[Hindu Marriage Act] Bar Against Remarriage Not Applicable If Delay In Filing Matrimonial Appeal Is Not Satisfactorily Explained: Gauhati HC

The Gauhati High Court rejected an Interlocutory Application seeking condonation of a 122-day delay in filing a matrimonial appeal against an ex-parte divorce decree. Justice Parthiv Jyoti Saikia cited Section 15 of the Hindu Marriage Act, noting the applicant's failure to timely appeal. \r

The applicant cited COVID-19-related travel restrictions as cause for delay, caring for her son and elderly parents. However, the respondent remarried within the permissible timeframe post-decree. The court referenced the Supreme Court's judgment in Krishnaveni Rai v. Pankaj Rai, clarifying that Section 15 bars remarriage only if an appeal is timely filed. \r

Finding the delay inadequately justified, the court dismissed the application.