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Mohini Pandey   05 September 2024

Decree nisi

Shiva and Ritika, a married couple in their early 30s, have decided to end their marriage due

to irreconcilable differences. The court has issued a Decree Nisi, an interim decree that

indicates the court sees no reason why the couple should not be divorced. However, the

divorce is not yet final, and there is a mandatory waiting period before the Decree Nisi can be

made absolute, thereby finalizing the divorce.

During this waiting period, Shiva begins a new relationship and quickly develops serious

intentions with his new partner. He plans to remarry as soon as the Decree Nisi is made

absolute, eager to start a new chapter in his life. However, unexpectedly, Ritika files for

reconciliation, arguing that they should make one last attempt to save their marriage. Ritika’s

actions could delay the final decree, leaving Shiva in a state of uncertainty.How does the

Decree Nisi affect Shiva’s ability to remarry, and what are the legal implications if Ritika

successfully delays the final decree?



Learning

 1 Replies

Pankhuri Rastogi   28 October 2024

Dear Mohini,
I have gone through your query and totally understand your query and here is my advice:
Firstly, let's discuss what in actual “Decree Nisi” is. So it’s a conditional order for the divorce
when the court feels that there is no reason to deny the divorce of the concerned couple but
does not immediately dissolve the divorce. This concept has been discussed indirectly in
Section 13B(2) of the Hindu Marriage Act, 1955, as the marriage shall not be dissolved
until the Decree Absolute is granted after the mandatory period of waiting. The period is
specifically for providing time to the parties for reconciliation.
In the given case, Shiva cannot marry any other girl until the Decree Nisi is made absolute.
And since the marriage has not dissolved yet, he can’t remarry and if he does, the marriage
will be held legally valid as per Section 5(i) of the Hindu Marriage Act, 1955v.
The reconciliation application made by Ritika can significantly impact the proceedings (even
during the waiting period). The court can delay the “Decree Absolute” if it feels that there
is a chance for reconciliation, as in the case of K. Srinivas Rao v. D.A. Deepa (2013), the
Supreme Court has held that all courts should encourage the reunion of the couple
wherever possible, even at the advanced stages of the divorce proceedings.
Hence, it can be concluded that Shiva cannot remarry until the Decree Absolute is granted by
the competent court. And it can be said that He may also face some legal uncertainty if Riya
successfully delays the final decree and it will subsequently affect the ability of Shiva to start
a new chapter of his life.
However, there are still some chances for the dismissal of the application of Ritika, as seen in
Sandhya Rani v. Kalyanram Narayanan (1994), in which the Supreme Court has held that
the smooth administration of justice shall not be obstructed by delay tactics

I hope I was able to provide you with an answer to your doubts If you need any clarifications,
then feel free to connect with me on LinkedIn. (www.linkedin.com/in/pankhuri-rastogi-
9221b2289)


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