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vinayak raut   27 December 2021

Eligibility to remarry after divorce

The boy has received the divorce decree from Maharashtra court two years back.

The girl is form Chhattisgarh and has filed dowry and domestic violence's case in her state. This case is still ongoing for past 10 years.

Is the boy legally eligible to remarry in this situation?
Is the divorce decree from a district court in Maharashtra valid in district court of Chhattisgarh?


Learning

 6 Replies

Advocate Bhartesh goyal (advocate)     27 December 2021

( 1 ) After getting decree of divorce, boy is free to remarry.
( 2 ) Yes, decree passed by Maharastra court is valid all over India.

Anaita Vas   27 December 2021

The reversal of a divorce decree is explicitly specified in Indian Divorce Act 1869. According to it, the decree of separation can be reversed during the absence of a husband or wife. 

There are some cases in which a final divorce decree can be reversed, but this depends on the specifics. Most of the time, the final divorce decree is just that: final. Typically, one or both parties want the divorce to stay final, so it wouldn’t be fair if the divorce could easily be undone. However, there are occasional reasons why someone might want to reverse the final decision.

In general, there is no easy way to revoke the divorce degree but if any of the spouses filed the divorce petition earlier, then the other party can go to the court and possess the right to challenge accordingly. A statement can be issued if both spouses want to live together. With immediate effect, the High Court would dismiss the divorce decree and may allow the appeal.

Thus, at this point, the boy cannot remarry.

 

Regards,

Anaita Vas

Bk   28 December 2021

divorce and dowry cases are different, if he got decree from any court itnis valid across India and incase if she filed for appeal within 30 days of decree and he got notice from HC then he has to wait till verdict else he can marry

Sudhir Kumar, Advocate (Advocate)     28 December 2021

Mere divorce does not extinguish the criminal case.

Bk   28 December 2021

498a entirely different case but u can use the proofs used in divorce case.. is that a contested or expartied case?

Anaita Vas   28 December 2021

Since you haven't mentioned if you both are Hindus or not, I'll also talk about Section 15 of the Hindu Marriage Act

Section 15 of the Hindu Marriage Act lays down conditions on when divorced persons may remarry. The conditions specifically mentioned are as follows:

  1. When there is no right of appeal against the divorce decree or,
  2. If there is a right of appeal, the time for appealing has expired without an appeal having been presented, or
  3. 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 Act provides that it shall be lawful for either party to marry again after dissolution of a marriage if there is no right of appeal against the decree. A second marriage by either party shall be lawful only after dismissal of an appeal against the decree of divorce, if filed. If there is no right of appeal, the decree of divorce remains final and that either party to the marriage is free to marry again. In case an appeal is presented, any marriage before dismissal of the appeal shall not be lawful. The object of the provision is to provide protection to the person who has filed an appeal against the decree of dissolution of marriage and to ensure that the said appeal is not frustrated. The purpose of Section 15 of the Act is to avert complications that would arise due to a second marriage during the pendency of the appeal, in case the decree of dissolution of marriage is reversed. The protection that is afforded by Section 15 is primarily to a person who is contesting the decree of divorce.

 

Regards,

Anaita Vas


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