Section 15 in The Hindu Marriage Act 1955
When can a divorced person remarry?
Section 15 in The Hindu Marriage Act 1955 deals with the time when a divorced individual can remarry. The conditions as set out are when the marriage has been dissolved and there is no right to appeal like in case of dissolution of marriage by Mutual consent or even if there is a right of appeal but the time period to file an appeal has expired or when the appeal is dismissed .
Section 494 IPC
Section 494 of the Indian Penal Code, 1860 is clear on the point that if anyone who has a husband or wife living contracts a marriage during the subsistance of the first marriage then in such case the second marriage is void and shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine and therefore there is a relation between the provisions of section 194 IPC and Section 15 in The Hindu Marriage Act 1955. This has relation with Section 15 in The Hindu Marriage Act 1955 because unless one is divorced and all rights of appeal is exhausted divorced person cannot remarry.
Essential ingredients must be established as laid down in S. NAGALINGAM V/S SIVAGAMI (2001) 7 SCC 487
The first marriage must have been contracted by the accused and also during the subsistence of second marriage the accused has contacted a second marriage and that both the marriages are valid and both marriages must be valid. Section 7 of the Hindu Marriage Act 1955 deals with the conditions for a valid marriage.
Conclusion
It is therefore essential that first a marriage should have been contracted in accordance with law and secondly only after a divorce is obtained and no further appeal is preferred or dismissed can one divorced person remarry other than the exception of a mutual consent divorce wherein immediately after the dissolution of marriage under section 13B either can remarry.
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You may also contact Advocate Tapan Choudhury at 9873628941 for any information regarding the same
