The Punjab and Haryana High Court recently sentenced a man to three months’ simple imprisonment and a fine of ₹2,000 for marrying a second time while his first wife's appeal against their divorce was still pending.
Justice Alka Sarin passed the order on a petition filed by the first wife under Contempt of Courts Act, 1971.
The Court rejected the husband’s apology after noting that he had wilfully contravened Section 15 of the Hindu Marriage Act that bars a person from marrying when the divorce granted to him has been appealed against within the limitation period.
“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. The sanctity of rule of law and the brazen breach and non-compliance of the orders passed by this Court cannot be taken lightly,” it observed.
The Court added that the husband’s act and conduct is such that the clock cannot be put back and the damage which has ensued cannot be rectified.
“Virtually, the conduct of respondent-husband has rendered the appeal filed by the petitioner-wife infructuous and the petitioner-wife being remediless. The petitioner-wife and her daughter have even missed out the chance to partake in any reconciliation process,” it opined.
The couple had married in 2012. A family court dissolved their marriage in 2020 on the husband’s petition under Section 13 of Hindu Marriage Act. The wife then challenged the trial court decision before the High Court within the period of limitation. On August 13, 2020, the divorce decree was stayed by a division bench of the High Court.
The husband appeared in the case only in February 2021. He is stated to have contracted a second marriage in January 2021. The wife then filed the present contempt of court petition.
She argued that a High Court division bench has held that the right to appeal under Section 28 of the Hindu Marriage Act is a substantive right of the losing spouse and if any element of that right is defeated by an act of divorce decree holder, then it would constitute wilful disobedience of other process of the court.
In response, the husband conceded that he had married another woman. However, he claimed to have never been served in the divorce appeal. He said that he became aware of the proceedings only when his first wife lodged a criminal case against him.
Considering the submissions, the Court noted that two division benches of the High Court have categorically held that once an appeal is filed within the period of limitation, contracting of a second marriage after that amounts to contravention of Section 15 of the Hindu Marriage Act.
It added that not only was the appeal filed within the prescribed time but husband also “appears to have evaded” the service in the appeal as he remained unserved on the same very address which he had given in divorce petition before the family court.
“Even if the argument of learned counsel for the respondent- husband as regards the fact that respondent-husband was not served in the appeal is to be taken on its face value, he admittedly never made inquiries within the prescribed period of limitation regarding filing of the appeal,” the Court further said.
Accordingly, the Court found the husband guilty of commission of civil contempt and sentenced him to three months’ imprisonment and fine. The husband has been ordered to surrender before the Chief Judicial Magistrate, Yamunanagar at Jagadhri within 15 days from November 27.
Advocate GC Shahpuri represented the wife.
Advocate Saket Bhandari represented the husband.