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…
Choose your answer
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?
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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