Ahmedabad: The Gujarat high court summoned a man to explain why he remarried within days of securing a divorce, cautioning that failure to justify the move could result in a stay on the divorce decree granted by the family court.The court was hearing an appeal filed by the wife against an order passed by the Ahmedabad family court on Jan 20, 2025, allowing the husband’s plea for divorce. She informed the high court that the man entered into a second marriage on Jan 27, barely one week after the decree.The wife argued that the remarriage violated Section 15 of the Hindu Marriage Act, which bars a divorced person from remarrying within 90 days — the statutory period available for filing an appeal. She contended that the husband remarried “only with a view to nullify the present proceedings and disregarding the provision of Section 15.”Opposing the appeal, the husband, who is a police head constable, maintained that the family court granted him divorce on grounds of cruelty and desertion. He claimed cruelty was established as the wife allegedly remained engrossed in watching television and ignored him, and later left the matrimonial home.During the hearing, the HC bench asked the woman whether she was still willing to resume matrimonial life. She replied in the affirmative. Her counsel submitted that mediation efforts were initiated, but the husband walked out, expressing unwillingness to settle the dispute or pay any maintenance.After the preliminary hearing, the HC said, “The haste shown is against the provision of Section 15 of the Act of 1955, inasmuch as it provides that any second marriage entered into within the period of 90 days would be unlawful.” The court summoned the man on Feb 18 “to explain as to what weighed with him while entering into a second marriage on Jan 27, 2025. If the respondent fails to justify, the possibilities of staying the judgment of the family court shall not be ruled out.”
