Section 15 Hindu Marriage Act 1955 – Divorced persons when may marry again
By Vkeel Team
Description
“Section 15 Hindu Marriage Act 1955”
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.
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Legal Implications of the Section 15 Hindu Marriage Act 1955 for Divorced Persons Seeking to Remarry
Section 15 Hindu Marriage Act 1955 of the Act deals with the legal implications of divorce and remarriage for Hindus. According to this section, a divorced person who wishes to remarry must wait for a period of one year from the date of the divorce before they can do so. This is to ensure that the divorced person has had sufficient time to reflect on the decision to remarry and to ensure that the marriage is not entered into hastily.
The Act also states that if the divorced person has not remarried within the one-year period, they may apply to the court for an exemption from the waiting period. The court may grant an exemption if it is satisfied that there are sufficient grounds for doing so. Such grounds may include the fact that the divorced person has been living separately from their former spouse for a period of at least three years prior to the divorce, or that the divorced person has been deserted by their former spouse for a period of at least three years prior to the divorce.
In addition, the Act states that if the divorced person has remarried within the one-year period, they may apply to the court for an annulment of the marriage. The court may grant an annulment if it is satisfied that the marriage was entered into without due consideration or that the marriage was entered into without the free consent of either party.
The Hindu Marriage Act 1955 is an important law that provides legal protection to Hindus who wish to remarry after a divorce. It ensures that divorced persons are given sufficient time to reflect on their decision to remarry and that any remarriage is entered into with due consideration and free consent. It also provides a legal remedy for those who have remarried within the one-year period, allowing them to apply for an annulment of the marriage.
1. Proviso omitted by Act 68 of 1976, s.10 (w.e.f. 27-5-1976).
Description Source: indiacode
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