In this judgment from Hon’ble Apex Court, it was held that a pending appeal in a divorce decree does not make second marriage null and void, if it was withdrawn before second marriage.
From Paras 18-20,
Anurag Mittal Vs Shaily Mishra Mittal on 24 August, 201818. Section 15 of the Act provides that it shall be lawful for either party to marry again after dissolution of a marriage if there is no right of appeal against the decree. A second marriage by either party shall be lawful only after dismissal of an appeal against the decree of divorce, if filed. If there is no right of appeal, the decree of divorce remains final and that either party to the marriage is free to marry again. In case an appeal is presented, any marriage before dismissal of the appeal shall not be lawful. The object of the provision is to provide protection to the person who has filed an appeal against the decree of dissolution of marriage and to ensure that the said appeal is not frustrated. The purpose of Section 15 of the Act is to avert complications that would arise due to a second marriage during the pendency of the appeal, in case the decree of dissolution of marriage is reversed. The protection that is afforded by Section 15 is primarily to a person who is contesting the decree of divorce.
19. Aggrieved by the decree of divorce, the Appellant filed an appeal and obtained a stay of the decree. During the pendency of the appeal, there was a settlement between him and his former spouse. After entering into a settlement, he did not intend to contest the decree of divorce. His intention was made clear by filing of the application for withdrawal. It cannot be said that he has to wait till a formal order is passed in the appeal, or otherwise his marriage dated 06.12.2011 shall be unlawful. Following the principles of purposive construction, we are of the opinion that the restriction placed on a second marriage in Section 15 of the Act till the dismissal of an appeal would not apply to a case where parties have settled and decided not to pursue the appeal.
20. It is not the case of the Appellant that the marriage dated 06.12.2011 is lawful because of the interim order that was passed in the appeals filed by him against the decree of divorce. He rested his case on the petition filed for withdrawal of the appeal. The upshot of the above discussion would be that the denouement of the Family Court is correct and upheld, albeit for different reasons. The conclusion of the High Court that the marriage dated 06.12.2011 is void is erroneous. Hence, the judgment of the High Court is set aside.
Citations: [AIR 2018 SUPREME COURT 3983], [2018 (9) SCC 691], [AIR 2018 SC (CIV) 2946], [(2018) 5 MAD LW 582], [(2018) 4 RAJ LW 2917], [(2018) 4 RECCIVR 103], [(2018) 8 MAD LJ 394], [(2018) 4 MPLJ 11], [(2018) 5 MAH LJ 714], [(2019) 1 PUN LR 189], [(2018) 2 WLC(SC)CVL 439], [(2018) 10 SCALE 202], [(2018) 3 KER LT 980], [(2019) 1 CIVLJ 734], [(2018) 3 DMC 1], [(2018) 4 PAT LJR 99], [(2019) 1 CAL LJ 41], [(2018) 4 CIVILCOURTC 314], [(2019) 132 ALL LR 725], [(2018) 6 ANDHLD 79], [(2018) 5 BOM CR 505], [(2019) 2 CALLT 56], [(2019) 193 ALLINDCAS 193 (SC)], [(2018) 3 HINDULR 343], [(2018) 5 CAL HN 252], [(2018) 126 CUT LT 1001], [(2018) 4 JCR 179 (SC)], [(2018) 251 DLT 552], [(2019) 1 GUJ LH 197], [(2018) 4 JLJR 61], [AIRONLINE 2018 SC 215]
Other Sources:
https://indiankanoon.org/doc/124571211/
https://www.casemine.com/judgement/in/5b87b4c018a681333960cea8
