vinayak raut 27 December 2021
Advocate Bhartesh goyal (advocate) 27 December 2021
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
Sudhir Kumar, Advocate (Advocate) 28 December 2021
Mere divorce does not extinguish the criminal case.
Bk 28 December 2021
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:
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