RAJNI PATEL Vs. MOHAN PATEL

JUDGEMENT

(1.) Appellant has preferred this appeal under Sec. 19 of the Family Courts Act, 1984 read with Sec. 28 of the Hindu Marriage Act, 1955 challenging judgment and decree dtd. 24/6/2022 passed in RCS H.M. No.921/2019 by Principal Judge, Family Court, Jabalpur. By said judgment and decree, marriage between appellant and respondent was dissolved.

(2.) Learned counsel appearing for appellant, during course of arguments, submitted that respondent had performed second marriage on 28/10/2022. Judgment and decree was passed on 24/6/2022 and appeal was filed before this Court on 6/12/2022. There is delay of 130 days in filing of Appeal before this Court. Bar to remarry under Sec. 15 of Hindu Marriage Act, 1955 is applicable, if appeal is filed within the period of limitation. In this case appeal is filed after delay of 130 days from the date of judgment and decree. Bar under Sec. 15 of Hindu Marriage Act, 1955 is not operating against respondent. Remarriage done by respondent is valid.

(3.) Apex Court in case of Krishnaveni Rai Vs. Pankaj Rai & Another, (2020) 11 SCC 253 held in Para 32 and 33 as under :