1. The learned counsel appearing for the Applicant - wife seeks time to deal with the reply filed in Civil Application No. 106 of 2015. On the basis of the order passed by this Court in Civil Application No. 106 of 2015, today the learned counsel appearing for the Respondent - husband has produced for perusal of the Court, a marriage certificate which shows that his second marriage has been solemnized on 2nd January, 2014. We direct the learned counsel appearing for the Respondent - husband to place the true photocopies of the said certificate on record.
2. The learned counsel appearing for the Respondent does not dispute that the Family Court Appeal preferred by the Applicant for challenging the decree of divorce was filed within limitation. His contention is that till the date of remarriage on 2 January, 2014 he was not served with the notice of filing of an Appeal.
3. Section 15 of the Hindu Marriage Act reads thus:-
“15. Divorced persons. When may marry again. - When a marriage has been dissolved by a decree of divorce and either there is no right of appeal against the decree or, if there is such a right of appeal, the time for appealing has expired without an appeal having been presented, or an appeal has been presented but has been dismissed, it shall be lawful for either party to the marriage to marry again.”
4. In the present case, before the expiry of the prescribed period of limitation, the present Appeal has been preferred. Therefore, the Respondent was not entitled to remarry. Moreover, the decree of divorce was stayed by this Court on 19th December, 2013 by passing an ad-interim order in the Appeal. The notice was pasted on the address of the Respondent which is set out in the cause title of the divorce petition filed by the Respondent. On plain reading of Section 15, even assuming that the Respondent was not aware of the Appeal being filed within limitation, the same will not make the second marriage valid. Therefore, the second marriage solemnized by the Respondent on 2 January, 2014 is completely illegal.
5. Place the application for hearing on 13 April, 2016.