1) Introduction -
Divorce is a process by which the marriage is dissolved. After the dissolution of marriage, the parties revert to their unmarried status and are free to marry again. Section 13 of the Hindu Marriage Act, 1955 deals with Divorce.
2) Meaning of Divorce -
Divorce means putting an end to the marriage party dissolution of marital relations. The parties can no longer be husband and wife. After the dissolution of marriage, the parties revert to their unmarried status and are free to marry again. Section 13 of the Hindu Marriage Act, 1955 deals with Divorce.
3) Divorced persons when may marry again
Section 15 of the Hindu Marriage Act 1955 says that 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.
Before 1976 there was a provision to Section 15 under that provision for proviso after a divorce decree the parties concerned had to wait for 1 year before entering into another marriage. This proviso was omitted in 1976. So this waiting period does not apply. However the parties have to wait until the time for appealing has expired or appeal, if presented, has been dismissed.
4) Relevant Case Law
Tejinder Kaur Vs. Gurminder Singh AIR 1988 SC 839 : 2SCC 90
In this case, the petition for divorce by the husband on the ground of cruelty succeeded in the Trial Court. The High Court dismissed the wife's appeal. Then within a month, the husband remarried another woman. The divorced wife filed a special leave petition in the Supreme Court under Section 136 of the Indian Constitution. The husband raised a preliminary point that the petition has become infructuous and should be dismissed because he had already remarried. The supreme court rejected this contention. The husband has to wait and see whether special leave petition will be filed within 90 days as provided by the law of limitation. If it is filed, He has to wait until it is disposed of by the Supreme Court. Otherwise, take a risk for the wife succeeds in the Supreme Court Decree of divorce may be set aside
See also...
Offences against Marriage (IPC)
What are the grounds for Divorce provided by the Special Marriage Act 1954?
Divorce is a process by which the marriage is dissolved. After the dissolution of marriage, the parties revert to their unmarried status and are free to marry again. Section 13 of the Hindu Marriage Act, 1955 deals with Divorce.
2) Meaning of Divorce -
Divorce means putting an end to the marriage party dissolution of marital relations. The parties can no longer be husband and wife. After the dissolution of marriage, the parties revert to their unmarried status and are free to marry again. Section 13 of the Hindu Marriage Act, 1955 deals with Divorce.
3) Divorced persons when may marry again
Section 15 of the Hindu Marriage Act 1955 says that 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.
Before 1976 there was a provision to Section 15 under that provision for proviso after a divorce decree the parties concerned had to wait for 1 year before entering into another marriage. This proviso was omitted in 1976. So this waiting period does not apply. However the parties have to wait until the time for appealing has expired or appeal, if presented, has been dismissed.
4) Relevant Case Law
Tejinder Kaur Vs. Gurminder Singh AIR 1988 SC 839 : 2SCC 90
In this case, the petition for divorce by the husband on the ground of cruelty succeeded in the Trial Court. The High Court dismissed the wife's appeal. Then within a month, the husband remarried another woman. The divorced wife filed a special leave petition in the Supreme Court under Section 136 of the Indian Constitution. The husband raised a preliminary point that the petition has become infructuous and should be dismissed because he had already remarried. The supreme court rejected this contention. The husband has to wait and see whether special leave petition will be filed within 90 days as provided by the law of limitation. If it is filed, He has to wait until it is disposed of by the Supreme Court. Otherwise, take a risk for the wife succeeds in the Supreme Court Decree of divorce may be set aside
See also...
Offences against Marriage (IPC)
What are the grounds for Divorce provided by the Special Marriage Act 1954?
Hi everyone, I am Sharon. from Poland I want to use this medium to appreciate Dr Ogbeifun the great black magic death spells caster for the successful death spells he cast on someone for me. I contacted him when my husband left me for another woman who uses witchcraft power to take my husband. I was desperately in need of help when I found his contacts online about his genuine powers. I told him my situation and how I wanted the bitch who took my husband gone. He told me not to worry. He cast the death spells ritual on her and the bitch died in her sleep within 24hours. Now my husband is back home and we are living happily. Thank you so much Dr Ogbeifun, You are so real and true. Below is his contacts in case you want to contacts him
ReplyDeleteCall/WhatsApp: +2348102574680 Email: ogbefunhearlingtemple@gmail.com
I really appreciate Dr.Ogedegbe the powerful spell caster who help me cast a love spell that brought my ex husband within 48hours after providing him all the details he required from me and after the casting of the spell my ex husband came back to apologize that i should accept him and this will never happen again, for a long time now but since i met this spell caster online my story has change for good contact him via email dr.ogedegbe6@gmail.com or call/whatsapp +2348109374702. All thanks to Dr Ogedegbe for the good work...
ReplyDeleteI want to thank a very kind and powerful psychic who brought back my ex wife who left me she told me she wants to be alone and left me and the kids I was devastated everyday i keep thinking how i would live without her one day i was online when I found DR.OCUSODO website then i contacted him, He told me not to worry she will be back in 24hours after he cast his love spell i had some doubt though but i just did all he instructed and had a little faith, To my greatest surprise the next day she was back to me and the family she told me she was sad because she couldn't get pregnant since we have been trying but Dr. OCUSODO also solved that now she is 3 weeks pregnant I'm so excited i highly recommend him he is powerful and can help you too with different problems email him now at drocusodospellcaster@gmail.com OR drocusodospellcaster@yahoo.com And his OR WhatsApp +2347066448668
ReplyDelete