HINDU MARRIAGE ACT, 1955
Section 15 – Remarriage of Divorced Person
🔹 Short Note (Hindi)
Jab kisi ka divorce legally ho jata hai aur appeal ka time period khatam ho jata hai, tab wo vyakti dobara shaadi kar sakta hai.
Yani jab court ne final divorce de diya ho aur uske khilaf koi appeal pending na ho, to Section 15 ke tahat remarriage allowed hoti hai.
🔹Detailed Explanation (English + Hindi)
Section 15 of the Hindu Marriage Act, 1955 deals with the right of a divorced person to remarry after getting a final decree of divorce.
This section ensures that remarriage should happen only after the divorce decree becomes final and no legal appeal is pending against it.
The purpose is to avoid legal complications where a person remarries while the earlier marriage case is still under appeal.
🔹Main Conditions for Remarriage
- Final Divorce Decree – Divorce must be granted by the court.
- Appeal Period Over – The period for filing an appeal (usually 90 days) should be over.
- No Pending Appeal – If any appeal has been filed, remarriage can happen only after that appeal is decided.
- Freedom to Marry – Once all legal processes are over, both husband and wife are free to remarry anyone they choose.
🔹Legal Meaning (Simple Terms)
Yadi court ne kisi vyakti ko divorce de diya hai aur appeal karne ka samay (90 days) khatam ho gaya hai,
ya fir appeal ki gayi thi lekin usme bhi decision aa gaya hai — tab wo vyakti dubara shaadi kar sakta hai.
🔹Example (Easy Understanding)
Rohit and Priya get divorced by a Family Court on 1st January.
According to law, there is a 90-day appeal period.
If by April no appeal is filed against that judgment, then both are legally free to remarry under Section 15.
But if Priya files an appeal within that time, then Rohit cannot remarry until that appeal is decided by the higher court.
🔹Landmark Case Law
Lila Gupta v. Laxmi Narain (1978) – The Supreme Court held that remarriage during the appeal period is not automatically void, but it is legally improper and can lead to complications.
Hence, remarriage should only happen after appeal period is over or appeal is dismissed.
🔹Nyay Neeti Advice
Remarriage ke liye sabse pehle yeh confirm kar lein ki divorce decree final ho chuki hai.
Kabhi bhi haste mein ya emotional decision le kar remarriage na karein jab tak appeal ka process poora na ho.
Aapko legally safe rehne ke liye court copy aur order confirmation lena zaruri hai.
🔹Summary Table
| Aspect | Explanation |
|---|---|
| Section | 15 of Hindu Marriage Act, 1955 |
| Topic | Remarriage of Divorced Person |
| Who Can Remarry | Either husband or wife after final divorce decree |
| Appeal Time Limit | 90 days (if no appeal filed, remarriage allowed) |
| If Appeal Filed | Wait till appeal is decided |
| Key Case | Lila Gupta v. Laxmi Narain (1978) |
