In Brief
The Supreme Court held that a second marriage solemnized during the pendency of an appeal against a divorce decree is not void if an unconditional application to withdraw that appeal was filed before the marriage. The Court ruled that withdrawal is effective upon filing the application, not upon formal court order. Since the appellant had filed a withdrawal application before marrying, his former spouse ceased to be a 'living spouse' under Section 5(i) of the Hindu Marriage Act on the date of the second marriage. Applying purposive interpretation, the Court held that the statutory restriction on remarriage in Section 15 does not apply when parties have settled and decided to cease contesting the divorce.
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