In Brief
Anurag Mittal married a second time while an appeal against his divorce decree was pending. His former spouse had obtained a divorce decree on 31 August 2009, but he appealed. After settlement, he filed a withdrawal application on 28 November 2011 and married again on 6 December 2011. The formal dismissal order came on 20 December 2011. The question was whether the second marriage was void. The Supreme Court held that withdrawal of an appeal is effective from the date the withdrawal application is filed, not the formal order. Therefore, when he filed the withdrawal application, his former wife ceased to be a 'living spouse', and the subsequent marriage was valid, not void.
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