Section 15 of the Hindu Marriage Act, 1955, allows either party to a marriage that has been legally dissolved by a decree of divorce to remarry, under certain conditions.
Conditions for Remarriage:
- Decree of Divorce: The marriage must have been dissolved by a decree of divorce, either by mutual consent or by a court order.
- No Right of Appeal: If the decree of divorce has been passed, and there is no right of appeal available, or if the time allowed for appealing has passed, then the dissolution is final, and the parties are free to remarry.
- Appeal Dismissed: If an appeal has been filed against the divorce decree but the appeal has been dismissed, the divorce decree becomes final, enabling the parties to remarry.
Implications:
- This section ensures that once a divorce has become final (either because no appeal was filed or the appeal was unsuccessful), the parties are free to enter into a new marriage.
- The law prevents a person from being in a marital relationship with someone while the divorce decree is still under appeal, thereby offering clarity on remarriage rights.
- It aims to protect the individual freedom of the parties after their marriage has legally ended, ensuring that they are not left in a state of marital limbo.
Purpose
Section 15 recognizes that once a marriage has been legally terminated, the parties should not be bound to remain unmarried indefinitely. It provides a clear legal framework for remarriage after the dissolution of the marriage, promoting the well-being and independence of individuals post-divorce.
