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HMA, 1955
Start Practicing
HMAChapter IVSection 15
Section15

Divorced persons when may marry again

AI Assist

Summary

When a marriage is ended by a divorce decree, either party may marry again once the decree is finally settled: that is, if there is no right of appeal, the time for appealing has expired without an appeal, or any appeal has been dismissed. The consequence is that once no appeal remains, both spouses are free to remarry.

Example

Priya and Arjun get a divorce decree from the court. Neither side files an appeal within the allowed period. Priya is therefore free to marry again.

Bare Act

Enacted text

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.

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IV

Chapter IV

Nullity of Marriage and Divorce

In this chapter

  • 11Void marriages
  • 12Voidable marriages
  • 13Divorce
  • 13AAlternate relief in divorce proceedings
  • 13BDivorce by mutual consent
  • 14No petition for divorce to be presented within one year of marriage
  • 15Divorced persons when may marry again
  • 16Legitimacy of children of void and voidable marriages
  • 17Punishment of bigamy
  • 18Punishment for contravention of certain other conditions for a Hindu marriage
Previous · Section 14No petition for divorce to be presented within one year of marriageNext · Section 16Legitimacy of children of void and voidable marriages