When can a Hindu Remarry After Divorce: Section 15 of the Hindu Marriage Act

According to Section 15 of the Hindu Marriage Act of 1955, 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.

Before 1976, there was a clause in Section 15 that stated that after a divorce order, the parties involved had to wait one year before entering into another marriage. In 1976, this provision was removed. As a result, this waiting time does not apply. However, the parties must wait until the period for appealing has elapsed or the appeal, if brought, has been dismissed.

Object of Section 15 of the Hindu Marriage Act

The Court also stated that the purpose of the provision is to protect the person who has filed an appeal in opposition to the order of marriage dissolution and to ensure that the aforesaid appeal is not aggravated. In the event that the divorce decision is overturned, Section 15 of the Act aims to prevent issues brought on by a second marriage during the appeal process. Section 15 protection is primarily intended for those who are contesting a divorce order.

Decree of Divorce

Both parties have 90 days from the date of the divorce decree to file an appeal, and if no appeal is filed during this time, either party becomes eligible to remarry once the appeal period expires.

Remarriage not Lawful When Appeal Pending

The law provides that if a marriage is dissolved, either partner may marry again if there is no right of appeal against the divorce judgment.

If an appeal is filed, remarriage by either party is only legal once the appeal against the divorce order is dismissed. It is unlawful for a party to remarry while an appeal is pending.

The purpose of Section 15 of the act is to guarantee that when a party in a divorce case files an appeal against the decision of dissolution of marriage, the appeal is not invalidated by the act of early remarriage. The provision is intended to avoid unnecessary complications caused by a second marriage while the appeal is pending. It safeguards the interests of the person opposing the divorce decision in the event that the decree is reversed on appeal.

No Prohibition in Mutually Consented Divorce

The prohibition on a second marriage under Section 15 of the legislation, however, would not apply to the parties to a mutually agreed-upon divorce.

Any of the divorced spouses in such a marriage is free to remarry on any day after the divorce is granted. This is because such a divorce order is not appealable under the law, and the trial court's divorce judgment is thus final.

Post-Divorce Marriage Cannot be Termed Void

The Supreme Court (SC) decided in Mr. Anurag Mittal v. Mrs. Shaily Mishra Mittal [2018] 9 SCC 691 that a marriage formed during the pendency of an appeal from a divorce decision is not void ab initio where such an appeal is brought after the term of limitation has expired. That is, if the appeal is filed late, the other party will be entitled to remarry since the restriction on remarriage will be lifted at the conclusion of the appeal period.

Similarly, the Bombay High Court recently held that Section 15 of the statute allows remarriage only after the dismissal of an appeal, but because there is no repercussion for violating the provision, remarriage during the pendency of an appeal cannot be deemed unlawful. A post-divorce marriage cannot also be regarded as an act of contempt of court.

Tejinder Kaur vs. Gurminder Singh, AIR 1988 SC 839; 2SCC 90

In this case, the trial court granted the husband's petition for divorce based on cruelty. The wife's appeal was denied by the High Court. Within a month, the husband marries another woman. The divorced wife petitioned the Supreme Court for special leave under Section 136 of the Indian Constitution. Because he had remarried, the husband argued that the petition had become infructuous and should be rejected. This argument was rejected by the Supreme Court. The husband must wait to see if the special leave petition will be submitted within the 90-day period specified by the law of limitations. If it is filed, he must wait until the Supreme Court rules on it. Otherwise, take a chance that the wife's divorce decree will be overturned by the Supreme Court.

Conclusion

Divorce was not accepted, and it was assumed that a wife would have to adjust and compromise. However, with the passage of the Hindu Marriage Act of 1955, the notion of divorce and therefore the essential provisions to meet the demands of a changing society were progressively created. Therefore, continuing in an abusive marriage is a restriction of important fundamental rights, including the right to a peaceful existence and the freedom of speech and expression, among others. Therefore, the only thing that can be expected of the populace is that they respect the law and human sentiments like love, loyalty, trust, and compassion rather than abusing the authority that the law has granted them.

FAQs

Q1. What is under Section 15 of the Hindu Marriage Act?

Ans. Section 15 of the Act states that it is legal for any partner to marry again after a divorce if there is no right of appeal against the ruling. A second marriage by either spouse is legal only when an appeal against the divorce judgment, if filed, is dismissed or if not filed, then lapsed.

Q2. What is the procedure for remarrying after divorce?

Ans. There is no such obligation under Hindu law. Following legal ceremonies and traditions and ensuring that such a marriage is a lawful marriage under the Hindu Marriage Act, you can marry the same person after having divorced. When you marry, the divorce decree becomes null and void.

Q3. When can a divorced person marry again?

Ans. Provided, however, that it shall be unlawful for the individual parties to marry again until at least one year has passed from the date of the decree in the court of first instance at the time of such marriage.