MARRIAGE AFTER DIVORCE

1) Introduction – 

         Divorce is a process by which the marriage is dissolved. After the dissolution of marriage, the parties revert to their unmarried status and are free to marry again. Section 13 of the Hindu Marriage Act, 1955 deals with Divorce.

2) Meaning of Divorce – 

       Divorce means putting an end to the marriage party dissolution of marital relations. The parties can no longer be husband and wife.  After the dissolution of marriage, the parties revert to their unmarried status and are free to marry again. Section 13 of the Hindu Marriage Act, 1955 deals with Divorce.

3) Divorced persons when may marry again

Section 15 of the Hindu Marriage Act 1955 says that 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 provision to Section 15 under that provision for proviso after a divorce decree the parties concerned had to wait for 1 year before entering into another marriage. This proviso was omitted in 1976. So this waiting period does not apply. However the parties have to wait until the time for appealing has expired or appeal, if presented, has been dismissed.

4) Relevant Case Law 

   
Tejinder Kaur Vs. Gurminder Singh AIR 1988 SC 839 : 2SCC 90

In this case, the petition for divorce by the husband on the ground of cruelty succeeded in the Trial Court. The High Court dismissed the wife’s appeal. Then within a month, the husband remarried another woman. The divorced wife filed a special leave petition in the Supreme Court under Section 136 of the Indian Constitution. The husband raised a preliminary point that the petition has become infructuous and should be dismissed because he had already remarried. The supreme court rejected this contention. The husband has to wait and see whether special leave petition will be filed within 90 days as provided by the law of limitation. If it is filed, He has to wait until it is disposed of by the Supreme Court. Otherwise, take a risk for the wife succeeds in the Supreme Court Decree of divorce may be set aside

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