In Brief
A woman who remarried during the pendency of her appeal against her first divorce sought maintenance from her second husband. The High Court denied maintenance on grounds the second marriage was void because it occurred while her appeal from the first divorce was pending. The Supreme Court allowed her appeal, holding that a second marriage during pendency of a divorce appeal is not automatically void absent a court order staying the decree or restraining remarriage. Section 15 of the Hindu Marriage Act provides protection only if an appeal is filed within the limitation period. Here, the appeal was filed after limitation expired. The Court remitted the maintenance application for determination and ordered interim monthly maintenance of Rs. 20,000.
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