Punjab & Haryana High Court Jails Husband for Remarrying During Pendency of First Wife’s Divorce Appeal
Court Says Second Marriage Violates Section 15 of Hindu Marriage Act When Divorce Appeal Is Pending
Judgment Reinforces Rule of Law and Protects Rights of First Wife in Matrimonial Disputes
By Our Legal Reporter
New Delhi: December 05, 2025:
In a landmark ruling, the Punjab and Haryana High Court have sentenced a man to three months’ simple imprisonment and imposed a fine of ₹2,000 for contracting a second marriage while his first wife’s appeal against their divorce was still pending. The judgment, delivered by Justice Alka Sarin, underscores the importance of respecting judicial orders and highlights the consequences of violating matrimonial laws in India.
Background of the Case
The husband had obtained a divorce decree from a family court. However, his first wife challenged the decree by filing an appeal before the High Court. The division bench of the High Court stayed the family court’s divorce order, meaning the marriage legally remained intact until the appeal was decided.
Despite this stay, the husband remarried. His first wife then filed a contempt petition under the Contempt of Courts Act, 1971, arguing that the second marriage violated the stay order and Section 15 of the Hindu Marriage Act, 1955, which prohibits remarriage until appeals against divorce decrees are resolved.
Court’s Observations
Justice Alka Sarin made several key observations:
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- Violation of Section 15: The husband’s act of remarrying during the pendency of the appeal was a clear violation of Section 15 of the Hindu Marriage Act.
- Civil Contempt: By ignoring the stay order, the husband committed civil contempt of court.
- Irreversible Damage: The Court noted that the husband’s conduct had rendered the wife’s appeal “virtually infructuous,” as the second marriage had already taken place.
- Rejection of Apology: The husband’s apology was rejected, with the Court emphasizing that the sanctity of the rule of law must be upheld.
Justice Sarin observed: “The conduct of the respondent-husband in contracting a second marriage after filing of the appeal by the petitioner-wife within the prescribed period of limitation and a stay having been granted therein, amounts to civil contempt and accordingly he is held guilty for commission of the same.”
Legal Context
- Section 15 of the Hindu Marriage Act, 1955: Prohibits remarriage until the time for filing an appeal against a divorce decree has expired, or if an appeal has been filed, until it is dismissed.
- Contempt of Courts Act, 1971: Provides punishment for acts that disobey or disrespect court orders.
- Judicial Precedent: Courts have consistently held that remarriage during pendency of divorce appeals undermines the judicial process and violates matrimonial law.
Implications of the Ruling
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- For Matrimonial Law: The ruling reinforces that divorce decrees are not final until appeals are resolved.
- For Litigants: Parties must respect judicial orders and avoid actions that could amount to contempt.
- For Society: The judgment protects the rights of spouses, ensuring that appeals are meaningful and not rendered futile by premature remarriage.
- For Rule of Law: It sends a strong message that violations of court orders will attract punishment, even in personal matters.
Expert Reactions
Legal experts have welcomed the ruling:
- Family Law Specialists: “This judgment strengthens the rights of women in matrimonial disputes and ensures appeals are not undermined.”
- Constitutional Lawyers: “The Court has rightly emphasized that the sanctity of judicial orders must be respected.”
- Social Activists: “The ruling protects vulnerable spouses from being sidelined while appeals are pending.”
Human Angle
The case highlights the emotional and social complexities of matrimonial disputes. For the first wife, the second marriage not only violated her rights but also undermined her chance at reconciliation. The Court noted that both the wife and her daughter missed out on opportunities for reconciliation due to the husband’s conduct.
Conclusion
The Punjab and Haryana High Court’s ruling is a landmark in matrimonial jurisprudence. By sentencing the husband to jail for remarrying during the pendency of his first wife’s divorce appeal, the Court has reinforced the principle that justice cannot be bypassed by personal actions.
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This judgment serves as a reminder that marriage laws must be respected, appeals must be given due weight, and contempt of court will not be tolerated.
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