The Divorce Act, 1869 | Section 57

Section 57 Divorce Act 1869 - Liberty to Parties to Marry Again

Section 57 of the Divorce Act, 1869 states when a person whose marriage has been dissolved, or declared null, may lawfully marry again. The essential requirement is finality of the decree and exhaustion or expiry of the applicable appellate process.

What Section 57 provides

Where a decree for dissolution or nullity of marriage has been passed and either the time for appeal has expired without an appeal having been presented to any court including the Supreme Court, or an appeal has been presented but has been dismissed and the decree or dismissal has become final, either party may lawfully marry again.

The present Section 57 was substituted by section 30 of the Indian Divorce (Amendment) Act, 2001 (Act 51 of 2001), with effect from 3 October 2001.

Meaning of important expressions

Decree for dissolution

A decree for dissolution legally terminates the marriage under the Divorce Act. Section 57 addresses remarriage only after the decree has attained the required finality.

Decree of nullity

A decree of nullity is a judicial decree declaring a marriage null under the provisions of the Act. Section 57 places dissolution and nullity decrees on the same footing for the purpose of determining when remarriage becomes lawful.

Finality and appeal

The section does not prescribe an independent fixed waiting period. Instead, the right to remarry depends on the appellate position: the time available for appeal must expire without an appeal, or an appeal that was filed must be dismissed and the decree or dismissal must have become final.

Practical effect of Section 57

Before contracting another marriage, a party should verify that the decree is final and that no appeal capable of affecting that decree is pending. The wording expressly refers to an appeal to any court, including the Supreme Court.

Important: The legal right to remarry under Section 57 arises only when the statutory conditions concerning appeal and finality are satisfied. The facts and procedural history of a particular case may therefore be important.

Official legal source

For the current Central Act text, amendments and official legislative material, see the India Code portal and the Legislative Department, Ministry of Law and Justice.