Second Marriage During Pending Divorce Appeal: Supreme Court Rules Marriage Not Void

The Supreme Court of India, in the case of Mr. Anurag Mittal v. Mrs. Shaily Mishra Mittal, ruled that a second marriage conducted while an appeal against a divorce decree is pending is not void if the appellant has withdrawn the appeal. The judgment, delivered on August 24, 2018, by a bench comprising Justice S.A. Bobde and Justice L. Nageswara Rao, clarified the interpretation of Section 15 of the Hindu Marriage Act, 1955.

Background of the Case

The appellant, Mr. Anurag Mittal, was previously married to Ms. Rachna Aggarwal. The Additional District Judge, Tis Hazari Court, Delhi, granted a divorce decree on August 31, 2009. The appellant filed an appeal against this decision, and the Delhi High Court stayed the operation of the divorce decree on November 20, 2009. During the pendency of this appeal, the appellant and his former spouse reached a mediation settlement on October 15, 2011, agreeing that the appellant would withdraw his appeal.

Following this settlement, the appellant filed an application to withdraw his appeal on November 28, 2011. Before the court officially dismissed the appeal, he married Mrs. Shaily Mishra Mittal on December 6, 2011. Subsequently, the appeal was formally dismissed as withdrawn on December 20, 2011.

Mrs. Shaily Mishra Mittal challenged the validity of their marriage, arguing that it was void under Section 5(i) read with Section 11 of the Hindu Marriage Act. The Family Court ruled in favor of the appellant, stating that his second marriage was valid. However, the Delhi High Court reversed this decision, declaring the marriage null and void. Aggrieved by the High Court’s ruling, the appellant moved the Supreme Court.

Petitioner’s (Appellant’s) Arguments

The appellant, represented by senior counsel, argued:

His previous marriage was legally dissolved by the August 31, 2009 divorce decree.
Although he had appealed the decree, he had already filed an application to withdraw the appeal before marrying the respondent.
Under Order XXIII Rule 1 of the Civil Procedure Code (CPC), withdrawal of an appeal does not require a formal court order to take effect.
Since the appeal was dismissed as withdrawn, his divorce decree remained valid, and Section 5(i) of the Hindu Marriage Act was not violated.
The Delhi High Court misinterpreted Section 15 of the Act, which allows remarriage once an appeal against a divorce decree is dismissed.

Respondent’s (Wife’s) Arguments

Mrs. Shaily Mishra Mittal contended:

Since the appeal against the divorce decree was still pending at the time of their marriage, the appellant was legally not free to remarry.
Section 15 of the Hindu Marriage Act prohibits remarriage until the appeal is formally dismissed.
The marriage was void because the appellant’s previous marital status was unsettled at the time of their wedding.

Supreme Court’s Observations

The Supreme Court made the following key observations:

Effect of Appeal Withdrawal: The court ruled that the right to withdraw an appeal is absolute and takes effect from the moment the withdrawal application is filed.
Validity of Second Marriage: Since the appellant had filed for withdrawal of his appeal before marrying the respondent, his previous marriage was legally dissolved.
Literal vs. Purposive Interpretation: The court emphasized that Section 15 of the Hindu Marriage Act should be interpreted purposively to avoid unnecessary hardships.
Relevance of Lila Gupta Judgment: The court cited Lila Gupta v. Laxmi Narain (1978), which held that a marriage conducted before the expiry of a statutory waiting period is not void unless explicitly declared so by law.

Final Judgment

The Supreme Court ruled in favor of the appellant and issued the following directives:

The Delhi High Court’s judgment was set aside.
The marriage between Mr. Anurag Mittal and Mrs. Shaily Mishra Mittal was declared valid.
The appeal withdrawal related back to the date of filing, making the appellant legally free to remarry.

Impact of the Judgment

This ruling clarified the legal position on second marriages during the pendency of divorce appeals:

Precedent for Withdrawal of Appeals: The judgment established that an appeal withdrawal takes effect immediately upon filing.
Clarification on Section 15 of the Hindu Marriage Act: The ruling confirmed that remarriage is lawful once an appeal is dismissed, even if the formal order is passed later.
Protection Against Unwarranted Litigation: The decision prevents misuse of procedural delays to challenge valid remarriages.

Conclusion

The Supreme Court’s decision in Mr. Anurag Mittal v. Mrs. Shaily Mishra Mittal is a landmark ruling on marriage validity in divorce cases. By interpreting Section 15 of the Hindu Marriage Act in a purposive manner, the court provided clarity on when remarriage is legally permissible. This judgment upholds the principles of fairness and legal certainty in matrimonial disputes.

Petitioner Name: Mr. Anurag Mittal.
Respondent Name: Mrs. Shaily Mishra Mittal.
Judgment By: Justice S.A. Bobde, Justice L. Nageswara Rao.
Place Of Incident: Delhi.
Judgment Date: 24-08-2018.

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