marriage is considered as void marriage. Such rulings can encourage the idea of multiple affairs to be legal. With delicate subjects such as this, especially when children are involved, family law jacksonville, or an area that both parents live in, will need to be reviewed by their lawyers to see if this will pass in such countries as America. Family law takes into account what is best for the child after a legal separation and must be adhered to under the laws of the state they live in.

In my opinion, the decision should be reviewed by the Supreme Court to avoid misinterpretation etc. Bhog added.

While Prakash Bose, senior software professional says, When the plea for divorce is filed the married is already broken but the courts take years to announce the verdict. Hence, how logical it is to wait till the judgement?

The Judgement is appreciated, the only drawback for such judgement is property issues, as Hindu Marriage considers second marriage to be illegal. The verdict should throw more light on the the property rights as well.

Nikhil Kadam, City Activist, echoes similar views and says, “If a divorce is taking too long in the courts, then I see no reason why the second marriage of one of the couples involved should get delayed.

When there is no hope of reconciliation, why should the couple suffer due to legal issues and more so, when they have found a new partner? Courts are notorious for long delays and this works adversely for the couple, Kadam added.

Gayatri Gagh, Bussinesswoman says, “The decision is irrelevant from my point of view.If anyone has to go in for a second marriage, he can just go with filing the case of divorce and wait for few years.

If for any reason the case of the divorce doesn’t go through, what will be the option? Will it then go according to the Hindu Marriage Act?

If the decision is pending in the court, then it is for a reason. Is the court expecting to understand one of them and mutually end the marriage and accept the divorce. This decision is going to play home for a fresh sets of problems.

I think the supreme court needs to find ways on how marriages can be made to work, instead of facilitating new ways for a second marriage, Gaga added

Shyama Mishra, Housewife says, This decision makes no sense at all. If the first plea is pending, one is not legally permitted to re-mary as per the Hindu Marriage act.

On one hand, they’re setting examples by dismissing Triple Talaq and on other, they’re allowing people to get married for the second time, without getting out of the first marriage.

A person may end up in having two wives or two husbands and the wives may end up claiming a share of both her husbands properties.


#All views are those of the respondents and Pune365 does not necessarily subscribe to them.

Ankita Malekar

Ankita Malekar

A talkative tiny speck in the world of Media, with an itch for travel and paws.
Ankita Malekar