Summary
The Supreme Court set aside rejection of a maintenance claim based on the supposed nullity of a remarriage during a belated divorce appeal. Contravention of Section 15 of the Hindu Marriage Act does not itself make a marriage void. In this case no timely appeal or stay prevented remarriage after the appeal period expired. The maintenance claim was remitted for determination, with continued interim payments and an adjustable arrears payment.
Issues
- Whether remarriage during the belated divorce appeal was void so as to defeat maintenance.
- What relief should follow pending adjudication of the maintenance claim.
Provisions considered
- Sections 5, 11 and 15, Hindu Marriage Act, 1955Distinguished statutory grounds of voidness from restrictions on remarriage after divorce and applied the expiry of the appeal period without a timely appeal or stay. (¶¶ 25, 27, 28, 29, 31, 32, 33, 34, 35, 37)
Held
- Section 11 specifies the relevant contraventions of Section 5 rendering a marriage void. Section 15 does not declare a remarriage void merely because it occurs during an appeal from the divorce decree, and the temporary restriction does not revive the dissolved marriage. (¶¶ 27, 28, 29, 31, 32, 33, 37)
- Here the divorce appeal was filed after expiry of limitation, and the former husband had already lawfully remarried without any appeal then pending. Subsequent condonation did not invalidate a valid remarriage; a stay of the decree or specific restraint against remarriage would present a different situation. (¶¶ 34, 35, 36, 37)
- It was unnecessary to decide whether a formal nullity declaration must precede refusal of maintenance, because the supposed ground of nullity itself failed. The maintenance application required adjudication by the appropriate court. (¶¶ 38, 39, 40)
Result
Appeal allowed; orders rejecting maintenance set aside and application remitted. Husband to continue ₹20,000 monthly maintenance until further appropriate orders and pay ₹1 lakh within four weeks towards arrears, subject to adjustment after determination.