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Author Topic: Second Marriage after divorce when wife has appealed in High Court  (Read 6043 times)

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Offline Ashok Arya

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According to Hindu Marriage Act 1955 section 15 : Divorced people when to marry again - When a marriage has been dissolved by a degree of divorce an either there is no right of appeal against the decree or, if there is such right of appeal, the time for appealing has expired without an appeal having been presented, or an appeal has been presented but has been dismissed is shall be lawful for either partt to marry again.

According to Marriage Law Ammendment Act 1976 Section 15 of Hindu Marriage Act were ommitted.

Now is it legal to marry again soon after divorce or not legally permitted to marry again soon after divorce as per Hindu Marriage Act 1955 of section 15.

Most people get divorce from lower courts and loosing party approaches High Court and appeal is admitted and herd. If there is no stay on divorce decree can winning party marry again. Or the individuals have to wait for remarriage till finalisation of the first appeal.

This question is answered in many websites differently. Some legal advisers say according to hindu marriage act 1955 of section 15 second marriage cannot be done immidiately after divorce or till finalisation of appeal admitted at higher court on divorce decree and higher court may cancell the decree.

Very few but some legal advisers have remarked both parties are free to marry soon after divorce.

Question is what is current and latest information on divorced people when to marry again.

Even after divorce granted by lower court and on pending first appeal at higher court marriage permission is not granted even if there is no stay on divorce decree as it is presumed that divorce decree challanged at higher court may be diluted.

Point is its a a very difficult to get a divorce and after divorce if a loosing party appraches higher court and appeal is admitted and marriage right is given then its a ongoing process as the case may be taken up till supreme court and age of a person goes rising and valuable time is wasted and individual get frustrated.

If one party is in intention to create trouble loosing party may keep approaching higher court and winning party may not be allowed to marry after divorce as the loosing party has appealed at higher court.

There should be solution to the problem. Is there any written law weather or weather or not can a winning candidate go for second marriage soon after divorce or has to wait untill clearance of first appeal at higher court.

Offline adv.amarnath

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Re: Second Marriage after divorce when wife has appealed in High Court
« Reply #1 on: March 22, 2016, 07:12:01 PM »
After getting contested divorce decree from a court then the party who got decree can re-marry after waiting for appeal period or three months from the date of passing decree. Prior to that 2nd marriage will be challenged.

Amarnath Sanyal
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Offline rajgopal sripathi

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Re: Second Marriage after divorce when wife has appealed in High Court
« Reply #2 on: March 22, 2016, 09:14:54 PM »
There are many supreme court decisions on your query

Section 15 of the Hindu Marriage Act which in terms states that when a marriage is dissolved by a decree of divorce and there is no right of appeal against the decree or where there is such a right, the time for filing an appeal has expired or an appeal has been presented and has been dismissed, it shall be lawful for either party to the marriage to remarry.
Case laws:
A) Lata kamat v vilas AIR 1989 SC 1477
B) Prakash chand Sharma vs Vimlesh - 1995 supp (4) supreme court cases 642

Hope this helps.
Rajgopal Sripathi


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