Liberty to parties to marry again
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Summary
When six months have passed after a High Court order confirming a District Judge’s decree, or six months after any High Court decree dissolving a marriage, and no appeal in the High Court’s appellate jurisdiction is pending (or any such appeal is dismissed or itself results in dissolution), the parties may marry again as if the prior spouse had died. Remarriage is not lawful while an appeal to the Supreme Court has been filed and is pending; it must wait until that appeal is disposed.
Example
Priya and Ravi’s marriage was dissolved by a High Court decree. Six months after the High Court decree have passed and no appeal has been filed to the Supreme Court, Priya is free to marry again as if Ravi had died. If an appeal to the Supreme Court were filed and pending, she would have to wait until it is decided.
Bare Act
Enacted textWhen six months after the date of an order of a High Court confirming the decree for a dissolution of marriage made by a District Judge have expired, or when six months after the date of’ any decree of a high Court dissolving a marriage have expired, and no appeal has been presented against such decree to the High Court in its appellate jurisdiction, or when any such appeal has been dismissed, or when in the result of any such appeal any marriage is declared to be dissolved, but not sooner, it shall be lawful for the respective parties to the marriage to marry again, as if the prior marriage had been dissolved by death:
Provided that no appeal to the Supreme Court has been presented against any such order or decree. When such appeal has been dismissed, or when in the result thereof the marriage is declared to be dissolved, but not sooner, it shall be lawful for the respective parties to the marriage to marry again as if the prior marriage had been dissolved by death.
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