TEJINDER KAUR versus GURMIT SINGH

TEJINDER KAUR versus GURMIT SINGH

A party whose appeal has been dismissed by the High Court cannot lawfully remarry until the limitation period for the other spouse to file a Special Leave Petition to the Supreme Court has expired. The deletion of the proviso to Section 15 allows quick remarriage after divorce, but only after the appeal and SLP periods are over. It was incumbent on the respondent-husband to ascertain the status of pending proceedings before contracting a second marriage. Therefore, the preliminary objection that the SLP is infructuous due to remarriage is overruled.

Parties
Petitioner Wife: Tejinder Kaur; Respondent Husband: Gurmit Singh
Jurisdiction
India
Judgment Date
23 February 1988
Procedural Posture
Special Leave Petition (civil) / Preliminary Objection Before Supreme Court; SLP to Be Placed for Hearing
Outcome
Preliminary objection overruled; SLP not rendered infructuous.
Legal Topics
Dissolution of Marriage, Remarriage After Divorce, SLP Under Article 136, Waiting Period Post Divorce, Effect of Appeal and Limitation Period
Family Law Constitutional Law Dissolution of Marriage Remarriage After Divorce SLP Under Article 136 Waiting Period Post Divorce Effect of Appeal and Limitation Period

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Parties

Tejinder Kaur

Petitioner Wife

Gurmit Singh

Respondent Husband

Procedural Posture

Special Leave Petition (civil) / Preliminary Objection Before Supreme Court; SLP to Be Placed for Hearing

Legal Issues

  1. 1 Whether a Special Leave Petition (SLP) filed by the wife under Article 136 of the Constitution is rendered infructuous by the husband's remarriage after dismissal of the wife's appeal by the High Court
  2. 2 Effect of deletion of the waiting period proviso in Section 15 of the Hindu Marriage Act, 1955, and the impact on the validity of remarriage pending SLP

Ratio Decidendi

A party whose appeal has been dismissed by the High Court cannot lawfully remarry until the limitation period for the other spouse to file a Special Leave Petition to the Supreme Court has expired. The deletion of the proviso to Section 15 allows quick remarriage after divorce, but only after the appeal and SLP periods are over. It was incumbent on the respondent-husband to ascertain the status of pending proceedings before contracting a second marriage. Therefore, the preliminary objection that the SLP is infructuous due to remarriage is overruled.

Court Disposition

Preliminary objection overruled; SLP not rendered infructuous.

Orders

  • Special Leave Petition to be placed for hearing
  • No order as to costs