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2014 Supreme(MP) 350
MADHYA PRADESH HIGH COURT
S. K. Gangele and S. K. Palo, JJ.
Ganga Bai v. Rambabu
First Appeal No.46 of 2009 (G);
Decided on 3.7.2014.*
Bhagwan Raj Pandey for appellant; Ms. Kiran Upadhyaya for respondent.
Headnote:Hindu Marriage Act, 1955 -- S.15 -- appeal against decree of divorce -- not filed within statutory period of limitation of 90 days -- after lapse of period of limitation -- divorced person had a right to remarry -- right of respondent would not be affected even though delay in filing appeal was condoned. [Paras 5 to 7
fganw fookg vf/kfu;e] 1955 & /kkjk 15 & fookg&foPNsn dh fMØh ds fo#) vihy & 90 fnu dh dkuwuh vof/k dh ifjlhek ds Hkhrj Qkby ugha dh xbZ & ifjlhek dh vof/k chr tkus ds i'pkr~ & fofPNUu fookg O;fDr dks iqufoZokg djus dk vf/kdkj gS & izR;FkhZ dk vf/kdkj izHkkfor ugha gksxk Hkys-gh vihy Qkby djus esa foyac ekQ dj fn;k x;k gksA iSjk 5 ls 7
1. Heard on IA 986/2014 an application filed by respondent for dismissal of this appeal.
2. This first appeal has been filed by the appellant against the judgment and decree of divorce. The appeal was filed on 21st January,2009. Impugned judgment and decree is dated 18th January, 2008. Limitation for filing appeal is 90 days. Admittedly, the appeal was not filed within statutory period of limitation of 90 days. It is further pleaded that respondent remarried on 1st March, 2009.
3. Section 15 of the Hindu Marriage Act, 1955 gives right to the divorced person to remarry. Aforesaid section reads as under :
Divorced persons when may marry again - When a marriage has been dissolved by a decree of divorce and either there is no right of appeal against the decree or, if there is such a right of appeal, the time for appealing has expired without an appeal having been presented, or an appeal has been presented but has been dismissed, it shall be lawful for either party to the marriage to marry again.”
4. In accordance with the aforesaid section, the divorced person has a right of remarriage if time for appealing has expired without an appeal having been presented.
5. In the present case, time for filing appeal was expired. Although, the appeal was filed before remarriage, but it is a fact that time for filing appeal was expired. Hence, a right had accrued in favour of the respondent of remarriage in accordance with the provisions of section 15 of the Hindu Marriage Act. In this view of the matter, no relief can be granted to the appellant in regard to setting aside the decree of divorce.
6. It is pleaded by the learned counsel for the appellant that the delay in filing this appeal has been condoned by this Court, hence, it could not be said that the respondent has a right to remarry.
7. In our opinion, section 15 of the Hindu Marriage Act specifically mentions the fact that after lapse of period of limitation, divorced person had a right to remarry. Hence, in these circumstances, right of the respondent would not be affected even though delay in filing the appeal was condoned by this Court.
8. In this view of the matter, this appeal has become infructuous.
9. IA 986/2014 is disposed of accordingly.
10. No order as to costs.
