Delhi HC trashes man`s plea against re-marriage of former spouse
An attempt by a man to challenge the re-marriage of his former spouse, with whom he had settled the matrimonial dispute, has been thwarted by the Delhi High Court which termed his act as "deplorable" and an attempt to ruin her happily married life.
New Delhi: An attempt by a man to challenge the re-marriage of his former spouse, with whom he had settled the matrimonial dispute, has been thwarted by the Delhi High Court which termed his act as "deplorable" and an attempt to ruin her happily married life.
"His conduct is so deplorable that even now he wishes to destroy the remaining life of the respondent (ex-wife) who is now leading a happily married life with her husband.
"The objection raised by him about the alleged illegality of the other marriage that the respondent entered into despite an appeal period available to him is without any force in view of the admission made by him in the amicable settlement," Justice Manmohan Singh said while dismissing his plea.
The court said the marriage between the man and his ex-wife had been annulled on the date they amicably decided to part ways and a "mere formality" to get the decree for annulment of marriage was left.
It condoned the "omission" of the woman to re-marry before the period of appeal, available to her first husband, expired.
"As a matter of fact, on the date of execution of amicable settlement, the marriage had become annulled and mere formalities had remained to obtain a decree on the basis of the said settlement.
"In view of the peculiar facts and circumstances of the present case and in the interest of justice of saving the second marriage of the respondent, this court is inclined to condone the omission committed by the respondent...," it said.
The court noted the man had admitted the annulment of marriage in a criminal proceeding initiated against him by his the then wife in order to obtain bail and now he can`t change his stand.
"This court is of the considered view that once he has made admission of his guilt in the amicable settlement and has also taken benefit of the same in criminal proceedings, all his subsequent protests is an afterthought," it said.
The couple`s marriage was annulled by an amicable settlement after the woman had lodged an FIR alleging that she was not in her senses when they had got married as she had been drugged by the man and his sister.