Gujarat High Court Demands Explanation for Hasty Remarriage After Divorce
The Gujarat High Court has taken a stern stance in a contentious matrimonial case, summoning a man to explain his decision to remarry merely days after securing a divorce. The court issued a clear warning that failure to provide a satisfactory justification could lead to a stay on the divorce decree granted by the Ahmedabad family court.
Wife's Appeal Highlights Alleged Violation of Legal Provisions
The case came before the High Court through an appeal filed by the wife against the family court's order dated January 20, 2025, which had allowed the husband's plea for divorce. In her appeal, the wife brought to light a critical development: the husband entered into a second marriage on January 27, 2025, just one week after the divorce decree was issued.
She argued forcefully that this remarriage blatantly violates Section 15 of the Hindu Marriage Act, 1955. This provision explicitly bars a divorced person from remarrying within 90 days—a statutory period designed to allow for the filing of appeals. Her counsel contended that the husband's actions were calculated, stating he remarried "only with a view to nullify the present proceedings and disregarding the provision of Section 15."
Husband's Defense and Allegations of Cruelty
Opposing the appeal, the husband, who serves as a police head constable, defended the family court's decision. He maintained that the divorce was granted on solid grounds of cruelty and desertion. According to his claims, cruelty was established as the wife was allegedly "engrossed in watching television and ignored him," subsequently leaving the matrimonial home without justification.
Court's Inquiry and Mediation Efforts
During the hearing, the High Court bench posed a direct question to the woman, asking if she was still willing to resume matrimonial life. She responded affirmatively, indicating a desire for reconciliation. Her counsel further submitted that mediation efforts had been initiated in an attempt to resolve the dispute amicably. However, these efforts proved futile as the husband walked out, expressing an unwillingness to settle the matter or provide any maintenance.
High Court's Observations and Summons
After the preliminary hearing, the High Court made significant observations regarding the case. The bench stated, "The haste shown is against the provision of Section 15 of the Act of 1955, inasmuch as it provides that any second marriage entered into within the period of 90 days would be unlawful."
Consequently, the court has summoned the man to appear on February 18, 2025. He is required to explain what weighed with him while entering into a second marriage on January 27, 2025. The court emphasized that if the respondent fails to justify his actions, the possibilities of staying the judgment of the family court shall not be ruled out. This move underscores the judiciary's commitment to upholding legal procedures and preventing potential misuse of divorce decrees.
