Right of appeal

bhuvi garg (Querist) 13 March 2012 This query is : Resolved

15. Divorced persons when may marry again. When a marriage has
been dissolved by a decree of divorce an either there is no right of
appeal against the decree or, if there is such 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.
kindly explain me what is that situation when there is no right of appeal?

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Adv.R.P.Chugh (Expert) 13 March 2012
Divorce by mutual consent

bhuvi garg (Querist) 13 March 2012
i think one more case is there i.e void marriages.

Adv.R.P.Chugh (Expert) 14 March 2012
No - An appeal can always be filed with respect to that, and though the same is not covered under the term 'divorced' as mentioned in S.15, however since the same is appealable u/s 28 HMA. Hence during the period of appeal - a person who has got his marriage declared void also cannot marry again.

bhuvi garg (Querist) 14 March 2012
much obliged with ur answer and promtness.

Shonee Kapoor (Expert) 14 March 2012
appeal can be filed both in MCD as well as Void marriage cases.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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