Supreme Court of India · 2018-08-24
MR. ANURAG MITTAL vs MRS. SHAILY MISHRA MITTAL
- Citation / case number
- SC 2016/27478
- Court
- Supreme Court of India
- Petitioner
- MR. ANURAG MITTAL
- Respondent
- MRS. SHAILY MISHRA MITTAL
- Author
- HON'BLE MR. JUSTICE L. NAGESWARA RAO
- Bench
- HON'BLE MR. JUSTICE L. NAGESWARA RAO HON'BLE THE CHIEF JUSTICE
Judgment text excerpt
The Supreme Court addressed the legal implications of a marriage conducted during the pendency of an appeal against a divorce decree. It held that the dismissal of the appeal for withdrawal relates back to the date of filing, thus validating the divorce decree dated 31.08.2009 under Section 13(1)(i)(a) of the Hindu Marriage Act, 1955. Consequently, the marriage between the Appellant and the Respondent on 06.12.2011 was declared null and void as it contravened Section 5(i) and Section 11 of the Act, which prohibits marriage during the pendency of divorce proceedings.