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Five days after a trial court annuls A’s marriage under section 12 of the Hindu Marriage Act, 1955, A…

In Lata Kamat v Vilas, the Supreme Court read sections 15 and 28 together and applied the remarriage restriction to an annulment decree. A spouse’s early remarriage cannot…

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Five days after a trial court annuls A’s marriage under section 12 of the Hindu Marriage Act, 1955, A remarries while an appeal as of right can still be filed. No appeal has been dismissed. What is the effect on the former spouse’s right to appeal the annulment?

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Answer and explanation

Correct answer C

In Lata Kamat v Vilas, the Supreme Court read sections 15 and 28 together and applied the remarriage restriction to an annulment decree. A spouse’s early remarriage cannot defeat the other party’s right to bring a timely appeal against the annulment.

Option feedback

Option A

A spouse cannot defeat the statutory appeal right through an early remarriage.

Option B

Section 28 creates an appeal right independently of A’s consent.

Option C

Reading sections 15 and 28 together, a remarriage before expiry of the appeal period does not make a timely annulment appeal infructuous.

Option D

The new spouse’s consent is immaterial to the former spouse’s statutory appeal.

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