The Kerala High Court, led by Justice P. Somarajan, recently ruled that remarrying while a divorce appeal is still pending does not amount to bigamy under Section 494 of the Indian Penal Code, provided the appeal is eventually dismissed.
The court’s decision came after a case where a woman claimed her husband had remarried while an appeal against their divorce decree was pending. The husband faced charges under Sections 494, 114, and 34 of the IPC. He contested these charges, arguing that his second marriage occurred after the Family Court’s divorce decree but before the appeal and stay order were resolved.
The court reviewed the statutory requirements for bigamy, noting that the accused must have had a first marriage, remarried, and the first marriage must still be valid with the spouse alive. The High Court referenced the Gopal Lal v. State of Rajasthan case, emphasizing that a second marriage during the lifetime of the first spouse is typically considered void.
The court also highlighted the provisions of Section 15 of the Hindu Marriage Act, which outlines when a person can legally remarry. According to this section, a person may remarry after a divorce decree if the time for appeal has expired, no appeal was presented, or an appeal was presented but dismissed.
The Kerala High Court clarified that a divorce decree takes effect from the date of the Family Court’s original decision, not from the date of the appellate decree. Therefore, even if an appeal is pending, the original divorce decree’s date is considered for the purposes of legal remarriage.
In summary, the court’s ruling provides clear guidelines on the legality of remarrying while a divorce appeal is pending, reinforcing that such actions are not deemed bigamous if the appeal is dismissed.
Be a part our social media community:
Facebook: https://www.facebook.com/IndianMan.in?mibextid=ZbWKwL
Instagram:
https://www.instagram.com/indianman.in?igsh=MWZ2N3N0ZmpwM3l3cw==
