• Remarriage after divorce

Is it forbidden for a husband or wife to get married again after an appeal against the decree of divorce is dismissed by high court.
If yes what section
Asked 6 years ago in Family Law
Religion: Hindu

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17 Answers

No after the appeal is dismissed both can marry freely if no further appeal or stay is there. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

you are you are at liberty to remarry after appeal against divorce decree is dismissed and no further appeal is filed by spouse 

Ajay Sethi
Advocate, Mumbai
99888 Answers
8153 Consultations

After dismissal of appeal by high court if no appeal or SLP is made to supreme court within 90 days then either party can remarry.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

- As per the Hindu Marriage Act ,  a husband or wife can marry again , only after the dismissal of an Appeal filed by either of the parties.

- Further, as per the Supreme Court, if any of the party get marry during the pendency of the Appeal , the marriage would not be illegal /void.

- Hence, after the dismissal of the appeal against the decree of divorce , you people are free to marriage as per your wish, even you both can marry with each other once again. 

 

Good luck and dont forget to rating Positively.

Mohammed Shahzad
Advocate, Delhi
15836 Answers
242 Consultations

You have to wait for another 90 days.

Anybody can file SLP in supreme court. It is court to decide whether to grant it or not.

If you marry in between and court grants SLP or accepts the appeal and decision gone in favour of opposite party, then subsequent marriage shall be void.

It is advisable to wait for another 90 days.

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

Section 15 of HMA

 

the object of the provision is to provide protection to the person who has filed an appeal against the decree of dissolution of marriage and to ensure that the said appeal is not frustrated. The purpose of Section 15 of the Act is to avert complications that would arise due to a second marriage during the pendency of the appeal, in case the decree of dissolution of marriage is reversed. The protection that is afforded by Section 15 is primarily to a person who is contesting the decree of divorce.

 

3) the Supreme Court, however, clarified that second marriage would not be void if solemnised during the pendency of appeal.

Ajay Sethi
Advocate, Mumbai
99888 Answers
8153 Consultations

 

Our constitution gives us some right and filing SLP is one of them.  If high court does not give permission to appeal in supreme court then every affected litigant can exercise this right of SLP.  SLP stands for special leave petition. If divorced decree is reversed by Supreme Court then automatically second marriage if done shall stand void. 

Now further know the full law.  Subsequent marriage during pendency of any appeal and/or SLP proceeding before high court or Supreme Court shall not be treated as invalid only if both parties have mutually agreed that they will not pursue the appeal or SLP proceedings. And this shall be informed to the court for record. 

Now rest is your decision. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

If it's dismissed you can marry after the appeal period for the SLP that is 30 days if there is no stay

 

Prashant Nayak
Advocate, Mumbai
34599 Answers
249 Consultations

you can marry after 90 days from the date of divorce decree provided there is no appeal filed by the opposite party at high court. please note that it is not sufficient if merely an appeal is filed, but a stay should also be granted by high court. 

Mohammed Mujeeb
Advocate, Hyderabad
19350 Answers
32 Consultations

You can marry once the mandatory period is completed.  

Even if SC grants leave to your ex-wife, it will not have bearing on your marriage, since two courts granted decree in your favour.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

Dear Sir,

In law there is no specific bar within that particular period you can not marry because here divorce is taken place at the consent of the both the parties so question of appeal does not arise. 3. ... So, you can marry on the next day after getting Decree of Divorce.But it is better after 90 days appeal period.

Even after getting divorce decree, one needs to wait till time for filing appeal passes and the decree is not challenged in a Higher court till that time.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

After 90 days of granting divorce by family, can remarry, if no stay from HC. Free to marry before she get stay from SC. During pendency of appeal and no stay from SC, marriage is valid.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

You can get married, after 30 days of dismissal of the appeal filed by your wife in High Court as the limitation to file SLP is 30 days.

There is no specific provision regarding this in HMA. 

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

If you get remarried and the supreme court accept the  SLP filed by your wife, your subsequent marriage would be deemed void.

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

You cannot marry again till the time of appeal period.

If you marry during the pendency of appeal period then court can set aside the second marriage if appeal is allowed in Supreme Court.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

After divorce, the husband or wife are entitled to remarry provided ther is no appeal filed by either of them within the appellable period.

Now since this appeal is also dismissed, there is no legal infirmity in remarriage 

T Kalaiselvan
Advocate, Vellore
90090 Answers
2502 Consultations

Since there is no provision for further appeal, you can very well go ahead with your proposed remarriage.

The SLP is not binding on this decision.

 

T Kalaiselvan
Advocate, Vellore
90090 Answers
2502 Consultations

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