Response

In the case of a decree, both parties are granted a 90-day opportunity to appeal from the date of the divorce decision, and if no appeal is filed during this time, either party is permitted to remarry after the appeal period expires.

However, in the event of mutual consent divorce, there is no such restriction on remarrying after the divorce because the divorce has already been granted on the basis of both parties’ agreement, and therefore the subject of subsequent appeal does not arise.

After the divorce is granted, any of the divorced parties can remarry at any time.

In any situation, if one of the parties files an appeal and it is approved, the opposing party is barred from remarrying until the appeal process is completed.

Exparte divorce can be nullified, and an application for a chance of justification can be filed in court.

The absent party can provide a reasonable excuse for missing the date.

In that situation, the court may vacate the Exparte divorce order, allowing the matter to be reopened.

If the opposing party obtains an injunction from an appropriate court to prevent the second marriage between the time of ex parte divorce and the period of remarriage, the other party cannot remarry after obtaining divorce.

If a party remarries after an ex parte divorce judgement and the opposing party obtains an injunction from the competent court to prevent the second marriage, the second marriage will be regarded legal.

Reference: Section 15 in The Hindu Marriage Act, 1955
15 Divorced persons when may marry again. —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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LAWAYZ-2023-274