No after the appeal is dismissed both can marry freely if no further appeal or stay is there.
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
you are you are at liberty to remarry after appeal against divorce decree is dismissed and no further appeal is filed by spouse
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.
The High court judgement has been pronounced in my favour( family court had also granted me divorce on my divorce petition).I do not know whether she will file SLP in Supreme Court or not? Sec 15 of HMA does not cover SLP. Can I marry someone before her filing SLP? Under what law of HMA I am forbidden to get re married? I want to know the exact act or rule. What happens if I have remarried and Supreme Court grants special leave to my ex-wife?
- 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.
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.
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.
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.
If it's dismissed you can marry after the appeal period for the SLP that is 30 days if there is no stay
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.
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.
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.
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.
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.
If you get remarried and the supreme court accept the SLP filed by your wife, your subsequent marriage would be deemed void.
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.
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