VidhiSangh

Supreme Court of India · 19/02/2020

KRISHNAVENI RAI versus PANKAJ RAI & ANR.

[2020] 1 S.C.R. 682 · 2020 INSC 211

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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

  1. Whether remarriage during the belated divorce appeal was void so as to defeat maintenance.
  2. What relief should follow pending adjudication of the maintenance claim.

Provisions considered

Held

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.

Judgment PDF: Supreme Court of India, [2020] 1 S.C.R. 682.