Code:
“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.”
Explanation: section 15 – hindu marriage act
This section of the Hindu Marriage Act clarifies the conditions under which a divorced person can remarry. It states that a divorced person can remarry only after the divorce decree becomes final. This means that the divorced person can remarry after all avenues of appeal have been exhausted or the time for appealing has passed without an appeal being filed.
Illustration: Section 15 – hindu marriage act
Suppose a couple gets divorced, and the decree of divorce is granted. The husband appeals the decree. The appeal is dismissed by the court. In this case, the divorce decree is final, and both the husband and wife can remarry.
Common Questions and Answers:
Q: Can a divorced person remarry before the divorce decree becomes final?
A: No, a divorced person cannot remarry until the divorce decree becomes final.
Q: What happens if a divorced person remarries before the divorce decree becomes final?
A: The second marriage will be considered invalid.
Q: How long does it take for a divorce decree to become final?
A: The time for the divorce decree to become final depends on whether there is an appeal and the outcome of the appeal.
Conclusion
Section 15 of the Hindu Marriage Act ensures that a divorced person can remarry only after the divorce decree has attained finality—either because no appeal was filed within the prescribed period or any appeal filed has been dismissed. This provision safeguards against legal disputes that may arise from premature remarriage and upholds the sanctity of court decisions. By setting a definitive point at which a divorced individual may lawfully remarry, Section 15 balances personal liberty with judicial process and ensures clarity and legal security for all parties involved.
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