AI Structured Summary
Not yet generated for this judgment
Judgment
D.P.S. Chauhan, J.
Heard learned counsel for the parties on the application I.A. No. 10848/96 which contains the prayer for restraining the respondent from performing second marriage during the pendency of this appeal. Learned counsellor the respondent submitted that the matter is covered by section 15 of the Hindu Marriage Act, 1955 and it requires no express order from the Court as the mandate of the law is itself clear. Section 15 is extracted below:
Sec. 15. - Divorced persons when may marry again - When a marriage has been dissolved by a decree of divorce and either there is no right of appeal against the decree or, if there is such a right of appeal, the time for appealing has expired without an appeal having been presented but has been dismissed, it shall be lawful for either party to the marriage to marry again.
There is no dispute that the appeal is against the decree of divorce. There is no dispute that the appeal is maintainable. There is also no dispute that the appeal has been filed within the period prescribed and the same is pending before this Court. The appeal is admitted on 11.12.96. The provision of section 14 operate in a prohibitory form in the circumstances mentioned therein. In the present case, the appeal is presented to this Court and after having been admitted is pending and has not been dismissed. Unless the appeal is dismissed it would not be lawful to either marry again. In view of the legal position it is not necessary to pass any separate order. The application in accordingly disposed of.