divorce decree is complulsory

A person who is defined as hindu under the hindu marriage act 1955, if he diissolves the marriage or seeks divorce then the marriage may be dissolved only by a decree of divorce. On any of the grounds defined u/s 13 of the act of 1955.

Kushan Sir, though there is no provision under HMA that divorce decree is essential for a second marraige, S.11 speaks about the conditions which make a second marrriage void.

Wonder full suchitra , we need defense advocates like you. What should not be done is told by every body. It is for an advocate to find way out.

Laws are made by humans so they can not be perfect and can provide for every eventuality. So another set of humans finds way out.

Any body can remarry if can find a willing partner whether divorce or no divorce.

But it is clearly written in HMA  of section 5 that -   neither party has a spouse living at the time of the marriage;
which is self explanetory; if Spouse is living while second marriage then this second marriage is automatically VOID.

yes mr dheva,

you are right'

mr kushan,

though your question not very clear, due to language, but what i guess that you want to say that -

as the marriage was a personal liberty, therefore still today it is a personal liberty.

but the situation changed now.

at 1955, hma come into force, again at 1976 the ammendment of hma come into existence; now the personal liberty on marriage, which is part of the fundamental rights under art 21 is now snatched by law. now only the first marriage is personal liberty not the latter marriages. however i am in the opinion that marriage is always a personal liberty not first one.

A CHALLENGE IN THE SUPREME COURT IS WELLCOME.