On 27th march 2023 Bombay High Court pronounced the dismissal of the application filed by the Applicant-wife (Respondent in Appeal) in the case of Akash Kanwarlal Kamal V/s Himani Akash Kamal.
Recently, the division bench embracing Justice R.D. Dhanuka and Justice M.M. Sathaye, was hearing an application filed by a woman who was seeking cancellation / annulment of an appeal which was filled by her estranged husband, against the divorce decree.
The woman claims to have remarried after the divorce decree, while the husband argues that she has gotten married in a haste and even applied for their son’s passport without his knowledge or agreement, the husband also claimed that the wife had malicious intentions of not letting him meet his son and hence she immediately applied for the child’s passport. He additionally submitted that the court forbade his wife to take their son over-seas and granted a stay on the divorce decree.
The woman submitted that she got married to a German national of Indian origin and was oblivious of her estranged husband’s appeal, she stated that the appeal papers reached her three days after she had gotten married. Further she apprised the court of the state of the marriage with her former husband, for which she said that the marriage was incorrigible and there was no way to repair the bond, she and her former husband had been living separately for more than 10 years now and hence the stay on the divorce orders should be cancelled and the appeal filed by her estranged husband should be dismissed.
The court referred to section 15 of The Hindu Marriage Act, that prohibits married people from re-marrying while an appeal in contradiction to the divorce is pending or if it has been less than one year from the time the family court passed the divorce order. Section 19 gives the liberty of 90 days to file an appeal to the spouse who is resentful of the order.
The court observed that the remarriage of the wife was not valid as per the provisions of the act since she did not wait for the limitation period to get over before marrying again.
The bench dismissed the application filed by the wife and the appeal filed by the husband has been put on pending.
THIS ARTICLE IS WRITTEN BY PRANJAL JHA, AMITY LAW SCHOOL NOIDA, AN INTERN UNDER LEGAL VIDHIYA
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