Supreme Court of India
Mr. Anurag Mittal v. Mrs. Shaily Mishra Mittal
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
2 Supreme Court benches have cited this judgment.
What the Court ordered
We are of the opinion that the restriction placed on a second marriage in Section 15 of the Act till the dismissal of an appeal would not apply to a case where parties have settled and decided not to pursue the appeal.
Judgment, page 16
From the headnote
Hindu Marriage Act, 1955 – s. 15 and 5(i) – Divorced persons, when may marry again – Marriage between the appellant and the respondent during the pendency of the appeal against the decree of divorce – Marriage was entered into after application for withdrawal of appeal, though before the order of withdrawal was passed – Validity of the second marriage – Held: Section 15 provides that the second marriage by either party shall be lawful only after dismissal of an appeal against the decree of divorce, if filed – In case an appeal is presented, any marriage before dismissal of the appeal shall…
Authorities it was built on
- 2015 Shailesh Dhairyawan v. Mohan Balkrishna Lulla
- 1970 Commissioner of Income-tax, Calcutta v. Kokila Debi
- 1996 Smt. Parayankandiyal Era Vath Kanapravan Kalliani Amma and Ors. v. K. Devi and Ors.
- 1963 Bijayananda Patnaik v. Satrughna Sahu and Others
- 2000 K.S. Bhoopathy and Ors. v. Kokilaand Ors.
- 1978 Lila Gupta v. Laxmi Narain & Ors.
- 1975 Shiv Prasad v. Durga Prasad & Anr.
- 2011 Revanasiddappa and Anr. v. Mallikarjun and Ors.
- 1964 Deputy Custodian, Evacuee Property, New Delhi and Others v. Official Receiver of the Estate of Daulat Ram Surana, Delhi
Where later benches applied it
- 2021 The High Court of Judicature at Madras Rep. by its Registrar General v. M.C. Subramaniam and Ors.
- 2020 Krishnaveni Rai v. Pankaj Rai & Anr.
Of those, 1 relied on · 1 referred to
Sign in free to read it
- The full judgment, page by page, as published in the Supreme Court Reports
- The ratio: what the Court held, verbatim, with the page it sits on
- Every bench that relied on it, and every bench that argued against it
- Search every reported judgment, by party, citation or question
- Download the PDF, copy pinpoint citations ready for a filing
An email address, no password.