Remarriage and has one kid too post 3 months of divorce decree

921 votes

While the Supreme Court has the power to reverse a High Court divorce decree, it is highly unlikely to do so when the divorce was based on cruelty, significant time (2 years) has passed, and a second marriage has taken place resulting in a child. After 90 days of the High Court decree, if no stay was issued, the divorce is considered effective and final, allowing for remarriage. The Supreme Court often considers subsequent events like remarriage and the birth of a child when deciding the finality of the matrimonial relationship, as the existence of a new family is strong evidence that the first marriage has broken down irretrievably. informing the Court about his remarriage and the birth of his child, arguing that reversing the divorce decree would cause extreme, irreparable hardship to an innocent new wife and child. Any delay by the ex-wife in filing the SLP should be highlighted, and the new wife can file an intervention application to protect her marital status. The Supreme Court clarified in Anurag Mittal v. Shaily Mishra Mittal (2018) that a second marriage is not void if solemnized after the initial decree and before a stay was issued, and children born of such marriages are protected under Section 16 of the Hindu Marriage Act. child's existence is a major factor favoring your brother.

Advocate Neha Gupta LawRato