Remarriage after exparte divorce

Section 15 of the Hindu Marriage Act provides as follows:

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 dismissed, it shall be lawful for either party to the marriage to marry again.

Order IX, Rule 13 of CPC provides as

13. Setting aside decree ex parte against defendant— In any case in which a decree is passed ex parte against a defendant, he may apply to the Court by which the decree was passed for an order to set it aside; and if he satisfies the Court that the summons was not duly served, or that he was prevented by any sufficient cause from appearing when the suit was called on for hearing, the Court shall make an order setting aside the decree as against him upon such  terms as to costs, payment into Court or otherwise as it thinks fit, and shall appoint a day for  proceeding with the suit;

Provided that where the decree is of such a nature that it cannot be set aside as against such defendant  only it may be set aside  as against all or any of the other defendants also:

[Provided further that no Court shall set aside a decree passed ex parte merely on the ground that there has been an irregularity in the service of summons, if it is satisfied that the defendant had notice of the date of hearing and had sufficient time  to appear and answer the plaintiff's claim]

[Explanation.—Where there has been an appeal against a decree passed ex parte under this rule, and the appeal has been disposed of an any ground other than the ground that the appellant has withdrawn the appeal, no application  shall lie under this rule for setting aside that ex parte decree.]

 14. No decree to be set aside without  notice to opposite party— No decree shall be set aside on any such application as aforesaid unless notice thereof has been served on the opposite party.

So it is advisable that the girl should marry, if she desires as because the decree was passed long back in 2010.

Dear Sundar

I am agree with Mr. Arif Iqbal

you can also read sec 30 of Special marriage act, section 57 of Indian Divorce Act

For thiry days a period within which an appeal before High Court can be filed - thereafter you are free for remarriage

You are free to marry.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com