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Section 15: Divorced persons when may marry again

Hindu Marriage Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1955
Section 14 All 30 Sections of Hindu Marriage Act Section 16

Legal Commentary & Landmark Judgments: Section 15

Section 15 regulates the lawful right of divorced persons to remarry following a decree of dissolution, prescribing strict waiting periods linked to the expiration of the statutory limitation for appeal or the dismissal of an appeal.

  • Dissolution Pre-Condition: Applies exclusively where a marriage has been dissolved by a decree of divorce and either there is no right of appeal against the decree, or the time for appealing has expired without an appeal being presented.
  • Appellate Pendency Bar: If an appeal has been presented within limitation, the right to remarry remains suspended until that appeal is heard, adjudicated, and dismissed.
  • 2003 Procedural Realignment: The erstwhile one-year statutory waiting period following divorce was eliminated by the Marriage Laws (Amendment) Act, 1976; remarriage is permitted immediately upon expiry of the 90-day appeal period under Section 28.
Key Landmark Precedents:
  • Lila Gupta v. Laxmi Narain (1978) 3 SCC 258: The Supreme Court held that a marriage contracted in violation of Section 15 (before the expiry of the appeal period) is not void ab initio, nor does it render the children of such marriage illegitimate, although it is an irregular act subject to the outcome of the appeal.
  • Tejinder Kaur v. Gurmit Singh (1988) 2 SCC 90: The Supreme Court ruled that a spouse who obtains an ex-parte decree of divorce cannot defeat the opposite spouse's statutory right to appeal or seek setting aside under Order IX Rule 13 CPC by hastily remarrying within the limitation period.
Courtroom Practice & Strategic Litigation Guidance:

Never advise a client to remarry immediately after an ex-parte decree of divorce. Wait until the full 90-day limitation period under Section 28(4) has expired, plus verify with the filing counter of the appellate High Court or District Court that no appeal or application under Order IX Rule 13 CPC has been lodged.

Section 14 All 30 Sections of Hindu Marriage Act Section 16