Nagpur: The Nagpur bench of Bombay high court has held that a second marriage during pendency of divorce appeal isn’t a contempt of court.
“Second marriage performed by the husband in contravention of Section 15 of the Hindu Marriage Act, 1955, wouldn’t fall within the purview of clause (b) of Section 2 of the Contempt of Courts Act, 1971. Therefore, it can’t be held that he committed a ‘civil contempt’,” justice Anil Kilor ruled.
Rejecting a contempt plea by a woman from Akola, the judge clarified that the Hindu Marriage Act allows a person to remarry only after any appeal against a decree of divorce has been dismissed.
“From various Supreme Court judgments, it’s clear that having not been provided consequences in respect of marriage performed in contravention of the Hindu Marriage Act, it can’t be said that such marriage would be void. At the same time, no provision for punishment is provided in the same Act for contravention,” he said.
“I am of the considered view that performing a second marriage during pendency of appeal would be a contravention or a breach of prohibition stipulated under Hindu Marriage Act. But in any case, it wouldn’t amount to disobedience of any court’s command. Consequently, such act wouldn’t fall within ambit of the expression ‘wilful disobedience of other process of a court’ under the Contempt Act,” Justice Kilor added.
The husband had filed a divorce case against the petitioner wife under the Hindu Marriage Act following differences in their marriage solemnized on December 28, 2003. He cited grounds of cruelty and desertion, which was opposed by her. The Akola court dismissed his petition on October 29, 2009, holding that he failed to prove cruelty and desertion.
The husband, a teacher, then challenged this verdict in the civil appeal, where he was granted divorce. The wife then filed a second appeal challenging the divorce in high court, which was pending. However, the 40-year-old man entered into wedlock for the second time, which the wife challenged in HC. She contended that it was in contravention of Section 15 of the Hindu Marriage Act, which is a wilful disobedience of ‘other process of a Court’ as provided by Section 2(b) of the Contempt Act.
“I am of the considered view that the expression ‘wilful disobedience of process of a court used under Contempt Act, must also be related to disobedience of some command issued by the court that includes various stages between filing of any proceeding and final decision,” justice Kilor said.
WHAT HC SAID
* Hindu Marriage Act allows person to remarry only after any appeal against divorce is dismissed
* No consequences regarding contravention due to remarriage during pendency is provided in Act
* No provision for punishment is provided in same Act for contravention
* It can’t be said that such marriage would be void
* Remarriage during pendency wouldn’t amount to disobedience of any court’s command
* It doesn’t fall under ‘wilful disobedience of other process of a court’ under Contempt Act