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The Supreme Court has observed that a marriage contracted during the pendency of an appeal from a divorce decree is not ab initio void especially when such an appeal is filed after expiry of the period of limitation.Referring to Sections 5, 11 and 15 of the Hindu Marriage Act, 1955, the bench of Justices Indira Banerjee and MR Shah observed that it could never have been the legislative intent that a marriage validly contracted after the divorce and after expiry of the period of limitation to file an appeal from the decree of divorce should rendered void on the filing of a belated appeal
by Sekar Reporter · Published February 21, 2020
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The revision petitioners are directed to deposit the decree amount of Rs.5 lakhs to the credit of the Execution Court in EP No.86 of 2017 in OS No.20 of 2015 on or before 10.01.2023 and on such deposit, the Execution Court can disburse the said compensation decree amount to the respondent-plaintiff on or before 30.01.2023. In the event of failure on the part of the revision petitioners to deposit the decree amount to the respondent on or before 10.01.2023, the Execution Court shall proceed for attachment of the properties as per the order dated 29.09.2022. The order of attachment dated 29.09.2022 is kept in abeyance till 10.01.2023. With the abovesaid directions, the present Civil Revision Petition stands disposed of. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed. The Registry is directed to communicate the copy of this order to the respondent-plaintiff, namely, Mrs.S.Vijayakumari. 23-12-2022 Speaking Order/Non-Speaking Order. Internet : Yes/No. Index: Yes/No. Svn To 1.The Dean, Government Medical College Hospital, Thiruvarur Munsif and Taluk, Thiruvarur District. 2.The District Collector, District Collector Office, Thiruvarur Munsif and Taluk, Thiruvarur District. 3.Mrs.S.Vijayakumari, W/o.Stalin, No.39, Semmangudi, North Street, Semmangudi Post, Nannilam Munsif, Kodavasal Taluk, Thiruvarur District. Note: Registry is directed to issue order copy by today itself. S.M.SUBRAMANIAM, J. Svn CRP SR No.146353 of 2022
by Sekar Reporter · Published December 24, 2022