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Author Topic: Divorce person when to marry again  (Read 403 times)

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Offline Ashok Arya

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Divorce person when to marry again
« on: March 10, 2016, 03:14:42 AM »
 Divorced person when to remarry :

Section 15 of the Hindu Marriage Act, 1955, provides that after a decree of divorce has been granted, in case there is no right of appeal against the decree or if there is a right, the time has expired without an appeal having been presented or if the appeal filed has been dismissed, it shall be lawful for either party to marry again. The period of appeal as provided under Section 28 of the Hindu Marriage Act is 30 days from the date of the decree or order.
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With respect to Ammendment Act 1976 of hindu marriage , provisions mentioned in Hindu Marriage Act 1950 of section 15 are ommitted.

If so after divorce both parties could marrry. Question is why is Hindu Marriage act 1950 srction 15 is reffered if its ommitted in 1976 of ammendment act.

What are the latest rules on divorced people when to marry again.
After divorce if husband wins and gets divorce decree and wife approached high court and appeals and the appeal is herd and admitted but no stay order is issued on divorce decree. Hearing is going on on appeal for seven months after divorce. Can the husband go for second marriage or second marriage would be void. Or can the divorce decree be declared void after hearing at a later stage.

If so divorce granted does not hold good if wife approaches at high court and further supreme court thus not allowing husband to remarry and remain confined in legal issues.

Please guide on the issue

Offline advshelly

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Re: Divorce person when to marry again
« Reply #1 on: March 14, 2016, 07:57:35 AM »
seek clarification from the court in which the matter is pending
Advocate Shelly is a Top Notch Learned Council

Offline rajgopal sripathi

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Re: Divorce person when to marry again
« Reply #2 on: March 14, 2016, 10:37:48 AM »
Hi
As per old Hindu marriage act,U/S 15 of HMA  the persons who got the decree had to wait for 1 year before remarriage

this was changed in 1976 which now reads as follows:
15 Divorced persons when may marry again. —When a marriage has been dissolved by a decree of divorce and either there is no right of appeal against the decree or, if there is such a 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, it shall be lawful for either party to the marriage to marry again.
Hope this answers your query
Rajgopal Sripathi
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email:rajgopal@legalwin.in

Offline rajgopal sripathi

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Re: Divorce person when to marry again
« Reply #3 on: March 14, 2016, 10:41:11 AM »
Hi
As per old Hindu marriage act,U/S 15 of HMA  the persons who got the decree had to wait for 1 year before remarriage

this was changed in 1976 which now reads as follows:
15 Divorced persons when may marry again. —When a marriage has been dissolved by a decree of divorce and either there is no right of appeal against the decree or, if there is such a 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, it shall be lawful for either party to the marriage to marry again.
Hope this answers your query
Rajgopal Sripathi
Mobile:9704772200
email:rajgopal@legalwin.in

 

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