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Krishnaveni Rai v. Pankaj Rai & Anr.

Criminal Appeal · 2020 INSC 211Decided 19 Feb 2020
Criminal Appeal No. 321 of 2020
Justice Indira Banerjee · Justice M.R. Shah

Background

The appellant's first marriage ended in divorce in 2005, and although she filed a belated appeal against that divorce decree (after the limitation period had already expired), her ex-husband lawfully remarried in 2006. In 2014, she married the respondent. After her second marriage broke down amid allegations of cruelty, she sought maintenance under Section 125 CrPC, but the respondent got the maintenance proceedings dismissed by arguing her second marriage was a nullity because it was solemnized while her belated appeal from the first divorce was technically still pending.

Decision Breakdown

The Supreme Court held that a second marriage is not automatically void merely because it occurred while an appeal against the earlier divorce decree was pending, especially where that appeal was filed after the limitation period had already expired and was never stayed. Interpreting Sections 5, 11 and 15 of the Hindu Marriage Act together, the Court held that only the conditions in Section 5(i), (iv) and (v) render a marriage void, and contravention of Section 15 (remarriage during a pending appeal) merely creates an incapacity, not automatic nullity, relying on its own precedent in Lila Gupta v. Laxmi Narain and Anurag Mittal v. Shaily Mishra Mittal. The Court set aside the orders denying maintenance and remitted the maintenance application for determination, directing interim payment of Rs. 20,000 per month plus a lump sum of Rs. 1,00,000 in arrears.

Lesson Learnt

A second marriage is not automatically invalid just because a technical, time-barred appeal against an earlier divorce was still pending when it took place: courts will look at whether the appeal genuinely threatened the finality of the divorce before treating the later marriage as a nullity.

Official source (sci.gov.in)View Judgment (PDF)

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