Re-married after appeal time completion but after 7 years came to know there is a pending appeal

It is valid and legal re-marriage for that your frnd (or his / her spouse) need not worry qua legality of this marriage.

Application for condonation of delay in filing appeal against the decree of divorce grnated by a competent Court, shall have no affect on the remarriage.

Dear Querist,

The Kerala High Court ruled that even if the appeal against the divorce decree from the first marriage is eventually dismissed, a party who marries again while the appeal is still ongoing will not be guilty of bigamy under Section 494 of the Indian Penal Code.

Furthermore, according to a ruling by Justice Anil Kilor last week, Section 15 of the Hindu Marriage Act of 1955 only permits remarriage following the denial of an appeal against a divorce decree. However, because the Act contains no penalties for violating the provision, a remarriage that occurs while an appeal is pending is not deemed invalid.

Hence, his 2nd marraige would be considered valid. 

The question is, whether the appeal was filed beyond the statutory period of limitation - No definite answer is possible unless the date of the decree, time taken for getting the certified copy of the decree as well the date of filing of the appeal is disclosed.

 

Thanks all for your replies, @Venu sir, judgement pronounced on 8th feb, decree signed on 1st March and certified copy delivered on same day, appeal filed on 14th April and 23 november of same year filed condonation delay filing.

In the given circumstances, the second marriage suffers no legal impairment.

thank you sir, i'm a law student as well final and typical query on this same issue what happens if he lost the appeal filed by his ex wife. as per hindu law only one legal wife should exist at a time.