Madhya Pradesh High Court

Smt. Sunita Diwakar vs Rajesh Pal Diwakar on 1 April, 2025

                                                              1                                    FA-392-2023
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                        FA No. 392 of 2023
                                         (SMT. SUNITA DIWAKAR Vs RAJESH PAL DIWAKAR AND OTHERS )



                           Dated : 01-04-2025
                                 Shri Shailendra Verma - Advocate for the appellant.
                                 Shri Rajas Pohankar - Advocate for the respondent.

IA No.5679 of 2023 ;

This is an application on behalf of the respondent seeking vacation of the interim order 20.02.2023, whereby the impugned judgment and decree

dated 28.01.2023 was stayed.

Respondent had filed an application seeking divorce from the petitioner which was allowed by judgment dated 28.01.2023. Subject appeal was filed on 13.02.2023 and as per the calculation of limitation period, appeal has been filed within time.

Reference may be had to Section 15 of the Hindu Marriage Act, 1955 which reads as under :

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.

In view of the mandatory provisions of Section 15 no party can solemnize a second marriage after grant of decree of divorce inter alia if an appeal has been preferred within the period of limitation.

2 FA-392-2023 Since the subject appeal has been preferred within the period of limitation, in terms Section 15 respondent cannot solemnize a second marriage during pendency of second appeal.

Consequently, stay order granted on 28.02.2023 cannot be vacated, the application is accordingly dismissed.

FA No. 392 of 2023;

List for final disposal at motion stage in week commencing 05.05.2025.

Parties shall be personally present in court on the said date.

(SANJEEV SACHDEVA) (VINAY SARAF) JUDGE JUDGE Akm