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Second marriage not void during pendency of appeal against divorce

The apex court's verdict came as it set aside Delhi High Court's August 2016 judgement which had declared as null and void the second marriage of a man during pendency of his appeal against divorce

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The Supreme Court has held that the second marriage of a person during the pendency of an appeal against a divorce decree would not be void in cases where the parties have decided not to pursue the appeal.

A bench of Justices S A Bobde and L N Rao, while interpreting section 15 of the Hindu Marriage Act dealing with the issue of marriage by divorced persons, said the restriction placed on second marriage till the dismissal of an appeal would not apply in cases were the parties have arrived at a settlement and decided not to go ahead with the appeal.

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