The Punjab and Haryana High Court has delivered a significant verdict, sentencing a man to three months of simple imprisonment for committing civil contempt. The case centered on the man's decision to remarry while his former wife's legal appeal against their divorce decree was still pending before the court.
Court's Stern Stand on Undermining Judicial Process
In an order passed on Thursday, Justice Alka Sarin held that the conduct of the man, Gurdeep Singh, was a clear violation of a stay order on the divorce decree. More importantly, the court stated that his actions struck at the very heart of family law's core objective: to preserve marriages and facilitate reconciliation.
Gurdeep Singh and Rani were married on December 9, 2012, in Bilaspur, Yamunanagar, and have a daughter together. Singh had obtained a divorce decree on March 2, 2020, under Section 13 of the Hindu Marriage Act. However, Rani filed an appeal against this decree on March 12, 2020, well within the permissible 90-day limitation period. The appeal was formally admitted by the court on June 15, 2020, and a stay on the operation of the divorce decree was granted on August 13, 2020.
Despite this clear legal stay, Singh proceeded to enter into a second marriage on January 3, 2021—approximately five months after the court's order. This act formed the basis of the contempt proceedings initiated by his ex-wife, Rani.
Legal Arguments and the Court's Reasoning
In her contempt petition filed under Section 12 of the Contempt of Courts Act, Rani alleged that Singh's remarriage was a deliberate act of wilful disobedience. She argued it not only undermined her statutory right to pursue an appeal but also destroyed any remaining possibility of reconciliation between them.
Her counsel, G.C. Shahpuri, strongly relied on Section 15 of the Hindu Marriage Act. This section explicitly prohibits a divorced person from remarrying until the period for filing an appeal has expired, or if an appeal has been filed, until it is dismissed. Shahpuri cited the pivotal 2008 Division Bench ruling in Jasbir Kaur vs Kuljit Singh, which established that the right to appeal is a substantive right. Any act by the decree-holder that defeats an element of this right constitutes wilful disobedience of the court's process.
Singh's defense, presented by counsel Saket Bhandari, rested primarily on the claim of lack of knowledge. He argued that Singh was never formally served notice of the appeal due to alleged lapses at his given address in Pooja Vihar, Ambala Cantt, and only became aware of it after Rani filed an FIR in February 2021. His legal team contended that contempt proceedings cannot be sustained without proven knowledge of the court's order.
Justice Sarin's Decisive Rejection of Defense
Justice Alka Sarin unequivocally rejected the husband's arguments. The court noted that the appeal was filed in a timely manner, the stay was legally operative, and Singh had previously been served court documents at the same address. This suggested a pattern of evasion rather than genuine lack of notice.
The judgment heavily referenced the Supreme Court's recent ruling in N. Rajendran vs S. Valli (2025), which reinforced the intent behind Section 15. The apex court clarified that the provision places a time limit on the right to challenge a decree, and a second marriage solemnized in contravention of this mandate is illegal.
The court also dismissed Singh's so-called "unqualified apology," finding it neither unqualified nor sincere, as he continued to contest his actions instead of expressing genuine remorse.
Irreparable Damage and the Final Sentence
In determining the sentence, Justice Sarin emphasized the "irreparable damage" caused by Singh's actions. The court stated that the damage to Rani's right of appeal and the complete elimination of any chance for reconciliation was beyond repair. "The clock cannot be put back," the judgment observed.
Consequently, the court sentenced Gurdeep Singh to three months of simple imprisonment and imposed a fine of Rs 2,000. He has been directed to surrender before the Chief Judicial Magistrate in Yamunanagar at Jagadhri within 15 days from the date of the order. This ruling sends a powerful message about the sanctity of judicial process and the legal restrictions surrounding remarriage after divorce.
