I got divorced 4 years back, but my ex wife filed the appeal against the decree of divorce within 3 months.
Due to corona and long procedures, still the appeal is pending in district court. As it's been almost 4 years by now, can I file for court marriage with other woman?
Section 2 of the Special Marriage Act, 1954 deals with “degrees of prohibited relationship".
This section states that a man and any of the persons mentioned in Part I of the First Schedule and a woman and any of the persons mentioned in Part II of the said Schedule are within the degrees of prohibited relationship
Two persons are said to be within the degrees of prohibited relationships: if one is a lineal ascendant of the other.
For example a Daughter can not marry her father and grandfather. .
However, as per your scenario I would like to inform you that though the Hindu Marriage Act (HMA), 1955 prescribes that it is lawful to remarry only after dismissal of any appeal by a spouse against a decree of divorce.
The Supreme Court has clarified that a second marriage will not be void if solemnised during the pendency of the appeal.
In a significant interpretation of Section 15 of the Hindu Marriage Act, a bench of Justices S A Bobde and L Nageswara Rao said the period of time when a marriage is not lawfully permissible which is 'during pendency of appeal against divorce', does not constitute that the dissolved marriage continues, and held that nuptials solemnised in this interregnum will not be held void due to being held under an “incapacity”.
Hope All Your Doubts Are Clear
Regards
Kevin M. Paul
