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august 2018

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.

MR. ANURAG MITTAL vs MRS. SHAILY MISHRA MITTAL · Niyam