The Madras High Court has observed that the right to marry is a human right and restrictions on this right have to be strictly interpreted. The Court suggested amendments to Section 15 of the Hindu Marriage Act, 1955, so that a pending appeal against a divorce decree does not indefinitely prevent a divorced person from getting remarried.

The observation was made by a Division Bench of Justices GR Swaminathan and MD Sumathi while hearing an appeal in the matter of Muthukumar Vs Lekha.

The Court stated that merely filing an appeal against a divorce decree within the limitation period should not allow one spouse to prevent the other spouse from moving ahead with life for several years.

Madras High Court Suggests Amendment in Section 15 of Hindu Marriage Act

The Bench observed that Section 15 of the Hindu Marriage Act, 1955 requires reconsideration because the existing provision may create difficulties when appeals against divorce decrees remain pending for long periods.

The Court suggested that an appellant challenging a divorce decree should not only file an appeal but should also obtain an interim stay of the divorce decree within a fixed period after filing the appeal.

Existing Conditions Under Section 15 of Hindu Marriage Act

At present, Section 15 allows divorced persons to enter into another marriage when there is no right of appeal against the divorce decree, when the appeal period has expired without filing an appeal, or when an appeal has been filed and dismissed.

The provision means that filing an appeal against a divorce decree may prevent remarriage until the appeal is decided, even if the proceedings continue for many years.

Court Observes Delay in Appeals Creates Difficulties

The Bench observed that several years may pass before matrimonial appeals are finally decided. According to the Court, keeping a person's right to remarry dependent on the outcome of such appeals may create an unfair situation.

The Court stated that social circumstances have changed significantly and legal provisions must also be reconsidered according to changing social realities.

Issue Regarding Second Marriage During Pending Appeal

The case involved a family court decree granting divorce to a couple on grounds of cruelty and desertion. During the pendency of the appeal, the woman entered into another marriage.

The Court noted that there was no interim stay against the divorce decree passed by the family court.

While examining the validity of the second marriage, the Bench noted that Section 15 of the Hindu Marriage Act does not clearly state whether a marriage performed in violation of the provision becomes void or voidable.

Reliance on Supreme Court Judgment in Lila Gupta Case

The Court referred to the Supreme Court judgment in Lila Gupta v. Laxmi Narain [(1987) 2 SCC 368], where it was held that a marriage performed in such circumstances is neither void nor voidable.

The Madras High Court stated that it found no reason to depart from the Supreme Court's ruling and observed that a valid second marriage should not remain uncertain due to a pending appeal.

Dismissal of Appeal for Default and Effect on Remarriage

The Bench also interpreted the term "dismissed" under Section 15 of the Hindu Marriage Act to include dismissal of an appeal for default or non-prosecution.

The Court observed that once an appeal is dismissed for default, the restriction on remarriage under Section 15 comes to an end.

Questioning Spouse's Character Amounts to Cruelty

While dismissing the appeal, the Court also held that questioning the character or loyalty of a spouse may amount to cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955.

The Bench observed that such allegations may constitute cruelty whether made directly or through indirect suggestions and insinuations.

Case Outcome

The Madras High Court dismissed the appeal and upheld the divorce decree granted by the family court.