Section 57 of The Divorce Act, 1869
1[57. Liberty to parties to marry again.— 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, it shall be lawful for either party to the marriage to marry again.]
Summary
- This section explains when divorced people are legally free to marry someone else.
- You can remarry if a decree for dissolution or nullity of marriage has been passed and the time limit to file an appeal has run out without anyone appealing.
- You can also remarry if an appeal was filed, but it was dismissed, and the dismissal has become final.
- In either of these situations, the law allows both parties to marry again.
Practical examples
FAQ
1. Can I remarry the day after my divorce is granted?
No, you must wait until the time allowed for an appeal has expired.
2. What happens if my ex-spouse appeals the divorce?
You cannot remarry until that appeal has been dealt with and dismissed, and that dismissal becomes final.
3. Does this rule apply if the marriage was declared null and void?
Yes, it applies to decrees for dissolution and decrees of nullity.
Test yourself
Q1.Under Section 57 of The Divorce Act, 1869, when can a party to a dissolved marriage marry again if no appeal is filed?
Q2.Under Section 57 of The Divorce Act, 1869, what happens to the right to remarry if an appeal against the divorce is presented to a court?
Q3.Which two types of decrees trigger the remarriage rules in Section 57 of The Divorce Act, 1869?
Q4.Considering Section 56 (Supreme Court Appeals) and Section 57 of The Divorce Act, 1869, if a party appeals a dissolution decree to the Supreme Court, when can they legally remarry?