MR. ANURAG MITTAL versus MRS. SHAILY MISHRA MITTAL

MR. ANURAG MITTAL versus MRS. SHAILY MISHRA MITTAL

A second marriage during the pendency of appeal against a divorce decree is not void where the parties to the earlier marriage have settled and the appeal has been applied to be withdrawn, even if formal dismissal is pending; Section 5(i) is not attracted—first spouse cannot be considered living; Section 15...

Source-derived case information.

Parties
Appellant: MR. ANURAG MITTAL; Respondent: MRS. SHAILY MISHRA MITTAL
Jurisdiction
India
Judgment Date
24 August 2018
Procedural Posture
Civil Appeal / Supreme Court Appeal From Delhi High Court Judgment
Outcome
Appeal allowed; High Court judgment set aside; marriage between appellant and respondent not void.
Legal Topics
Marriage Validity, Hindu Marriage Act, Second Marriage During Pending Appeal, Statutory Interpretation
Family Law Marriage Validity Hindu Marriage Act Second Marriage During Pending Appeal Statutory Interpretation

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Parties

MR. ANURAG MITTAL

Appellant

MRS. SHAILY MISHRA MITTAL

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From Delhi High Court Judgment

Legal Issues

  1. 1 Does dismissal of appeal relate back to the date of filing withdrawal application?
  2. 2 Is a second marriage during pendency of an appeal against a divorce decree void under Hindu Marriage Act, 1955 s. 5(i) and s. 15?

Ratio Decidendi

A second marriage during the pendency of appeal against a divorce decree is not void where the parties to the earlier marriage have settled and the appeal has been applied to be withdrawn, even if formal dismissal is pending; Section 5(i) is not attracted—first spouse cannot be considered living; Section 15 restriction does not apply when parties have settled and decided not to pursue appeal.

Court Disposition

Appeal allowed; High Court judgment set aside; marriage between appellant and respondent not void.

Orders

  • High Court judgment of nullity is set aside.
  • Appellant's marriage with respondent is upheld.