Validity of remarriage after ex parte decree of divorce.
In case of an ex parte decree of divorce also it shall be lawful for either party to the marriage to marry again if no appeal is filed against such decree within the period of limitation of 90 days.
It is trite that the dissolution of marriage is complete once the decree is made.
A decree of divorce breaks the marital tie and the parties forfeit the status of husband and wife in relation to each other.
Each one becomes competent to contract another marriage as provided by section 15 of the Act.
In law the effect of ex parte decree of divorce is not different from a contested one.
Even Section 15 of the Act does not make any distinction between a contested decree and an ex parte decree.
Therefore, in case of an ex parte decree of divorce also it shall be lawful for either party to the marriage to marry again if no appeal is filed against such decree within the period of limitation.
When no appeal was preferred within the period of limitation or even thereafter.
The application under Order 9 Rule 13 CPC was also filed after seventeen months from the date of ex parte decree as against limitation period of thirty days from the date of decree as provided under Article 123 of the Limitation Act, despite the appellant having been duly served with summons.
In the circumstances, it was lawful for the respondent husband to solemnize another marriage.
No fraud has been committed by the respondent.
Summons was also served on the appellant as per the procedure prescribed in law.
Seema Devi vs. Shree Ranjit Kumar Bhagat (21.04.2023 – DELHC) : MANU/DE/2585/2023