Back
R. D. DHANUKA, M. M. SATHAYE
Akash Kanwarlal Kamal – Appellant
Versus
Himani Akash Kamal – Respondent
| Table of Content |
|---|
| 1. nature of application in matrimonial dispute. (Para 1 , 2 , 3) |
| 2. marital status impact on appeal proceedings. (Para 4 , 5) |
| 3. respondent's opposition based on statutory grounds. (Para 6 , 7) |
| 4. chronology of events regarding appeal and marriage. (Para 8 , 9 , 10) |
| 5. legal standards of remarriage under hindu marriage act. (Para 11 , 12 , 13 , 14 , 15) |
| 6. assessment of compliance with appeal timelines. (Para 16 , 17) |
| 7. effect of second marriage on pending appeal. (Para 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25) |
| 8. interim arguments and their relevance. (Para 26 , 27 , 28) |
| 9. court's final orders regarding appeal. (Para 29 , 30) |
ORDER :
M.M.Sathaye, J. - This Interim Application is a classic example of increasing tendency amongst the litigants to try to overreach the provisions of Law by creating a situation, which is difficult to reverse, thereby making pending proceedings infructuous. In the present case, such effort is made by a wife in a matrimonial dispute arising out of divorce proceedings.
2. This is an application filed by Applicant-wife (Respondent in Appeal) praying for dismissal of Appeal (FCA No.173/2019) on account of her second marriage. An alternative prayer is ma
The court established that a decree of divorce, whether contested or ex-parte, allows either party to remarry once the appeal period has expired, as per Section 15 of the Hindu Marriage Act, 1955.
Remarriage during the appeal period does not invalidate the marriage but is subject to the outcome of the appeal against the divorce decree.
Exparte decree – Setting aside – Every conclusion must be well supported by adequate reasons and if issue is arising that case has not been properly dealt with, same would be relevant circumstance fo....
A marriage is void if one party has a living spouse, and customary divorce must be proven to be legally recognized.
(1) No application for amendment shall be allowed after trial has commenced unless court comes to conclusion that in spite of due diligence party could not have raised matter before commencement of t....
An appeal against a decree of divorce by mutual consent is not maintainable if the consent is claimed to be obtained through fraud or misrepresentation.
The court emphasized the necessity of mutual consent and the consideration of subsequent developments in divorce proceedings under the Hindu Marriage Act.
Divorce by mutual consent – No appeal would be maintainable against decree for divorce by mutual consent.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
