The Supreme Court has clarified that a second marriage is
valid even if divorce proceedings of the first marriage are pending in court,
provided that both parties from the first marriage have amicably parted and
have decided not to contest the decision. The Supreme Court has said that the
"incapacity to marriage" as mentioned under section 15 of the Hindu
Marriage Act would not lead to nullity of second marriage, when both parties
have settled or decided not to pursue the appeal. The Supreme Court made this
ruling while setting aside a Delhi High Court order which declared a man's
marriage during the pendency of his appeal against a decree of divorce as void.
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TIMES OF INDIA NEWSPAPER
SAKSHI NEWSPAPER
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