Case Note & Summary
The appeal arises from a judgment of the Telangana High Court dismissing the appellant's criminal revision against the rejection of her maintenance application under Section 125 CrPC. The appellant married Arvind Chenjee in 1989, which was dissolved by divorce decree on 28.06.2005. She filed an appeal against the decree in August 2006, which was delayed but condoned; the decree was not stayed. In 2006, her ex-husband remarried. On 13.12.2014, the appellant married the respondent No.1. The marriage failed, and she filed for maintenance under Section 125 CrPC. The Family Court dismissed her application on the ground that the marriage was a nullity because it was solemnized during the pendency of her appeal against the divorce decree. The High Court upheld this, also quashing criminal proceedings against the respondent on the same basis. The Supreme Court examined Sections 5, 11, and 15 of the Hindu Marriage Act, 1955. It held that a marriage is void only if it contravenes Section 5(i) (spouse living at time of marriage), (iv) (prohibited relationship), or (v) (sapinda). Since the appellant's first marriage was dissolved by a decree of divorce, she did not have a spouse living at the time of her second marriage. The pendency of an appeal without a stay does not revive the dissolved marriage. Therefore, the second marriage was not void. The Court set aside the High Court's order and remanded the maintenance application to the Family Court for fresh consideration on merits.
Headnote
A) Hindu Marriage Act - Void Marriage - Section 11 - Conditions for Nullity - Marriage contravening Section 5(i) (spouse living) is void, but marriage during pendency of appeal without stay does not contravene Section 5(i) as the earlier marriage stands dissolved by decree - Held that the marriage is not void ab initio (Paras 24-29).
B) Criminal Procedure Code - Maintenance - Section 125 - Entitlement of Wife - A wife married during pendency of appeal against divorce decree, without stay, is entitled to maintenance if other conditions are satisfied - Held that the High Court erred in denying maintenance solely on ground of nullity (Paras 24, 30).
Issue of Consideration
Whether a second marriage performed during the pendency of an appeal from a decree of divorce is a nullity under the Hindu Marriage Act, 1955, even when there is no stay of operation of the decree, and whether the wife can be denied maintenance under Section 125 CrPC on that ground.
Final Decision
The Supreme Court allowed the appeal, set aside the impugned order of the High Court dated 9.4.2019, and remanded the matter to the Family Court for fresh consideration of the maintenance application under Section 125 CrPC on its own merits, in accordance with law, without being influenced by the observation that the marriage was a nullity.
Law Points
- Section 125 CrPC maintenance
- Section 5 Hindu Marriage Act conditions for valid marriage
- Section 11 Hindu Marriage Act void marriages
- Section 15 Hindu Marriage Act remarriage after divorce
- pendency of appeal without stay does not invalidate marriage
Case Details
Criminal Appeal No. 321 of 2020 (Arising out of SLP (Crl.) No. 7903 of 2019)
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Nature of Litigation
Criminal appeal against High Court order dismissing revision against rejection of maintenance application under Section 125 CrPC.
Remedy Sought
Appellant sought maintenance from respondent No.1 under Section 125 CrPC.
Filing Reason
Appellant claimed she was subjected to harassment and cruelty by respondent No.1 and thrown out of matrimonial home, and she had no independent source of income.
Previous Decisions
Family Court dismissed maintenance application on ground that marriage was nullity; High Court dismissed revision on same ground.
Issues
Whether the marriage of the appellant with respondent No.1, solemnized during the pendency of an appeal against a decree of dissolution of her first marriage, is void under the Hindu Marriage Act, 1955.
Whether the appellant is entitled to maintenance under Section 125 CrPC despite the alleged nullity of the marriage.
Submissions/Arguments
Appellant argued that the marriage was valid as the divorce decree was not stayed and the appeal was ultimately withdrawn; she was entitled to maintenance.
Respondent argued that the marriage was void because it was solemnized during the pendency of the appeal, contravening Section 5(i) read with Section 15 of the Hindu Marriage Act.
Ratio Decidendi
A marriage solemnized during the pendency of an appeal against a decree of divorce, without any stay of operation of the decree, does not contravene Section 5(i) of the Hindu Marriage Act, 1955, as the earlier marriage stands dissolved by the decree. Therefore, such a marriage is not void under Section 11 of the Act, and the wife cannot be denied maintenance under Section 125 CrPC solely on that ground.
Judgment Excerpts
The short question in this appeal is, whether the Appellant could have been denied maintenance under Section 125 of the Cr.P.C. on the ground that her marriage with the Respondent No.1 was a nullity, just because the marriage had taken place while an appeal filed by the Appellant against a decree of dissolution of marriage with her first husband was still pending.
A careful reading of Sections 5, 11 and 15 makes it amply clear that while Section 5 specifies the conditions on which a marriage may be solemnized between two Hindus, only contravention of some of those conditions render a marriage void.
Procedural History
Appellant married Arvind Chenjee in 1989; divorce decree on 28.06.2005. Appeal filed in August 2006, delay condoned on 13.7.2007, no stay. Appellant married respondent No.1 on 13.12.2014. Appellant filed maintenance application under Section 125 CrPC (M.C. No.152/2015). Family Court dismissed it on 7.8.2017 on ground of nullity. Appellant filed Criminal Revision Case No.2587/2017 in High Court, dismissed on 9.4.2019. Appeal to Supreme Court.
Acts & Sections
- Code of Criminal Procedure, 1973: 125, 397, 401, 239, 482
- Hindu Marriage Act, 1955: 5, 11, 15
- Indian Penal Code, 1860: 406, 498A, 500, 506
- Protection of Women from Domestic Violence Act, 2005:
