Section 15 HMA: Divorced persons when may marry again

Hindu Marriage Act, 1955

Section 15 HMA at a Glance

Section 15 HMA states when divorced spouses may lawfully marry again after a divorce decree. Either spouse may remarry once no right of appeal exists, the appeal time expires without an appeal, or an appeal is dismissed.

Section 15 HMA Bare Act Text

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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Amendments to this section
  • Proviso omitted by s.10, ibid. (w.e.f. 27-5-1976).

Section 15 HMA in Simple Words

Section 15 HMA governs when either spouse to a dissolved marriage can lawfully marry again. Getting a decree of divorce (such as on a ground under Section 13 HMA) is the first requirement, and Section 15 HMA sets the appeal conditions that must also be satisfied before remarriage is lawful.

Once a marriage has been dissolved by a decree of divorce, Section 15 HMA makes it lawful for either party to the marriage to marry again in any one of three situations. First, there is no right of appeal against the divorce decree. Second, a right of appeal exists, and the time for appealing has expired without an appeal having been presented. Third, an appeal was presented against the decree, and that appeal has been dismissed.

The rule applies equally to both parties to the dissolved marriage. Until one of the three appeal situations is met, the conditions for lawful remarriage under Section 15 HMA are not complete. An earlier proviso to Section 15 HMA was omitted by amendment with effect from 27 May 1976.

When Section 15 HMA Applies

  • The marriage has been dissolved by a decree of divorce.
  • Either there is no right of appeal against the divorce decree, or one of the two appeal completion conditions is met.
  • Where a right of appeal exists and no appeal is filed, the time for appealing must have expired without an appeal being presented.
  • Where an appeal has been presented against the divorce decree, the appeal must have been dismissed.

Example of Section 15 HMA

Harpreet and Nandini obtain a decree of divorce from a court in Ludhiana dissolving their marriage. A right of appeal exists against the divorce decree, and Nandini presents an appeal within the allowed appeal time. While Nandini's appeal remains pending before the appellate court, the conditions of Section 15 HMA are not yet satisfied for either spouse to marry again. Later, the appellate court dismisses Nandini's appeal. Under Section 15 HMA, once the appeal has been dismissed, both Harpreet and Nandini may lawfully marry again.

When Section 15 HMA Does Not Apply

  • Where a right of appeal exists against the divorce decree and the time for appealing has not yet expired.
  • Where an appeal has been presented against the divorce decree and has not been dismissed.

FAQs on Section 15 HMA

What is Section 15 HMA?▼

Section 15 HMA sets out when either spouse whose marriage has been dissolved by a decree of divorce may lawfully marry again. Remarriage is lawful when there is no right of appeal against the decree, when the time for appealing expires without an appeal being presented, or when a presented appeal is dismissed.

Can a divorced spouse remarry immediately if a right of appeal exists under Section 15 HMA?▼

No. Where a right of appeal exists against the divorce decree, Section 15 HMA allows remarriage only after the time for appealing has expired without an appeal being presented, or after any presented appeal has been dismissed.

Can either spouse marry again under Section 15 HMA while an appeal against the divorce decree is pending?▼

No. Under Section 15 HMA, once an appeal has been presented against the decree of divorce, remarriage becomes lawful only when that appeal has been dismissed.

Does Section 15 HMA apply to both spouses after a divorce decree?▼

Yes. Once the marriage is dissolved by a decree of divorce and the appeal condition in Section 15 HMA is met, Section 15 HMA makes it lawful for either party to the marriage to marry again.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Hindu Marriage Act, 1955 ·