When Can a Divorced Person Marry Again? Section 15 of the Hindu Marriage Act, 1955

Section 15 explains when either former spouse may lawfully marry again after a decree of divorce. The central issue is the status of the right of appeal and any appeal actually filed against the divorce decree.

Updated: 27 September 2026

Short answer: A divorced person may remarry when there is no right of appeal against the divorce decree, or when the time allowed for appeal has expired without an appeal being filed, or when an appeal that was filed has been dismissed. There is no separate one-year waiting period under the present Section 15.

Section 15: Divorced Persons When May Marry Again

Meaning of Section 15: once a marriage has been dissolved by a decree of divorce, remarriage is lawful if no appeal lies; or, where an appeal lies, the appeal period has expired without an appeal; or an appeal was filed and has been dismissed.

This rule protects the appellate process. A decree of divorce may be challenged where the law provides an appeal, so Section 15 links the right to remarry with the conclusion or expiry of that appellate opportunity.

What Is the Time Limit Before Remarriage?

Section 15 itself does not prescribe a fixed number of days. It refers to the period available for appealing against the divorce decree. Under Section 28(4) of the Hindu Marriage Act, 1955, an appeal under Section 28 is to be preferred within 90 days from the date of the decree or order.

Practical point: where a right of appeal exists, remarriage should ordinarily wait until the applicable appeal period has expired without an appeal, or until an appeal that has been filed is dismissed. Questions involving delayed appeals, condonation of delay, stays or unusual procedural facts should be checked on the particular court record before remarriage.

No Separate One-Year Waiting Period Under Present Section 15

An earlier proviso to Section 15 imposed a one-year restriction from the date of the decree of the court of first instance. That proviso was omitted by the Marriage Laws (Amendment) Act, 1976 with effect from 27 May 1976. Therefore, the old one-year rule should not be presented as the current statutory waiting period.

When Is Remarriage Lawful?

Situation after divorce decree	Position under Section 15
No right of appeal exists	Either party may lawfully remarry.
A right of appeal exists, but the appeal period has expired and no appeal was filed	Either party may lawfully remarry.
An appeal was filed against the divorce decree	Section 15 contemplates remarriage after that appeal has been dismissed.

Supreme Court Guidance on Section 15

Lila Gupta v. Laxmi Narain

The Supreme Court considered the effect of a remarriage contracted contrary to the then-existing proviso to Section 15. The decision is important for the distinction between a statutory restriction on remarriage and the question whether the later marriage is automatically void.

Supreme Court decision dated 24 August 2018

The Supreme Court noted that the old one-year proviso to Section 15 had been repealed with effect from 27 May 1976 and discussed the principle in Lila Gupta. This is useful when reading older material that still refers to a mandatory one-year waiting period.

Supreme Court decision dated 19 February 2020

The Court again discussed Section 15 and Lila Gupta, including the legal effect of remarriage in circumstances involving an appeal filed after expiry of limitation. The judgment shows why the exact procedural history of the divorce appeal can matter.

Simple Checklist Before Remarriage After Divorce

Obtain and check the final divorce decree and its date.
Confirm whether a statutory appeal lies against that decree.
If an appeal lies, verify whether the applicable appeal period has expired.
Check the court record to ensure that no appeal affecting the decree is pending.
If an appeal was filed, verify the final order dismissing or disposing of it before relying on Section 15.

Related Provisions of the Hindu Marriage Act

Section 13 - Divorce sets out grounds for divorce, while Section 13B - Divorce by Mutual Consent deals with dissolution by mutual consent. Section 28 - Appeals from Decrees and Orders governs appeals under the Act and is directly relevant when applying Section 15.

Official Legal Sources

Legal information: This article provides general information on Section 15. Court orders, limitation issues and pending appellate proceedings can affect an individual case. The actual decree and case status should be verified before acting on the information.