Section 15: When Can Divorced Persons Marry Again?
Section 15 of the Hindu Marriage Act, 1955 determines when a person whose marriage has been dissolved by a decree of divorce may legally marry again. The key question is not simply whether a divorce decree has been issued, but whether the statutory appeal conditions have been satisfied.
Section 15: Statutory provision
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 a 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.
This is the operative provision. A former proviso was omitted by section 10 of the Marriage Laws (Amendment) Act, 1976 (Act 68 of 1976), with effect from 27 May 1976. The current section does not impose the former separate one-year remarriage restriction.
When is remarriage permitted?
- No right of appeal: Where the divorce decree cannot be appealed, the statutory condition concerning appeals is satisfied.
- Appeal period expired: Where an appeal is available, the period for filing it must have passed without an appeal being presented.
- Appeal dismissed: If an appeal against the divorce decree has been filed, remarriage is permitted after that appeal is dismissed, subject to any operative order of a competent court.
A decree for judicial separation does not dissolve the marriage. Section 15 therefore does not permit remarriage merely because spouses are living separately or have obtained judicial separation.
Appeal period under Section 28
Section 28(4) of the Hindu Marriage Act ordinarily prescribes 90 days for an appeal from a decree or order under that section. This is distinct from the date of the decree becoming operative and from any case-specific stay, delay-condonation application or pending appeal. Before remarriage, parties should verify the applicable appeal status and any court orders. The relevant appellate forum and procedural rules depend on the court and the case.
In Anurag Mittal v. Shaily Mishra Mittal (2018), the Supreme Court discussed the effect of remarriage following a divorce decree and the appeal-related restriction under Section 15. Questions about the validity of a subsequent marriage depend on the particular facts and applicable judgments; Section 15 should not be read as an automatic declaration that every marriage performed in breach of its timing rule is void.
Remarriage after mutual consent divorce
A decree of divorce granted under Section 13B dissolves the marriage. The parties should nevertheless assess Section 15, the possibility and status of any appeal, and any operative judicial orders before marrying again. The six-month period discussed under Section 13B concerns the mutual-consent divorce procedure, not an additional remarriage waiting period imposed by Section 15.
Divorce decree versus separation
| Situation | May a party remarry? |
|---|---|
| Living separately without a divorce decree | No; the marriage continues. |
| Judicial separation under Section 10 | No; judicial separation does not dissolve the marriage. |
| Divorce decree with appeal time still running | Wait until the Section 15 conditions are satisfied. |
| Divorce decree, appeal filed and pending | Wait for disposal of the appeal and consider court orders. |
| Divorce decree, no appeal lies or appeal time expired without filing, or appeal dismissed | Generally permitted under Section 15, subject to other legal requirements. |
Practical steps before remarriage
- Obtain a certified copy of the final divorce decree and check its terms.
- Confirm whether an appeal is maintainable, whether the applicable period has elapsed and whether any appeal or stay is pending.
- Check any orders in connected proceedings, including matters concerning maintenance or children, which may continue after divorce.
- Comply with the legal conditions and solemnisation or registration requirements for the proposed new marriage.
Related provisions and official resources
India Code: Hindu Marriage Act, 1955 provides the central legislation. Relevant provisions include Section 13 (divorce), Section 13B (mutual consent), Section 14 (restriction on early divorce petitions), Section 15 (remarriage) and Section 28 (appeals). The Supreme Court of India website provides access to court resources and judgments.
Frequently asked questions
Can a divorced person remarry immediately after the decree?
Not necessarily. Section 15 requires attention to whether an appeal lies, whether the appeal period has expired without an appeal, or whether a filed appeal has been dismissed.
Is there a compulsory one-year waiting period after divorce?
No. The former proviso to Section 15 was omitted in 1976. The present rule is tied to the decree and appeal conditions, not a general one-year post-divorce waiting period.
Can a person remarry after judicial separation?
No. Judicial separation does not terminate the marriage. A decree dissolving the marriage is required before Section 15 can apply.
Does the 90-day appeal period apply in every situation?
Section 28(4) generally provides 90 days for appeals under the Hindu Marriage Act, but case-specific procedural issues and court orders must be checked.
This article is general legal information, not case-specific legal advice. Statutory provisions, procedural rules and court orders should be verified before acting.