High Court of Kerala has delivered this order wherein it held that, “these provisions do not prohibit the spouse, who has obtained an ex parte decree of divorce, to marry again before the expiry of the time for filing an application to set aside the ex parte decree or during the pendency of such an application filed by the opposite spouse.”
From Para 25,
Taking cue from the decision of the Supreme Court in Parimal (supra), we are of the firm view that remarriage of the spouse who obtained the ex parte decree of divorce will notrender the application for setting aside the ex parte decree filedby the opposite spouse infructuous. Remarriage of the spouse is not a relevant factor to be taken into account in deciding the merits of an application filed for setting aside an ex parte decree of divorce. The application under Order IX Rule 13 of the Code of Civil Procedure has to be considered on its own merits within the four corners of that provision.
From Para 27,
The lower court has observed that remarriage of the appellant would amount to bigamy. Learned counsel for theappellant submitted that this observation made by the lower court is wrong and unwarranted. We find force in this submission.
From Para 28,
The following ingredients are necessary to constitute bigamy:
(1) the accused must have contracted first marriage;
(2) he must have married again;
(3) the first marriage is subsisting at the time of the second marriage and
(4) the spouse must be living.
Denny Pazhoor Vs Greeta Sunitha Vincent on 17 October, 2018
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