Second Marriage Will be Valid Even if Plea Against Divorce is Pending, Rules Supreme Court

Setting aside an order by the Delhi High Court, a bench of justices SA Bobde and L Nageswara Rao explained the legal position and said that the restrictions put into remarriage would not be applicable where the parties have settled or decided not to pursue the appeal.

New Delhi: The Supreme Court has clarified that the second marriage will be considered valid even if plea against divorce is pending. The “incapacity to marriage” as mentioned under the Hindu Marriage Act would not lead to nullity of second marriage, the top court reportedly said.

The apex court, while interpreting Section 15 of Hindu Marriage Act, said that incapacity for the second marriage for a certain period of time did not have the effect of treating the former marriage as subsisting and that a marriage contracted during that period will not be void because it was contracted under an incapacity.

Setting aside an order by the Delhi High Court, a bench of justices SA Bobde and L Nageswara Rao explained the legal position. It said that the restrictions put into remarriage would not be applicable in cases where the parties have settled or decided not to pursue the appeal.

“The Hindu Marriage Act is a social welfare legislation and a beneficent legislation and it has to be interpreted in a manner which advances the object of the legislation. The Act intends to bring about social reforms. It is well known that this court cannot interpret a socially beneficial legislation on the basis as if the words therein are cast in stone,” the bench reportedly said.

While referring to its 1978 verdict, the bench said, “The dissolution of the marriage is complete once the decree is made, subject of course to appeal. This court also decided that incapacity for second marriage for a certain period of time does not have the effect of treating the former marriage as subsisting and the express ‘spouse’ would not include within its meaning the expression former spouse.”