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ARVIND SINGH SANGWAN
Roshan Lal – Appellant
Versus
Veena Rani – Respondent
JUDGMENT
Arvind Singh Sangwan, J. - The present contempt petition is filed alleging that the respondent-wife has performed second marriage during the pendency of FAO No.290-M-2008 vide which the petitioner-husband has challenged the judgment and decree dated 19.8.2008 granting decree of divorce in favour of respondent-wife.
2. Counsel for the petitioner submits that the following certain dates and events are relevant in the present case :-
4.11.2005 | The marriage of the petitioner was performed with the respondent. |
4.7.2006 | The respondent alleging cruelty and desertion filed an FIR under Sections 406, 498-A, IPC against the petitioner. |
27.8.2006 | A girl child was born out of this wedlock. |
16.9.2006 | The respondent filed petition under Section 13 of the Hindu Marriage Act for dissolution of marriage by decree of divorce on the ground of cruelty and desertion. Application filed under Section 24 of the Hindu Marriage Act, 1955 claiming maintenance pendente lite and litigation expenses were also filed. |
9.1.2008 | The maintenance pendente lite was awarded from the date of application, i.e. 29.7.2006. |
5.8.2008 | As the petitioner-husband failed to clear the arrears approximately Rs.58,000/-, his defence was |
The central legal point established in the judgment is the distinction between the provisions of Section 15 and Section 21B(3) of the Hindu Marriage Act, and their implications on the obligation to r....
The main legal point established in the judgment is that wilful disobedience of court orders, especially in the context of remarriage during the pendency of an appeal, requires evidence of the party'....
Remarriage during the appeal period under Section 15 of the Hindu Marriage Act does not invalidate an ongoing appeal, and the legality of such remarriage is to be determined at the final hearing.
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.
Void marriage under Section 11 HMA for subsisting prior spouse upheld; admission via affidavit post-notice suffices without proving ceremonies; 654-day appeal delay not condoned for lack of bona fide....
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