If a man obtains a divorce from a competent court and marries immediately. His divorced wife, not knowing of his marriage, meanwhile files an appeal within the the period of limitation, then what will be the status of the second marriage. Will it be subject to the outcome of the appeal or simply void?  (As far as I know, there have been some conflicting judgments of the SC on this issue). Any recent judgment on this issue?

SEC 15

Divorced persons when may marry again. When a marriage has been dissolve

d by a decree of divorce an either there is no right of appeal against the d

ecree or, if there is such right of appeal, the time for appealing has expir

ed 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.

So in the above case seccond marraige is void

I do agree with Mr. Srivastav

Marry again after divorce is granted and second marriage is void. Please clarify. Thanks.

ADV PRANJAL ABSOLUTELY PERFECT.

ANIL SIR,

A DIVORCED PERSON HAS THE RIGHT TO MARRY ONLY WHEN THERE IS NO RIGHT TO APPEAL.ONE HAS TO WAIT UPTO THAT PERIOD, OTHERWISE IT IS VOID / VOIDABLE.

Hi,

If the husband get a decree of divorce on 20-3-2011 than the appeal period for 90 days stands to 20-06-2011.

After getting divorce he wait for 3 months and then remarry on 28-06-2011 i.e. after 7 days of crossing the appeal period.

But on 02-06-2011 the 1st wife gone to High Court and submitted an Appeal Petition and also a petition for stay order on the decree of divorce which was admitted/ accepted by the High Court.

The husband after 2nd Marriage gets the notice on 5-07-2011 i.e. after 7 days of 2nd marriage and 15 days from crossing the last date of appeal.

Now question is that: -

1. The husband wait for 90 days from the date of getting a decree of divorce from Family Court than he goes for 2nd marriage but did not get the High Court notice in time. Whether the 2nd marriage is legal or void?

2. Whether the 2nd marriage is a punishable offence for the Husband?

3. and if so, under which Rule/ Act/ Judgments so that the husband could be punished ?

4. or under which Rule/ Act/ Judgments the husband may be exempted form the charges for availing the gap period for 2nd marriage between the last date of appeal and getting a notice from the High Court ?

Pls suggest with Rules, Reference Judgments and Act.

Rajeev Dey, Assam

Though this is an old thread but still has nanswered questions raised by Rajib Dey.

Can any expert answer this? It may help layman like me.

Regsrds,

Heartbroken

2nd marriage can be declared void, if the appeal succeeds.

But as per Hindu marriage act 1955 wait time is ONLY 30 days (Read Section 28(4). From where is this 90 days appeal period coming from. Which Act and which section ?

wheather It applies to all the citizens of India or personal laws (Muslims) are exempted from it ?