The Bombay High Court recently rejected a divorced woman’s request to dismiss her husband’s appeal against their divorce after she remarried during the appeal period. The court emphasized that her remarriage violated the Hindu Marriage Act, which prohibits remarriage while an appeal is pending.
A division bench of Justices RD Dhanuka and MM Sathaye stated that the woman’s action was a “classic example” of trying to bypass legal provisions and create irreversible situations during ongoing legal proceedings.
The couple, married in 2006, has one child. In 2019, the Family Court granted the wife’s divorce petition and awarded her permanent custody of their child. The husband, however, filed an appeal against the divorce decree, which was temporarily stayed.
The wife, in her application to the High Court, argued that she had already married a German national and was unaware that her husband had filed an appeal. She claimed that the appeal papers were served to her just three days after her wedding. The wife also stated that she and her husband had been separated for over 10 years, and their marriage had irretrievably broken down.
However, her husband argued that the second marriage was rushed, and her actions were intended to prevent him from seeing their child. He pointed out that the court had already barred her from taking their child abroad, and her remarriage was both legally and socially invalid.
The court referred to Section 15 of the Hindu Marriage Act, which disallows remarriage while an appeal against a divorce is pending or within one year of the divorce decree. Section 19 provides the aggrieved spouse with at least 90 days to file an appeal. The court found it bold that the wife sought dismissal of the appeal based on her second marriage, which clearly violated these provisions.
Ultimately, the Bombay High Court refused to dismiss the husband’s appeal at this stage of the proceedings.
Case Title: Akash Kanwarlal Kamal v. Himani Akash Kamal
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