India has the lowest divorce rate in the world which is only 1.1%, but can these 1.1 people whose divorce appeal is pending, get married again without the case being over?
AUTHOR : ANMOL RAJAK
India has the lowest divorce rate in the world which is only 1.1%, but can these 1.1 people whose divorce appeal is pending, get married again without the case being over?
Answering this, a decision of the Hon’ble Punjab and Haryana High Court came on Thursday, the order of which was passed by Justice Alka Sarin. In this case, the Hon’ble High Court imposed a fine of Rs 2,000 and three months simple imprisonment on Gurdeep Singh as the divorce from his first marriage was pending and the act was in violation of Section 15 of the Hindu Marriage Act, 1955 and the Hon’ble Court said that the damage caused by the act committed by the husband cannot be repaired by going back in time.
FACT OF THE CASE:
Gurdeep and Rani marry in Bilaspur, Yamunanagar, in December 2012. They have a daughter, but their actions lead to divorce. The husband files for divorce under Section 13 of the HMA. The family court dissolves their marriage on March 2, 2020. 10 days later, on 12th march 2020 the wife filed an appeal before the Hon’ble Punjab and Haryana High Court under Section 28 of HMA, challenging the trial court's decrees. Section 28 of HMA. Section 28 provides the Right to Appeal and states that any unsuccessful party may file an appeal in the High Court within 90 days, provided the appeal is not merely related to money or cost and the final decree of the trial court has been passed. The first hearing of the appeal takes place on 15 June and on 13 August 2020 the court grants a stay order on the divorce. But in this case, the husband comes for the first time only in February 2021 and stated that he has married in January 2021. Then wife filed contempt of court petition before the Hon’ble High Court under section 15 of HMA.
ARGUMENTS OF THE PARTY:
Petitioner’s counsel argued that, Due to this act of the husband, the wife and daughter have lost the final opportunity of reconciliation and their appeal under Section 28 has become pointless. He also cited the “Courts on its Motion vs Manish (2016)” and “Courts on its Motion vs Jagdeep pal Singh (2019)” Cases to argue remarriage after filing of appeal interferes with administration of justice. He cited one more case, “N. Rajendren vs Valli (2025),” and said that the second marriage is barred only when the appeal is filed and not only after the service is done. In response, the husband accepted his remarriage and says he never knew about the divorce decree appeal. He only found out when his ex-wife filed a criminal case against him. Respondent’s counsel argue, the husband never received any notice regarding this appeal due to his address at Pooja Vihar, Ambala Cantt, and contempt cannot be filed without information and he also questioned upon the binding values of the opposite counsel’s cited cases because the cases were of Chhattisgarh, Rajasthan, and Bombay, High Court.
COURT REASONING:
The Justice Alka Sarin rejected the apology of the husband and respondent counsel's all arguments because he wilfully violates the section 15. The court also stated that the wife's appeal became pointless due to the husband's actions and the wife and daughter lost hope of reconciliation and the damage caused by all this cannot be undone by going back in time and all the notices were sent to the same address which she had given in the earlier divorce case, so this is not a valid excuse for remarriage. “Virtually, the conduct of respondent-husband has rendered the appeal filed by the petitioner wife infructuous and the petitioner-wife being remediless. The petitioner-wife and her daughter have even missed out the chance to partake in any reconciliation process,” The court relied on the 2008 division bench ruling in “Jasbir Kaur vs Kuljit singh” and held that the right of appeal is a substantial right and if any act of the decree holder violates any element, it will be considered as wilful disobedience. And also mentioned the case of "Rakesh kumar vs suman (2019)" and said that the decree holder has to verify whether any appeal has been filed or not within the period of 90 days.
FINAL ORDER:
Considering all the contentions, the court noted that appeal filled within the period of limitation and remarriage amounting to violation of section 15 of HMA. Accordingly, finding wilful violation of section 15 of HMA the court held the husband guilty of civil contempt and imposed simple imprisonment of 3 month with Rs. 2000 fine, and order to surrender before the chief judicial magistrate of Yamunanagar at Jagadhri within 15 days from 27th November. Mr. G.C. Shahpuri, Advocate for the petitioner. Mr. Saket Bhandari, Advocate for the respondent. Title: XXX v. XXX
CONCLUSION:
This High Court decision explains the nature of Section 15 of HMA, its time limits, and prohibits remarriage while the appeal is pending and Section 28 of HMA further highlights the right to appeal as a substantial right.