Remarriage

* The rule and the implications of Indian law state that 'Either party to the marriage can marry again only if a valid decree or an order of divorce is obtained or granted from the appropriate matrimonial forum under the statutory provisions of the matrimonial laws'. Even after the matrimonial forum grants the decree of divorce both the parties have to wait till the time of appeal period is expired. Remarriage of divorced person under section 30 of the Special Marriage Act and section 15 of the Hindu Marriage Act provides that either party whose marriage has been dissolved by a decree of divorce may marry again only after the decree granting divorce and where there is right of appeal, only after the expiration of the period of the appeal period. * The law relating to a second marriage is provided under Section 15 of the Hindu Marriage Act, 1955: “Divorced persons when may marry again. When a marriage has been dissolved by a decree of divorce and 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.” * After the filing of the divorce petition the Court grants a minimum period of six months (and maximum 18 months) for the parties in order to have a reconciliation, if any, and on the date fixed for hearing, if the parties still insist for a divorce, the court will take evidence and pronounce the judgment dissolving the marriage by a decree of divorce. As for the re-marriage after divorce, Section 15 of the Hindu Marriage Act, 1955, provides that after a decree of divorce has been granted, in case there is no right of appeal against the decree or if there is a right, that the time limit to prefer an appeal has expired without the appeal being preferred or presented, it shall be lawful for either party to marry again. The period of appeal as provided under Section 28 of the Hindu Marriage Act is 30 days from the date of the decree or order