Second marriage valid even if divorce plea against first marriage pending


The Hush Post: The Supreme Court has said that the second marriage will stand even if the pendency against divorce is pending in the court by the partner from the first marriage. This is pertaining to the pendency against divorce by the aggrieved partner. Though, the Hindu Marriage Act says things to the contrary.

The apex court declared that any marriage during the pendency of the divorce decree would be against Section 5(i) of the Act. It passed an order on an appeal by a man against the Delhi HC order declaring second marriage void on a plea by his first wife.

The Hindu Marriage Act is a social welfare legislation. The bench said that declaring a marriage void has an impact on children and parents also. The bench said that delivering social welfare is impossible if we believe in the words of the Act as such.

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