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If marriage possibe during pendency of divorce appeal in high court


21-Jul-2023 (In Divorce Law)
If a person got divorce from district court,appeal to high court,other party can marry?
Answers (3)

Answer #1
656 votes
HI
Is there a stay on divorce decree granted by district court?
If there is no stay in divorce decree, then there is only a moral obligation on the parties not to marry .
If there is a stay in divorce decree, then the parties cannot remarry till the appeal is dismissed.
Answer #2
901 votes
Appeal is a statutory right of aggrieved party and the marriage cannot be performed by the party who had won in lower court until and unless the matter is finally adjudicated and decree / judgment is pronounced by a court.
If not marrying other personal will tantamount to Bigamy under Sec.494 I P C.
Answer #3
849 votes
Dear,

No. Marriage is not possible during pendency of divorce appeal in High Court as marrying again during pendency of appeal is against the Section 15 of the Hindu Marriage Act, where under it is stipulated that even after dissolution of marriage by a decree of divorce, upto certain period no party to the marriage can marry again. The person can only marry after the appeal is disposed off by the High Court.

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