The court clarified that remarriage during the pendency of an appeal filed beyond the limitation period is not unlawful, and ordered a fresh hearing on permanent alimony due to changed circumstances.
In a significant ruling, the Kerala High Court has held that a subsequent marriage during the pendency of an appeal filed with a delay does not render the marriage void under Section 15 of the Hindu Marriage Act, 1955. The decision was rendered in the matrimonial appeal case of Vijay R. Nair versus Lijitha, where the respondent remarried during the pendency of an appeal filed by the appellant with a 12-day delay, which was later condoned.
The appeal challenged the Family Court's decision granting divorce on grounds of cruelty and desertion, coupled with a decree for permanent alimony of Rs. 20,00,000 to the respondent. The appellant contended that the respondent's remarriage during the appeal's pendency was void, arguing it rendered the appeal against the divorce decree infructuous.
However, the bench, comprising Dr. A.K. Jayasankaran Nambiar and Preeta A.K., rejected the appellant's interpretation of Section 15, noting that the bar on remarriage does not apply to appeals filed beyond the statutory limitation period, even if the delay is subsequently condoned. The court cited precedents from the Supreme Court, emphasizing that an appeal filed beyond the limitation period does not invoke the statutory bar against remarriage.
The court further addressed the issue of permanent alimony, remitting it for fresh adjudication due to the respondent's changed marital status. The decision to remit was based on the absence of evidence from the appellant in the original proceedings and the subsequent remarriage altering the circumstances under which the alimony was awarded.
The court directed the Family Court to conduct a fresh hearing on the alimony issue, allowing both parties to present evidence. The High Court underscored the necessity of re-evaluating the respondent's entitlement to alimony and its quantification, given the remarriage.
This judgment underscores the legal stance that a delayed appeal does not preclude remarriage and that such a marriage is neither void nor unlawful. It also highlights the court's approach to ensuring fairness in alimony adjudication amidst changed personal circumstances.
The Mat. Appeal was thus partly allowed, with specific directions for expedited proceedings on the alimony matter by the Family Court.
Bottom line:-
Hindu Marriage Act - Second marriage during pendency of appeal filed with a delay is not void under Section 15 - Permanent alimony decree remitted for fresh adjudication in light of changed circumstances.
Statutory provision(s): Hindu Marriage Act, 1955 Sections 15, 13(1)(ia), 13(1)(ib), 25(3), Indian Penal Code Section 498A
Vijay R. Nair v. Lijitha, (Kerala)(DB) : Law Finder Doc id # 2928984
