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.

Section 15 of the Hindu Marriage Act, 1955 deals with the right of divorced persons to remarry. It explains when a person whose marriage has been dissolved by a court decree can legally enter into a new marriage. The provision is important because a divorce decree may still be challenged before an appellate court.

Under Section 15, either party may remarry when there is no right of appeal against the divorce decree, the prescribed time for filing an appeal has expired without an appeal being filed, or an appeal has been filed and subsequently dismissed.

Why Is Section 15 Important?

The main purpose of Section 15 is to protect the legal rights of both parties after divorce. A person should not assume that remarriage is automatically permissible immediately after receiving a divorce decree. The status of any appeal, the applicable limitation period and any court order restricting remarriage must be carefully checked.

Important Judgments on Section 15

1. Anurag Mittal v. Shaily Mishra Mittal (2018)

The Supreme Court examined the restriction on remarriage under Section 15 and clarified that its application depends on the circumstances, including whether the parties intended to pursue an appeal. The Court also discussed the legal consequences of remarriage in breach of the statutory restriction.

2. Tejinder Kaur v. Gurmit Singh (1988)

The Supreme Court considered remarriage following a High Court decision dismissing a divorce appeal. It held that the successful party could not defeat the other party’s opportunity to approach the Supreme Court by remarrying immediately.

3. Lata Kamat v. Vilas (1989)

The Supreme Court discussed the operation of Section 15 and the circumstances in which remarriage is permitted following a decree affecting marital status.

Conclusion

Section 15 of the Hindu Marriage Act, 1955 provides a legal framework for remarriage after divorce. Before entering into a second marriage, individuals should verify the appeal status, limitation period and any relevant court orders to avoid unnecessary legal disputes.