SLP against divorce decree in Supreme Court .

738 votes

Since your sister has already filed an SLP before the Supreme Court, the matter will be decided on merits irrespective of the fact that your brother-in-law has remarried. If the SC finds substance in your sister’s grounds, it has the power to set aside the High Court decree. However, since your brother-in-law has already remarried and even has a child, the Court will also take into account the consequences of disturbing the second marriage. Generally, courts lean towards protecting the rights of innocent second spouse and child, and may be reluctant to unsettle the new marriage, though they can still modify or remand the case depending on facts. The outcome will depend on the strength of your sister’s case in proving cruelty and whether the delay in filing is condoned. It is important that vacations of SC didn't stopped you to filed the petition, it's your lawyer fault that he didn't know this.

Advocate Adarsh Kumar LawRato

687 votes

Hi, I have gone through your query in detail. We need to go into detail of your SLP and plan a strategy to bring you maximum benefits. Currently, I can assure you to get maximum monthly maintenance/enhanced alimony to you, which can't resolve your existing problem but can provide you immediate benefit. Further, we can read more facts and discuss accordingly.

Advocate Vishali Verma LawRato

644 votes

The fact that your sister filed an SLP against the divorce decree is important – once an appeal/SLP is filed, the matter is still sub judice and the divorce is not yet final in the eyes of law. Your brother-in-law’s remarriage within 90 days of the decree is hit by Section 15 of the Hindu Marriage Act, which prohibits remarriage until the expiry of the appeal period. This point can be strongly pressed in your favour. At the same time, the Supreme Court has wide discretion. While it can technically set aside the decree of divorce if cruelty was not proved, it will also consider that the respondent has now remarried and has a child. Courts often balance strict law with equity so as not to disturb the second marriage and the welfare of the child. In such cases, relief is moulded – your sister may still succeed in setting aside findings of cruelty and can claim permanent alimony, maintenance, or other equitable reliefs, even if restoration of marital status is practically difficult. The delay in filing due to summer vacation is a justifiable ground and can be condoned under the Limitation Act. The key is to focus on: (1) challenging the correctness of the cruelty finding, (2) showing that the second marriage was contracted illegally during the appeal period, and (3) pressing for alternative reliefs if the Court declines to unsettle the new family arrangement. In short, the SLP is very much maintainable, but the Supreme Court may mould the relief to protect both your sister’s legal rights and the welfare of the child born from the second marriage.

Dr Ajay Kumar Pandey LawRato

595 votes

I am sure the delay must be much more than 90 days since you are mentioning that a child is also born. Your sister has to decide in this case whether she is ready for a settlement or not. You may reach out to me for a detailed discussion

Advocate Bhawani Gupta LawRato

742 votes

when the SLP was listed did you get stay in the matter? it will be really great if you can share the SLP and order copy. The facts needs to be examined well before reaching to a conclusion or suggestions

Advocate Ujjwal Ashutosh LawRato