Kerala High Court: Second Marriage Valid If Divorce Decree Not Challenged Within Appeal Period

Kerala High Court: Second Marriage Valid If Divorce Decree Not Challenged Within Appeal Period

The Kerala High Court has held that a second marriage is valid even if solemnised during the appeal period of a divorce decree, so long as the decree remains unchallenged by the former spouse.

A division bench of Justice Devan Ramachandran and Justice M.B. Snehalatha made the ruling in Rakhi v. Krishnakumar and Ors., dismissing a petition by a man who sought to invalidate his wife’s second marriage.

The Court observed that the wife’s first marriage had already been dissolved by decree, and since it was not appealed, no ground remained to question the validity of the subsequent marriage.

[Rakhi v. Krishnakumar and Ors.]

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